Introduction - Pg. 6: The State of Louisiana vs Thomas Rhuel Spell: Thursday, August 10, 1978

“Tommy Spell”.
The State of Louisiana 15th Judicial District Court

Versus Parish of Acadia

Thomas Rhuel Spell State of Louisiana

NUMBER 32,080
Crowley, Louisiana

Thursday, August 10, 1978

Honorable G. Bradford Ware, Judge, Presiding

APPEARANCES:

FOR THE STATE:

Robert Cline, Assistant District Attorney
Crowley, Louisiana

Jack Derrick Miller
Assistant District Attorney
Crowley, Louisiana

FOR THE DEFENDANT:

Nolan Edwards, Attorney at Law
Crowley, Louisiana


INDEX TO WITNESSES
PLANTIFF’S

Broussard, Anthony J.
Direct Examination
Cross Examination
Redirect
Recross
Redirect
Recross
Redirect

BROWN, Audrey
Direct Examination
Cross Examination
Redirect (recalled)
Recross
Redirect

BROWN, Rosie Lenore
Direct Examination
Cross Examination
Redirect
Recross

BROWN, Walter M.
Direct Examination
Cross Examination

DAILEY, Clayton John
Direct Examination
Cross Examination
Redirect

Dennison, Leland
Direct Examination

GOSS, KENNETH
Direct Examination
Cross Examination
Redirect
Redirect (recalled)
Recross
Redirect (recalled)
Recross



¬PLAINTIFF’S WITNESSES cont’d

GOTTE, Norma Fay
Direct Examination
Cross Examination
Redirect

HARMON, M.D., Alfred Eugene
Direct Examination
Cross Examination

HOLLIE, Brian
Direct Examination
Cross Examination
Redirect
Recross
Redirect (recalled)
Recross

JAMYSON, Bryan
Direct Examination
Cross Examination
Redirect
Recross

LEBLANC, HELEN
Direct Examination
Cross Examination
Redirect

LELEUX, GLENN DALE
Direct Examination
Cross Examination
LETZ, John Paul
Direct Examination
McMANUS, MD, Robert
Direct Examination
Cross Examination
Redirect
Recross
MEAUX, Joseph R.
Direct Examination
Cross Examination
Redirect

MOORE, Larry
Direct Examination
Cross Examination

NICKEL, Milo
Direct Examination

RICHARD, Lt. Guilford
Direct Examination
Cross Examination

RIVET, MD, James Robert
Direct Examination
Cross Examination
ROBBINS, Louis
Direct Examination
Cross Examination
Redirect

ROYER, A. J.
Direct Examination
Cross Examination
Redirect
Redirect (recalled)
Recross
Redirect

SPELL, DEBRA
Direct Examination


INDEX TO EXHIBITS

STATE’S

S-1 Birth certificate of Ricky Mire
S-2 Death certificate of Ricky Mire
S-3 Man of the city of Crowley
S-4 Photograph of the deceased
S-5 Cleco bill
S-6 Sales slip from Leonard’s hardware
S-7 Photographs of the deceased
S-8 Belt
S-9 Photographs (3)
S-10 Photographs (4)
S-11 Disallowed
S-12 Disallowed
S-13 Disallowed
S-14 Disallowed

DEFENDANT’S

D-1 Flex (pipe)
D-2 Sketch


BY THE COURT:
Is the State ready to proceed?

BY MR. MILLER:
Yes, Your honor.

BY MR. EDWARDS:
We move for a transcription of all statements, the defendant moves for a transcription of all statements, all arguments, all words from here on out.

BY MR. MILLER:
Move to have the indictment read, Your Honor, and the defendant’s plea.

BY THE COURT:
Do you have the record?

BY MR. DAIGLE, DEPUTY CLERK OF COURT
Number 32,080, State of Louisiana versus Thomas Rhuel Spell. Indictment Charge: Second degree murder. Signed, Ernest Trumps, Foreman of the Grand Jury. Filed July 28, 1977. Signed, Mark Meyers, Junior, Deputy Clerk of Court.

State of Louisiana, Parish of Acadia. In the name and by the authority of the State of Louisiana: The Grand Jurors of the State of Louisiana, duly empaneled, sworn and charged to enquire within and for the Parish of Acadia, State aforesaid, upon their oath do present that Thomas Rhuel Spell, at the Parish of Acadia on or about the twelfth day of November, in the year of our Lord, One thousand Nine Hundred and Seventy-five (1975), did commit second degree murder of Ricky Mire, in violation of L.R. S. 14:30.1, contrary to the form of the statute of the State of Louisiana, in such cases made and provided and against the peace and dignity of the same. Signed, Robert D. Cline, Assistant District Attorney, Fifteenth Judicial District of Louisiana. BY MR. MILLER:

Your Honor, this is a murder trial on second degree murder statute which was in effect in 1975. I don’t know if the Court has a copy of that particular statute.

