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Co-defense counsel Jerry Crisel called for a not guilty verdict to be reached prior to two witnesses — including the defendant — taking the stand on Monday.
The state rested its case against Afton D. Ferris, 21, Friday afternoon at the Franklin County Courthouse in Benton.
Testimony of the defendant also took a turn from the time Ferris and the co-defendant, Michael A. Schallert, met until the two were in custody in the Franklin County Jail.
Before jurors were brought into the courtroom on Monday, Franklin County State’s Attorney Evan Owens moved to publish photos and evidence to the panel of jurors.
Crisel requested one last consultation with Ferris about taking the stand before the defense called its first witness.
Co-defense counsel Matt Vaughn said he had met with two expert witnesses and had “lengthy discussions about what their testimony would be” before declining to call witnesses from the Illinois State Police Crime Lab to the stand.
Jurors took time to review the 45 photos of the crime scene as submitted into evidence by Owens along with handwritten notes taken from Ferris and Schallert, 31.
Crisel moved for a not guilty verdict, saying the state had not proven its case beyond a reasonable doubt.
He said evidence presented by the state included a videotaped statement from his client saying a portion of the statement was “self-incriminating.”
Crisel said the state “had no hard evidence that connects the evidence with these murders aside from her own words” and “was not enough to corroborate to prove beyond a reasonable doubt that she committed these murders.”
A hoodie that Ferris later admitted she was wearing when Terri Ann Seibeck and Kandis R. Majors were shot inside the home they shared on North Douglas Street in West Frankfort was admitted into evidence by the state.
Crisel said the hoodie was soaked with Majors’ blood, but no fingerprint evidence was linked to Ferris.
He said the state had “tried Michael Schallert with these murders along with our client.” Defense counsel said they had not attempted to stop the state from presenting evidence.
“The state may have proved that Michael Schallert murdered these two women,” Crisel said.
He said a black purse that contained the firearm allegedly used “was not found on this girl.”
“We don’t know who the items in the purse belonged to,” Crisel said. “We don’t know who ordered the gun be put in the purse.”
Co-defense counsel Jerry Crisel called for a not guilty verdict to be reached prior to two witnesses — including the defendant — taking the stand on Monday.
The state rested its case against Afton D. Ferris, 21, Friday afternoon at the Franklin County Courthouse in Benton.
Testimony of the defendant also took a turn from the time Ferris and the co-defendant, Michael A. Schallert, met until the two were in custody in the Franklin County Jail.
Before jurors were brought into the courtroom on Monday, Franklin County State’s Attorney Evan Owens moved to publish photos and evidence to the panel of jurors.
Crisel requested one last consultation with Ferris about taking the stand before the defense called its first witness.
Co-defense counsel Matt Vaughn said he had met with two expert witnesses and had “lengthy discussions about what their testimony would be” before declining to call witnesses from the Illinois State Police Crime Lab to the stand.
Jurors took time to review the 45 photos of the crime scene as submitted into evidence by Owens along with handwritten notes taken from Ferris and Schallert, 31.
Crisel moved for a not guilty verdict, saying the state had not proven its case beyond a reasonable doubt.
He said evidence presented by the state included a videotaped statement from his client saying a portion of the statement was “self-incriminating.”
Crisel said the state “had no hard evidence that connects the evidence with these murders aside from her own words” and “was not enough to corroborate to prove beyond a reasonable doubt that she committed these murders.”
A hoodie that Ferris later admitted she was wearing when Terri Ann Seibeck and Kandis R. Majors were shot inside the home they shared on North Douglas Street in West Frankfort was admitted into evidence by the state.
Crisel said the hoodie was soaked with Majors’ blood, but no fingerprint evidence was linked to Ferris.
He said the state had “tried Michael Schallert with these murders along with our client.” Defense counsel said they had not attempted to stop the state from presenting evidence.
“The state may have proved that Michael Schallert murdered these two women,” Crisel said.
He said a black purse that contained the firearm allegedly used “was not found on this girl.”
“We don’t know who the items in the purse belonged to,” Crisel said. “We don’t know who ordered the gun be put in the purse.”
Defense counsel said Ferris admittedly had a “hard time all of her life,” was “almost legally blind” and “had no family, just Michael.”
Crisel said his client “grew up in treatment facilities five years of her life.”
He said her actions following the deaths on Oct. 18, 2009, showed “little concern for herself and much concern for Michael Schallert.”
Crisel referred to the videotaped statement numerous times, saying Ferris told law enforcement that Schallert said the two should write suicide notes. He said his client repeatedly asked, “What’s going to happen to Michael?” during the statement.
