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Published Wednesday, October 01, 2008 in Local
The Times-Herald
Both the prosecution and the defense rested Wednesday afternoon -- with the defense offering no additional testimony or evidence -- in the case against accused killer Roderick Calvin Thomas.
Closing arguments begin today at 9:30 a.m. in Courtroom A at the Coweta County Justice Center, and then the jury will begin deliberations.
On Wednesday, Thomas' co-defendants took the stand to testify about the March 30, 2004, shotgun killing of 17-year-old Heather Rhodes in Newnan's Lakeside Apartments during a home invasion robbery.
Anricus Rayshawn "Peanut" Holston, 26, was visibly hesitant to testify against Thomas, his cousin. Holston finally told the court that he picked up the third co-defendant, Marquis Damon Cannon, on the night of the incident and that Thomas met up with them at Holston's Park Manor apartment.
The three reportedly began chatting and smoking marijuana when the subject came up about "doing a lick," or robbing someone of marijuana, Holston testified. Holston told jurors that he was the one who suggested they target Mandell Mahama's Lakeside apartment, because he'd been there before and knew there'd be marijuana.
Holston testified that they all agreed that he'd drop them off in his mother's Ford Explorer at the apartment and stay behind as the getaway driver so he wouldn't be recognized. Holston later added that he told them not to hurt anyone while inside.
When asked about who had the shotgun, Holston replied, "my cousin had [the gun] when they got out."
Holston then rode to the back of the apartment complex and waited. After a few minutes, Thomas reportedly came back without Cannon. According to Holston's testimony, Thomas said "they had to shoot" -- though Holston admitted to Assistant District Attorney Lynda Caldwell that he previously told investigators that Thomas had stated, "I had to shoot."
After that, Holston drove Thomas back to Park Manor apartments where Thomas got into his own vehicle -- a light blue Chevrolet Impala with white flames on the hood. Holston said he followed Thomas down the road a few minutes before he returned to his apartment.
During cross-examination, Holston described his own vehicle at the time as a 1973 white Cutlass, which Defense Attorney Walt Haugen stated was similar in size and shape to Thomas' vehicle.
When questioned initially by police, Holston insisted that he was not involved in the incident and that he'd been home all night with his girlfriend. He told police that he and Thomas look alike and could have been mistaken for each other, according to Haugen. Holston even told the court that he'd dressed Thomas in his own clothing the night of the incident.
Holston never admitted guilt until January 2006, plenty of time to craft a story, according to Haugen. Haugen implied that it was Holston who knew Mahama and Eric Winer, as well as the layout of the apartment -- and Thomas didn't. He also implied that this admission of guilt is simply about pleading for less prison time, and that he's not trustworthy.
Wednesday afternoon, Cannon also testified against Thomas, and his testimony largely corroborated Holston's from earlier in the day. Cannon's testimony differed from the moment Holston dropped him and Thomas off at the apartment the night of the incident.
"The plan was to lay 'em down and take the money," said Cannon.
Cannon said he knocked on the door and started to walk off when no one answered. Thomas allegedly threatened Cannon forcing him to follow through with the plan.
"I was scared not to [participate]," said Cannon.
Cannon knocked again; and when the door cracked open, Thomas allegedly forced his way in, and Cannon followed. Cannon said his job was to watch over everyone in the front room. He did see the other victims going into the bathroom naked. He also saw "one guy with a shotgun in his mouth." Cannon then described seeing Mahama flee and hearing shots fired -- though, he denied chasing Mahama saying he was "trying to get away from the whole situation."
Cannon never looked for Holston as he fled on foot to the Steak-N-Shake, where he was taken into police custody minutes later. He testified that it was in the back of a patrol car that he first heard over the scanner that someone had been killed. He decided then it was important to admit his involvement, which he did to Major James Yarbrough, the lead investigator in the case.
During cross-examination, Cannon admitted that he had told Yarbrough during one of the police interviews, "self-preservation is the first law of nature." Thomas' other defense attorney, Jim Berry, pointed out that Cannon had been looking at a life sentence for his charges and suggested he may be testifying in exchange for a reduced sentence of 20 years to serve 14.
Yarbrough testified that Thomas was captured on May 4, 2004, after he was found hiding in a closet in an apartment in Union City.
On cross-examination, Berry pointed out that despite the investigation, there is no physical evidence connecting Thomas to the crime. None of the victims recall seeing the intruders wearing gloves, yet no fingerprints were identified as either those of Thomas or Cannon. Berry tried to imply that Yarbrough didn't search thoroughly enough for those responsible, that he just took Cannon's word.
Charles Thomas Dolan recounted the events of March 30, 2004, as another of the nine victims. While several details didn't stand out to Dolan more than four years later, the parts that did were "the shooting, the robbing and the heinousness of the crime."
Kevin Cardin, a resident of Park Manor Apartments who lived above the Holstons at the time, testified that he saw the Impala car that police were looking for on March 30, 2004, around 9 p.m. He was also awakened during that night by sirens and overheard a "commotion" in the apartment below him that sounded like a domestic dispute.
Kimberly Balkom, the mother of Thomas' three sons, testified that she had a shotgun that was later misplaced or stolen.
Thomas is charged with nine counts aggravated assault, two counts armed robbery, two counts burglary, five counts kidnapping, two counts murder, possession firearm by convicted felon, three counts possession of a gun or knife during the commission of a felony and terroristic threats.