BY THE COURT:
I looked at it this morning.

MR. MILLER:
It is an allegation that Thomas R. Spell – seated to Mr. Edwards’ immediate left – killed Ricky Mire, a citizen of this parish, resident of this parish, sixteen years old.

The killing occurred in this parish, on the Kings Addition Road, in a dried –up irrigation canal. This happened on November 12, 1975, many, many months ago.

The Court is going to hear the testimony of the witnesses which pinpoints the place - - will place the defendant in the area where the victim was walking; will place the defendant in the area where another witness, by the name of Tony Broussard – the man we have charged in this jail - is going to testify as to what occurred.

After Tony Broussard got off of work – he worked at the Galloping Jugs, an establishment in Lafayette – he got off at about three o’clock and drove to Crowley, went to his grandmother’s home – who lived in South Crowley – stayed there for a while, ate a sandwich, began to leave. He was going to go to his girlfriend’s house, Mary LeLeaux – she is married and her name is Mary Venable; he had a daughter, or he was raising a child with Mary – and on his way over there, the car followed him. It was the defendant, Thomas Spell, who had him pull off to the side of the road, asked him if he could, if Tony could take him somewhere; got in the car. Right when they started to go they saw Ricky Mire walking by, so they pulled off - - He said pull off to the side of the rode, so he pulled off to the side and he got out – I’m talking about the defendant. He went over to the Mire boy, talked to him; they both got in the car; Mire sat in the middle, Tom Spell sat on the dri - - passenger side. They drove off, drove off to the Kings Addition Road, went down the road approximately two miles. At the end of that road the dry irrigation canal was on the right. Ricky Mire got out the car, Tommy Spell got out the car. They started walking over the levee, into the canal Spell asked Tony Broussard let me see your keys; took the keys, went in the back, opened the trunk and pulled out a tire tool. He followed Ricky Mire; he went out into the canal. Tony Broussard walks up to see what was going on – if anything. He peers over - - peeks over the edge; he sees Spell pushing Ricky. He turns around and he walks back and sits in his car to leave – he didn’t have the keys. He waited about eight or nine minutes, maybe ten minutes. Spell returns without Mire. Spell gets in the car. Tony Broussard said what about Ricky? Don’t worry about Ricky. He turns on the radio loud. Tony Broussard drives him back to his car. Before he gets out of the car he says, you’d better not say anything if you know what’s good for you. Broussard knows that he has something; he thinks he heard the tire tool on the side when he got in the car. He didn’t look at him; in fact, he was scared.

We’re going to see Tony Broussard take the stand. He’s scared to death; he’s been scared. He has got some effeminate qualities. He’s not the caliber witness that you would make a confession to – he’s not a priestly type, but he has been around.

The questions that arise are, number one: why did this happen between the defendant and Ricky Mire; and number two, why did it take so long to solve? Those are the two important questions that the Court is going to be wondering about. One of the reasons is because Ricky Mire, unfortunately – and I hate to say this – is a homosexual. We’re going to introduce testimony that Ricky Mire was having an affair with Tommy Spell. We’re going to seek to introduce testimony that the reason Tony Broussard could not testify is because he was scared, scared for a long time; scared of going to jail, scared of getting blamed for it, scared of Tommy Spell or his family. He was afraid for his girlfriend, afraid for his daughter.

But once he was placed in jail – he was arrested by us on another charge – once he was placed in jail, found he didn’t have anything to be scared of; what worse could somebody do to a person than put him in jail or kill him. And, of course, the charge he was arrested for there was no capital punishment. Maybe it’s the capital punishment for the charge Tommy Spell is charged with. So he had nothing to be scared of. After a few months, what do I have to lose? My girlfriend is married to somebody else; I might as well come straight. They’ve questioned me dozens of times, they know I’m lying. I know I’m lying. I might as well get the record straight.

So he told the story, told his story, and that’s why we’re here today. I’m going to put Tommy Spell in the area, we’re going to put Tommy Spell in his intoxicated condition, as he was; not just with Tony Broussard, not just through his testimony. And the Court shall have no trouble in determining this man is guilty, is guilty of second degree murder of Ricky Mire. It happened here in Acadia Parish, Your Honor. We’re going to introduce other evidence, Your Honor, to corroborate out contention.

BY MR. EDWARDS:
The defense will waive an opening statement.