The firearm allegedly used in the Oct. 18, 2009, murders of two West Frankfort women was admitted Tuesday as evidence in Franklin County court.
Judge Barry Vaughan excused one of the jurors before testimony began and before the jury was seated, saying an alternate would take the place due to a medical family emergency.
Four men and eight women sat in the jury box after words of caution and instructions were administered to family members and others in the courtroom.
Victims advocate Beth Sandusky explained that those in the audience were not permitted to talk, make outbursts or disrupt the court proceedings.
Bailiff Ann Lytle said any disruption was probable cause, adding that those who did not adhere to the rules would be ushered from the courtroom.
Lytle was also specific that once the judge and jury entered the courtroom, no one else would be permitted inside.
Vaughan also cautioned spectators, saying this is a death case. He urged those in the audience to "maintain decorum" during the court proceedings.
The judge also discussed the recently repealed death penalty signed into law by Gov. Pat Quinn. The law went into effect July 1.
Former Franklin County State's Attorney Tom Dinn was seeking the death penalty for co-defendants Afton D. Ferris and Michael A. Schallert, who are accused of first-degree murder, armed robbery and home invasion.
Vaughan said because the "death penalty ceased to exist, the rules that originally applied no longer apply."
Current Franklin County State's Attorney Evan Owens added a nurse to the list of now 60 potential witnesses in the case, with no objection from defense attorneys Jerry Crisel of Albion and Matt Vaughn of Fairfield.
Following opening statements from assistant state's attorney Phillip Butler, Vaughan read the list of charges against Ferris, saying she is accused of shooting Terri A. Seibeck and Kandis R. Majors inside the home they shared at 213 N. Douglas St., West Frankfort.
Ferris is accused of taking a credit card belonging to Majors, her identification card and car keys. Ferris also allegedly took a credit card and identification card belonging to Seibeck.
Vaughan instructed jurors on the principles of law saying they should not consider opening or closing statements made during the trial. He said jurors should consider all of the evidence before returning to the jury room for deliberations and to keep "an open mind."
Vaughan instructed jurors not to talk to anybody, or view or read news accounts of the case until after a verdict is reached. He said jurors do not have to talk to anyone about the case even after it comes to a close.
The judge said the state has the burden of proof to prove beyond a reasonable doubt that Ferris is guilty.
During the opening statements, Butler said jurors would hear from friends and family members of Seibeck and Majors saying the state "hoped to show the bodies of two young women discovered in their home dead of multiple gunshot wounds."
Butler said Seibeck and Majors "were in a relationship."
"They lived together, then with two others, Afton Ferris and Michael Schallert," Butler said.
He said the co-defendants "decided on Oct. 18, 2009, that it was time to leave" after being kicked out of the home that Majors and Seibeck shared.
Butler said Ferris and Schallert went out with other friends and decided to party in a residence located on North Horrell Avenue in West Frankfort.
He said one of the witnesses would testify that he expected Ferris and Schallert to spend the night in the home on N. Horrell Ave.
Instead, when he awoke the next day he found a note. When called to the witness stand later in the day, the witness identified the note submitted as evidence.
Reading the note, he said it stated that he "was a good friend. We did what we had to do." The witness said the note was signed "us" adding he did not know who wrote the note that he found on the coffee table beside where he was sleeping on the couch.
Owens called a West Frankfort police officer to take the stand, who submitted the 22 Ruger handgun used in the murders into evidence along with photos taken from the crime scene and surveillance video from a West Frankfort gas station where Schallert reportedly stopped to fill up the 2003 Chevrolet Impala that belonged to Majors.
The officer said still photos of co-defendant Schallert were emailed to him and a compact disk of the video was provided from the operations manager of the gas station.
During his opening statements, Crisel said this would be a lengthy and difficult case.
Referring to Vaughan's earlier sentiments about Independence Day and the Declaration of Independence he credited the blood and suffering of others that made it possible "for this little girl to get a fair trial."
Crisel said both the state's attorney and defense counsel were "here to try to get to the truth." He explained the meaning of the word 'verdict' saying it is Latin for "to say the truth" adding it is never simple.
