The Bad Nurse (5 page)

CHAPTER 16

I
n January 2012, the month prior to the scheduled start of the trial, one development provided some encouragement to Karri's host of fans. The office of the DA had earlier filed a motion stating that its prosecutors would not be seeking the death penalty against Karri Willoughby, saying that it had “undertaken an evaluation of the aggravating and mitigating circumstances” of the case:
[We have] determined that the proper sentence upon conviction of the defendant for capital murder is life imprisonment without parole.

This information had not been widely publicized until the trial date was nearing, and it came as very good news to many of the faithful, who feared there might be a very slight possibility that Karri would unjustly be found guilty. There were many others, however, who thought little of the development, since they believed wholeheartedly that the trial would prove to exonerate their beloved, innocent friend.

As time drew near for Karri's trial to start finally, the defense and the prosecution met in Judge David Rains's courtroom for a status hearing to iron out the details of the trial in several areas. Since it would be such a high-profile trial, there were things that would need to be agreed on ahead of time, like rules and requirements for witnesses, seating in the courtroom, and, most important, selection of the jury.

Judge Rains told the attorneys that the case would require a much larger-than-usual jury pool due to the extensive publicity that the case had received. He said that due to the families involved being so well-known within the county, the number of jurors summoned for duty would have to be larger than what was usually needed for a trial.

Both sides of the case agreed that the trial would probably last around two weeks, once a jury was struck, and they and the judge addressed several other topics of courtroom business that might be dealt with before the trial in order to avoid any unnecessary delays once the proceedings started.

After the status hearing concluded, Judge Rains began preparing a lengthy memo for the media explaining the changes in courthouse security and trial proceedings. Because of the intense publicity the case had generated since Billy Junior Shaw's death in April 2008, the judge had put in place some strict rules for anyone who might be hoping to attend the trial.

Jury selection would start at 9:00
A.M.
on Monday, February 6, with the identity of all prospective jurors to be verified by courthouse security and given “juror” buttons. They were then to be given a lengthy questionnaire and sent to the second-floor courtroom to complete the paperwork. Security guards outside the courtroom would only admit jurors, court staff, and those who would be actively participating in the trial. Everyone else would be sent to the third-floor courtroom, instead.

Members of the media would not be permitted in the second-floor courtroom during jury selection until it was determined whether or not there would be enough room to seat all the jury pool. Rains said that reserved seating for the media would be allowed as it became available in an assigned seating area that had been planned to minimize the possibility of distraction to the potential jurors.

In his memo, Rains wrote:
The press will be allowed to tweet from the courtroom, and a sketch artist has been given permission to be present during the trial, provided there is no material distraction.

The Fort Payne
Times-Journal,
the newspaper that had carried the most comprehensive coverage of the case from its start, planned to have its primary reporter, Lindsay Slater, on hand throughout the trial to send live updates from the courtroom via its Twitter and Facebook accounts. The reporter's accounts would begin with Monday's first activity throughout the jury selection process and on into the trial itself, expected to start on Wednesday. Slater was acknowledged as one of the most knowledgeable media representatives who had followed the case, and her coverage would be key for the many Karri supporters who would not be able to squeeze into the courtroom for the trial.

Judge Rains also stipulated that there would be no use of audio or video equipment or still photography in the courtroom and in the lobby outside. He said that non-flash photos could be taken in the first-floor lobby, and filming would be allowed outside the courthouse. Rains also placed restrictions on the movements of spectators, press, and family members, who could only enter or leave the courtroom during recesses while the trial was in progress. A deputy would be stationed at the courtroom door and tasked with strictly enforcing the judge's rules.

Judge Rains and the security team were determined that these measures were going to be tightly adhered to by all attendees. There were much larger, more emotionally volatile groups of people expected to be on hand for this trial than the usual number of spectators. The judge was anticipating the arrival of people who had every intention of being in the courtroom, or at least being present in or outside the courthouse, to see their idol pronounced innocent. Courthouse security expected to have their hands full with members of the Karri legion for the next couple of weeks.

CHAPTER 17

A
s far as overall security measures at the DeKalb County Courthouse during Karri's trial, Leland Chandler, a security officer deputy, told the media that there would be increased measures put in place during the coming trial to ensure the safety of courthouse personnel, as well as the public.

