Published: January 26, 2007 09:27 pm

Video clips excluded in Feb. 6 murder trial

Clay’s psychiatric records admitted

By BEN FIELDS - The Independent

CATLETTSBURG — Video clips from the “Faces of Death” series found in the possession of an accused killer will not be allowed as evidence at the man’s trial, a Boyd County judge ruled.

Timothy Scott Simpson, 23, is scheduled to stand trial Feb. 6 for the 2006 murder of Faith Kristen Fields Clay, a 28-year-old Flatwoods woman who was found dead of a gunshot wound in Simpson’s Ashland apartment.

Simpson’s attorney, Michael Curtis, recently filed several motions to suppress certain evidence, including the video clips found on Simpson’s computer.

“Faces of Death” is a series of videos that show strange and gruesome deaths caught on camera. Some of the footage from the films is faked, and some is real.

In his ruling Thursday, Judge C. David Hagerman noted that the clips found on Simpson’s computer lack relevance, and are impermissible as character evidence because Simpson hasn’t introduced any such evidence “on his own behalf to place his pre-disposition as to peacefulness or violence at issue.”

However, Hagerman denied attempts to suppress statements Simpson allegedly made to police about firing a .9 mm pistol inside and outside his residence before Clay was shot.

Police allege this is the same weapon Simpson used to kill Clay.

Authorities allege Simpson fastened an empty Mountain Dew bottle onto the barrel of the gun with duct tape to fashion a silencer for the weapon.

Police found green plastic shards from the bottle and duct tape in garbage cans outside Simpson’s garage apartment, as well as shell casings beneath the deck of the adjacent house.

Curtis sought to have this evidence suppressed, arguing that the garbage cans didn’t belong to Simpson, but his mother, and therefore the seizure of such items violated the search warrant for Simpson’s apartment.

But Hagerman ruled anyone throwing an item in the trash has intended to dispose of it, and has given up the right to privacy concerning that item.

He also noted that the areas searched were within the scope of the warrant issued.

In addition, Hagerman quashed a request for individual interviews with potential jurors rather than asking questions of the entire jury pool in the selection process — referred to as voir dire. Individual voir dire — which is only required in capital cases — tends to take a much longer period of time to complete.

Curtis stated he requested individual voir dire because of the amount of pretrial publicity the case has received in the media.

Hagerman responded by writing “This court has tried many, many criminal cases which have received more extensive pretrial publicity than (this case) and is well able to utilize a number of measures to secure an impartial jury without dragging jury selection out for three days.”

The judge did allow the defense to have access to psychiatric records pertaining to treatment or counseling Clay received at Pathways Inc., a local substance-abuse treatment center, saying “they are relevant and good cause exists for the disclosure of said records to defense counsel.”

It is unclear if the defense plans to use those records as evidence at trial.

Simpson was recently indicted by a Boyd grand jury on a count of child pornography, relating to a video clip police allegedly found on his computer.

Commonwealth’s Attorney David Justice has said the charge is not related to the murder case, adding he plans to prosecute Simpson at a separate trial on that charge.

Today, we went to the bank this morning and created a 7 month %5.07 interest CD for $5000 that I will use next year to pay for a semester at school. It will be for the January tuition. Then, we opened an investor's account that has a 4.4% interest rate and we can close at anytime. The minimum amount if $10,000 in order to keep it open and we made it for $15000. I calculated it out, and by this time next year, we will have made $910 in interest, not counting the money that we are allowed to put into the investor's account at anytime.

We are going to save up money for Jeremy's new car and we are going to pay for first semester too at school. And we have to pay another $1000 on Jeremy's Transy good faith loan.

I've been watching the Suite life of Zack and Cody. the disney channel is having a marathon.

I ended up not going to the doctor. It hurt really bad that night while I was trying to go to sleep but then when I woke up in the morning, it was gone. The pain came back though, like at 3 in the afternoon. But it was after I was already home/ But it's gotten alot better and only hurts alittle bit.

I've been working out almost everyday since school started and it may be that I'm just stressed my body out a bit. Anyways, this morning I was trying on my jeans that are too small for me to wear and I tore them. That makes me sad.

I finally got my check from Louisville. I think tomorrow morning Jeremy and I are going to BBandT to discuss CD and high interest savings accounts. I hope the person that deals with us are helpful or I might be bitchy. The girl was really rude to me when I went to get my thing notarized and then when Jeremy stopped by today to deposit the check, the lady was completely incompetent.