When told the two would possibly be brought back to Illinois, Ferris asked if she could talk to Schallert about the matter. Crisel said Ferris was “completely dedicated to him.”
Owens argued that the burden of proof was shown, He said DNA evidence “puts her with the evidence in Colorado.”
Owens said Ferris developed the plan for her and Schallert to be alone with the victims inside their North Douglas Street home.
Owens said the 911 call made from Majors’ cell phone corroborated with evidence presented by witnesses, indicating it was “a hang-up call” to the Franklin County Sheriff’s Office.
He said the “ammunition and gun found in the purse” were in the car in which Ferris was riding.
Judge Barry Vaughan denied the motion for the not guilty verdict before a recess was taken so defense counsel could confer with their client.
Co-defense counsel Vaughn called the first of two witnesses, who stated that she had met the defendant when Ferris was a student in a class she was teaching.
The woman said she became Ferris’ foster mother for three years and three months, from May 1999 until August 2002.
She testified that she received a phone call from Ferris on Oct. 18, 2009, stating the defendant told her that the two women she was staying with were “using drugs and they had to move away from there.”
The witness said Ferris asked about job opportunities. Saying there were none in the small town in which she resides, she said a plant 30 miles away was hiring and she would inquire on behalf of Ferris.
The witness testified that Ferris indicated she and Schallert wanted to “be away from where they were.” She asked Ferris if the two could go to a homeless shelter nearby.
Crisel then called Ferris to take the stand. The defendant said she had been in the Franklin County Jail for about 19 months.
When asked where she was prior to that time, Ferris said she had been in a jail in Ft. Collins, Colo., where she and Schallert were arrested.
She stated that Schallert had been her boyfriend for about 14 months prior to the shooting deaths of Majors and Seibeck.
Ferris said she and Schallert lived in West Frankfort before they were arrested because he wanted to return to the area.
The defendant testified that she did not know anyone in this area when the two arrived by Greyhound bus. She said a friend of Schallert’s picked them up at the bus station.
When asked to describe the relationship with Schallert, Ferris said she “loved him, and he was everything.”
“The economy was going bad and nothing was going right,” which prompted Schallert to want to return to Illinois. Ferris said he was “having trouble with his ex-wife,” adding that she and Schallert were living in Wyoming before coming to West Frankfort.
Crisel asked if Schallert or she ever found work after they came to Illinois. Ferris said Schallert had wanted to get back into the union and was waiting for a call that never came.
The defendant said the two were kicked out of the home they had been staying in for a month before moving in with Majors and Seibeck. Ferris said they had visited the home often before moving in with them.
She said she and Majors became friends, adding Majors was enrolled in college and had offered to help her become enrolled.
Ferris said Schallert had a “difficult relationship with Terri,” adding that Seibeck and Majors did not talk to him very much.
She testified that Majors was helping her out “a lot” by offering her old clothes to wear.
Ferris said Schallert took her in, gave her food and said he would not let anything happen to her. She explained that Schallert was arrested and the two “had to move to Cheyenne (Wyo.)” where he “went drinking with his friends.”
The defendant said Schallert would go through the cell phone to see if someone had called or texted her. Ferris said she got “sick of it” because he was so possessive but did not know what to do or where to turn.
Ferris testified that she had tried to call authorities, but Schallert took the phone away from her, took the battery out of the cell phone and threatened to “slit his wrists.”
“I believed him,” she said. “I loved him and thought he was my soulmate.”
Ferris testified that two of Schallert’s friends made sexual advances toward her, but he did nothing about it.
She said she had shoved one of Schallert’s friends away from her following the sexual advances, adding that she started ignoring Schallert and the two “got into more fights.”
Ferris said she started spending more time with Majors, who defended her against the sexual advances of Schallert’s friend.
Crisel asked the defendant if she “was developing feelings” for Majors, to which Ferris replied, “Yes.” When asked if the feelings were strong, Ferris again replied, “Yes.”
Taking Ferris back to the videotaped statement, he asked her if everything she said was true, to which she replied, “No.”
She testified that she and Schallert had visited a friend of Schallert’s the night before the double homicide occurred.
Ferris said they had drunk alcohol and smoked “weed” before spending the night with the friend after he “passed out in a chair.”
She said Schallert handed her the telephone and asked her to call Majors, adding, “They like you better.”
Ferris said she talked to Majors on the phone about purchasing “weed.” She said Majors said something to her that made her upset, and she started crying.
At that point, Ferris stated that Schallert took the phone away from her and started arguing with Majors.
The defendant testified that Schallert asked his friend if he “had anything to de-stress them,” adding that the friend took out pills that she crushed and the three snorted the pills.