“We'll be doing basically what we do on a daily basis, but at a heightened level,” he said. “With cases like this, emotions can be high, and we never know what could happen.”

Chandler went on to explain to the media that the courthouse had recently been equipped with new and improved metal detectors. Not only did these sound an alarm when metal was sensed, but they also had a bank of light bars down the front that would indicate to the officers where the metal was located. This new equipment had already proven its worth by eliminating some of the problems previously caused by false alarms created by belt buckles, hair barrettes, and even metal eyelets in shoes and boots.

Chandler pointed out the signs posted prominently at the courthouse entrance that advised visitors of the things that were not permitted to be brought inside. Keys, chemical sprays, knives, screwdrivers, scissors, and anything else that could be used as a weapon were forbidden, as were the giant safety pins that people sometimes used as key chains. Anyone carrying any of the prohibited items would be sent back to their cars, Chandler said.

Courthouse security was not sure how busy it would be during the trial, Chandler stressed, but people visiting the courthouse for the trial would certainly not be happy if there was a waiting line and they had to lose their place in it because of being sent back to their vehicles to leave contraband items.

“So we're asking everyone to cooperate and not bring those things with them,” Chandler said. “We will work to expedite the process so people can get where they need to go.”

CHAPTER 18

M
ore than a hundred DeKalb County citizens had answered their summons for jury duty. The questionnaires they filled out had helped greatly in winnowing down the number of jurors to a final total of fifteen, both the prosecution and defense agreed. The questionnaires provided almost all the preliminary information needed by both sides, it was agreed, and the pool was divided into panels of twenty-five for further and more detailed questioning in the courtroom. The attorneys on both sides had several points they wanted to cover with each of the potential jurors.

The first, and arguably the most important, of those points concerned the amount of media coverage of the case that the members of the jury had been exposed to. In each group, there were several hands raised by people who claimed they had heard nothing about the case.

Of the others who indicated that they had seen or heard things in the media, they were asked if they thought they could remain impartial, putting any preconceived notions of Karri Willoughby's guilt or innocence out of their minds. Most of them said they felt they could be fair in their judgments, but some said they had relationships with members of the families or with law enforcement personnel. These folks said they were not sure they could remain impartial. They were excused from duty then.

Also excused were several other potential jurors who claimed hardship by way of illness or other conflicts. Then the attorneys addressed a second question, which asked,
Regardless of what the law says, should a person who is accused of a crime be required to prove his or her innocence?

Gardner said that he feared many of the people had misunderstood the question when filling out their paperwork because of the number of them who had indicated they agreed.

Gardner told them that the state had to prove its case, saying that the burden of proof never fell on his client.

“She doesn't have to prove her innocence or disprove any of the state's evidence,” he told them.

DDA Bob Johnston brought up the question of faith, asking if their religious convictions would hinder their ability to pass judgment in the case. He pointed out that in the Bible, it said to judge not, lest you be judged.

“When it comes time to reach a verdict,” he asked, “would your faith hinder you in being able to make a decision?”

No hands were raised.

Next to be addressed was the meaning of the phrase “beyond a reasonable doubt.” Johnston asked the potential jurors if they believed in the term, and only one of the people asked for a definition of “beyond a reasonable doubt.”

Johnston answered that the twelve jurors and three alternates who were the final selections would be receiving detailed instructions from Judge Rains containing the specific laws they were to follow during the trial and deliberations. The legal definition of “beyond a reasonable doubt” would be covered there, he said.

At the end of the day, sixteen members of the jury pool had been dismissed, and Judge Rains called for a one-hour recess before the attorneys began striking their final choices from the jury list.

CHAPTER 19

O
n the following morning, the crowd gathering at the courthouse was every bit as large as expected. Most of the people lining up, hoping for a seat in the courtroom, were women in their twenties and thirties. The press section was filled to capacity, too. There was an air of excitement, with so many of Karri's friends gathered with the happy expectation of seeing her finally acquitted and restored to her loved ones.