I think that I am going to go to the clinic tomorrow for my tummy. It really hurts.

It hurts enough for me to have gotten nothing done tonight.

I hope it is cool with everyone, but I made this author only read. But if you want me to change it or want to let specific people read it, let me know and I can arrange it. I just need their email address.

I think tomorrow Katie is going to visit. I hope that goes well. I haven't seen her since August at Celeste's wedding.

I got alot done today. The major of things on my list to do. I still need to write a 1 page reaction paper for a movie that I watched, read a chapter for kinetics and write a rough draft consult. I also need to watch a lecture on bb and figure out the readings for pharmacology next week. I may get started on them early tomorrow. I think we are going to take Katie out to dinner or lunch tomorrow.

In other news, I got invited to be in Rho Chi, the honor society for pharmacy students. I'm really excited about it. They only accept the top 15% I think of the class and I knew that I would get in because I have a 4.0 but it was still really nice to get that letter in my mailbox at school. The only bad thing about it is the reception is at Spindletop Hall. Last time I went there, the food sucked.

I wish that school would go by faster. I wish is were summer time. I found out the starting pay for CVS 3rd year interns is $13. that's pretty good. I hope that I can get a decent amount of hours this summer but I guess it's cool if I can't.

Thursday night we went out with pharmacy friends. it was a party of 10 and I only think two other people at the table left a tip. It REALLY stressed me out. badly.

Lately, I've been feeling sick to my stomach, like everyday. I don't know what's up. and it comes in waves. Like I usually feel sick during my 8 am class and then I'm fine until 4 when I feel like crap again. I don't know.

:D

Put them together....

ap Brha Crs!

Hpy itdy hi!!!!!!!

I haven't updated in awhile, so I guess the time is now.

I got through a week of school. I think this semester will be by far the hardest. We have sooo much stuff to read; it is just outrageous. And to make sure that we are keeping up in our reading, we have quizzes everyday. that's some craziness.

Tomorrow I have the day off. At Transy, we never got the day off but UK is different. I guess it's good because I can use tomorrow to catch up on reading. I have about 50 more pages of kinetics to get through and then about 20 pages of pharmacotherapy. not to mention all the lab crap that I need to get through.

This weather has been pretty crappy. I guess that I have no reason to complain considering that we haven't had any snow or ice or anything. But I have a serious drainage issue from all this wet weather and it is making my throat hurt so I am going to complain.

Don came over yesterday and we watched the last Harry Potter movie. He is dropping out of the PhD program to go take a job down in Texas with an oil company. I hope he likes it down there. That is where he is originally from.

I got a job for this summer at CVS for sure. I start training I think in March or something so that's cool. I need to find out the pay though.

The man that is being charged with Faith's murder was also charged yesterday was several counts of child pornography. go figure.

cross your fingers that I am productive tomorrow.

Here's a horrible thought that I had today and it was one of those things that when I realized I was thinking it, I was completely bewildered. Is it horrible to wish that bad people never have children? not bad people, but people who smoke and drink and have unprotective sex and who can't pay their bills on time and have crappy jobs and can't afford medical insurance and don't have their lives together at all? is that horrible to want a child to never be born rather than be born into a life that in my opinion is crap? I want to have kids but I want to wait until I'm ready. when I'm out of school and have money saved up and I know we can give our kids the life they deserve. we would deal with it if we got pregnant now,but that's why we use protection, so we won't have to. it's not fair that people who are actually ready to be pregnant can't.

would I want Faith to have never had her kids?

I don't know. I don't know what I'm thinking.

Can anyone guess what I got in the mail today? Thanks, Virginia and Jeremy. (that can be used as a hint)

One more couple...

So, the two people who are on the blog who aren't married are now engaged.

To each other.

Chris and Lissa if you haven't figured it out.

Congradulations!

Happy New Year everyone. I was goign to post a year review but I only got through last Jan and gave up. I post alot. so, if you want a review of the past year, you'll have to go back and look yourself.

Haley is going home today. I think Perhaps is happy about it. Halley actually has more energy and about a 10 pound advantage on her and it has been wearing Perhapsy down.

Uof L won AND Taylor Hicks played last night! that's exciting.