Crisel said getting to the truth is "often impolite, inconvenient and sometimes ugly."
Referring to Butler's comments about the vast array of books he reads Crisel said
"you can't judge a book by its cover."
The defense attorney said he believes "the evidence will show she is not guilty."
The police officer testified that he was dispatched to the home at 213 N. Douglas St. after Seibeck's aunt reported that she had stopped by the home to check on the two women and found blood on the inside of the front storm door.
The officer said the aunt, a niece and a friend of the family were on the scene when he arrived adding the storm door was open but the interior front door was locked.
He said he observed blood on the front door and walked around the house checking windows and trying to see inside the home.
He said the aunt explained that Seibeck had not reported to work that day and Majors, who was a college student, was not on the campus, which was "out of the ordinary."
The officer said Majors' red Pontiac was parked in front of the home but Majors' Chevrolet was missing.
The officer contacted the West Frankfort Police Chief who gained entry into the residence where the bodies were discovered.
He testified that he had combed the city the morning after the bodies were discovered and found out that Schallert had stopped for fuel and used Majors credit card to pre-pay for the purchase.
The officer explained that Seibeck's aunt told the police that her niece and Majors had allowed two people to live with them for a period of two weeks. He said the aunt knew the two only as Mexican Mike and Afton and said the co-defendants were homeless when they lived with the couple.
The officer also submitted a receipt for the fuel purchase, signed by Schallert.
He said the video "definitely shows a passenger in the car" but he could not identify the individual.
Later the gas station attendant took the witness stand and testified that she had waited on Schallert and saw that the passenger was a female with blond hair.
During cross examination, Crisel asked the attendant about Schallert's demeanor.
When she stated that she could not remember, the defense attorney asked her to read the statement she had provided to police.
After reading the statement, the attendant said she remembered pointing to the vehicle to make sure it was the right one before the fuel was pumped.
When asked, she said Schallert "seemed to be nervous and in a rush." The attendant explained to Schallert that she was "waiting for the credit card to go through."
Earlier, Owens asked the police officer if he had helped to obtain a search warrant, which enabled law enforcement personnel to locate the Chevrolet Impala parked outside a home in Ft. Collins, Colo.
The officer said the police chief and another officer brought the vehicle and other evidence back to Illinois.
A West Frankfort firefighter was also questioned, as well as the county coroner before a forensic pathologist took the witness chair.
The pathologist described the entry and exit wounds found during the autopsies that were conducted in the Carmi-White County Morgue. He said gunshot wounds, stippling patterns associated with bullets being fired at close range, clothing, bullets and bullet fragments were part of the findings.
Following the pathologist's testimony, another witness took the stand saying Ferris and Schallert had spent the night in his house on North Horrell Ave. before leaving before he woke up the following morning to find them gone.
The witness testified that when he awoke he noticed drawers were open and a Ruger was missing from a bedroom's night stand drawer. He said a gold ring, a ring and the pistol were missing.
The witness stated that he called his father to see if he had removed the handgun.
The father later testified that he "went looking for Schallert and Ferris" and went to the residence at 213 N. Douglas St.
The younger witness stated that he had known Schallert for 10 years adding Schallert had moved to Wyoming before returning to Illinois. He said Schallert visited his mother who lived in Wyoming.
The witness stated that he had told police officers that Schallert had been a neighbor of his when they met.
The father testified that he arrived at the home at 213 N. Douglas St., observed blood on the inside of the storm door and left. He said he drove by later and observed police officers at the scene.
The father said he had also known Schallert for 10 years adding he was a friend of his sons.
He testified that he had "met Afton two times" saying he had met her through Schallert.
Another witness testified that Ferris and Schallert came to her home on Oct. 18 "with a bag of weed and asked if I wanted to smoke." She said she declined and later went to Seibeck's and Majors' home.
The witness said when she told the couple about the weed, Majors said that was the "missing piece of the puzzle." When questioned what that meant, the witness said she believed that meant that the defendants had taken the bag from the victims' home.
Testimony resumes Wednesday.