The trial was scheduled to begin at nine o'clock in the morning, and Karri Willoughby walked into the courtroom right on time, along with her attorneys and the prosecution. At the sight of so many of her supporters, she was all-smiles, but Karri's smile only lasted for a minute. Then she turned around and looked back at her well-wishers, mouthing, “I'm sorry. I'm sorry.” Her supporters did not understand, and sat there, perplexed, wondering what was about to happen.

Then Judge Rains asked the defense to rise, and the Karri legion got a shock that rocked them to the core.

A veteran reporter was running a bit late getting upstairs to the courtroom, due to the lack of parking around the building, and was waiting for the elevator in the courthouse lobby when the stairwell doors suddenly burst open. Two young men ran headlong through the lobby and out the front doors. They were television reporters from stations in Huntsville and Chattanooga, running for their satellite trucks at breakneck speed.

Then a rumbling noise sounded in the stairwell as a large group of dozens of women came rushing downstairs. As they began to pour through the stairwell door, the reporter saw that they were some of Karri's closest friends and most staunch supporters. They were in tears, sobbing as they ran out of the building, obviously highly upset and looking completely devastated.

“What is it? What happened?” the reporter asked. One of the last women to come down the stairs finally turned and answered.

“She pled guilty,” the woman sobbed as she hurried out of the courthouse.

Five minutes before the trial was set to start, the prosecution had received a signed plea deal in which Karri entered a guilty plea of murder, a Class A felony. Before accepting her plea, however, Judge Rains had several questions to ask, the first being whether or not she had been threatened in any way or offered any sort of reward. She answered she had not. Then the judge asked Karri if she realized that, by pleading guilty, she gave up any future right to an appeal. She replied yes.

“Are you pleading guilty because you are, in fact, guilty, and doing so of your own accord?” the judge asked.

“Yes,” Karri answered.

Judge Rains then asked if she wanted to say anything before a judgment was made, and, surprisingly, she did not. For once, Karri Willoughby had no words.

CHAPTER 20

B
efore his final acceptance of the plea, Judge Rains asked DA Mike O'Dell to present some evidence to support the state's case against Karri Willoughby. It was too bad that so many of Karri's faithful supporters had fled the courtroom in tears prior to the presentation of the evidence that had been compiled against her. However, finally hearing the truth might have been too much for them after Karri's bombshell guilty plea had shaken them to the core.

O'Dell presented a portion of the state's evidence concerning the autopsy results by going into detail about the drugs that were shown to have been found in Billy Shaw's body. There were three drugs present, according to the autopsy; in addition to the propofol, there were also Norcuron and pseudoephedrine. Norcuron is a drug commonly used in lethal-injection executions to paralyze the respiratory muscles and cause breathing to stop. Pseudoephedrine is a common drug available over the counter to relieve nasal congestion.

O'Dell told the judge that Karri, who worked as a training nurse at the Chattanooga Surgery Center, had admitted taking the drugs from the center's education drug box.

“She trained others on how to use the drugs and what they did,” O'Dell said. “She was the sole custodian of that box, which contained the drugs that were found in Mr. Shaw. She had unrestricted access to those drugs.”

O'Dell said that Karri took the drugs and left work around 3:30
P.M.
, going straight to Shaw's house, where she injected him at two single injection sites. She then left, waited about an hour for him to succumb, and then went back to the house and cleaned up the evidence of what actually had happened. She next placed her distraught call to 911.

When the injection sites were noticed and commented on, Karri claimed that Shaw had recently had blood work done. A check of all the medical facilities and offices in DeKalb and Jackson Counties, Alabama, and Dade County, Georgia, showed that Shaw had not been treated anywhere since January 2008. No claims had been filed for blood work with his insurance company.

The prosecution continued, providing Judge Rains with enough similar evidence of Karri's means, motive, and manner of causing Shaw's death to satisfy his request, with much more that would be released later. The judge accepted the plea deal and passed sentence. Karri would spend twenty years in the state penitentiary, and would have to serve at least 85 percent of her sentence before being eligible for parole.

Her defense attorney Bruce Gardner asked the judge if Karri would be allowed to have a visit with her children before being transferred to prison. The prosecution and the sheriff both agreed that she could. A special area would be set up at the jail for the visit, the sheriff said, and Karri would get to see her little son and daughter for a short time before leaving the DeKalb County Jail on her way to the state penitentiary.