Ferris said she did not “remember much of that night.” She said she didn’t remember much of what happened next except that Schallert told her to look for car keys before they left his friend’s house.
She testified that Schallert pulled up his shirt and showed her a gun he had put in the back of his pants before the two left and walked to the home on North Douglas Street.
When asked what he was doing with the gun, Ferris said Schallert replied, "Things aren’t going our way.”
She said they were going to rob Majors and Seibeck but did not believe Schallert was going to use the gun.
Arriving at the North Douglas Street home, Ferris said the two waited outside behind the house until Majors’ brother and another person had left the home.
She said she knocked on the front door, Majors answered, closed the door a bit and then reopened the door for the two to come inside.
She said everyone was sitting down and “everything was quiet for a moment” before Schallert and Majors started yelling at one another.
She said Schallert went into the bedroom to see if he and Ferris had left anything behind, came out, pulled out the gun and shot Majors and Seibeck.
Ferris said Schallert shot Majors again and told her to go to the bedroom and look for credit cards.
She testified that she got into a weed box and started throwing things out of a purse found in the victims’ bedroom.
Ferris said when she returned to the living room, she saw Majors on her hands and knees near the front door.
The defendant said she set the weed box down, grabbed Majors and “yelled for Michael.”
When Crisel asked Ferris if she cared for Majors, the defendant replied that she was holding her because she didn’t know what to do.
“He came out, told me to get off of her and he shot her,” Ferris said.
She said Schallert told her to take the cell phone from Majors’ hand and put it in her pocket.
Ferris testified that Schallert told her to go to the bathroom and wash her hands, adding that is when she walked through the blood on the living room floor.
She said she started putting their belongings in a car, as instructed by the co-defendant.
Ferris said Schallert helped her load suitcases and clothing in the car and told her to change her clothes in the front seat.
She said Schallert did not change clothes, drove to a gas station and then panicked when he realized there was blood on his jeans.
Ferris said Schallert asked her if she thought anyone noticed the blood and told her to take the batteries out of the cell phone and break them into pieces.
When questioned about credit cards found along the interstate in Kansas, the defendant said Schallert told her to throw them out.
Ferris said the two spent the night in a motel before he broke into a cabin owned by Schallert’s mother and stepfather and spent another night before heading to Colorado.
She said Schallert told her to find something in which to hide the gun, adding that she took a large black purse that was also entered into evidence by the state.
Ferris testified that she also gotten onto the Internet, typed in their names and discovered “we were all over the news.”
She said Schallert said they should write suicide or death-wish notes. Ferris testified that she wrote three versions before writing a fourth note that was later submitted as evidence by the state.
When asked to review the note, Ferris said she did not believe the two would be alive.
When asked why she stated that she had shot Majors in the left eye, the defendant said she did not want Schallert to take all of the blame.
“I didn’t want him seen as the most awful person in the world,” Ferris testified.
Directing her attention to another journal entry dated Oct 3, 2009, Crisel said Ferris wrote that Schallert was the only person that she could spend a week with “without wanting to rip his head off.”
Later questioned about the comment, the defendant said it was a figure of speech.
Ferris said a wall inside the jail separated the two, adding that they wrote letters back and forth until July 14, 2010.
When asked how she now felt about Schallert, Ferris said he “is a thieving, lying scoundrel.”
Questioned by Owens, the defendant was asked to recall another journal entry dated Oct. 16.
After reviewing what she allegedly wrote and asking her to read a passage to jurors, Ferris said she questioned why she and Schallert had moved to Illinois, saying, “friends think we are leeches.”
Owens also asked the defendant if she drove the car, to which Ferris replied that she did not know how to drive.
He also asked her if she held the gun at any point, to which she replied, “No.”
Ferris testified that she thought she and Schallert were going to talk to Majors and Seibeck about a misunderstanding.
When asked why the two waited until the victims were alone in the house, Ferris said she thought there would be a fight and “a lot of people might have gotten hurt.”
“I didn’t want anything bad to happen and didn’t want anyone else to be in there,” she said.
Ferris further stated that Schallert held her hand “after it happened,” told her he knew that she wanted a “white wedding” and asked her if she wanted to be Mrs. Michael Schallert, to which Ferris replied, “Yes.”
She testified that Schallert told her “there was nothing else we could have done.”
Before calling a recess for the day, the judge again instructed jurors not to discuss details of the case with anyone, not to view television or newspaper reports or search the Internet about the case. Vaughan instructed jurors to discuss the case only during deliberations when all jurors were present.
Closing arguments are expected on Tuesday.
