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Post Info TOPIC: Hailey indicted with two counts of capital murder


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RE: Hailey indicted with two counts of capital murder


annarocket wrote:

Yeah,I got it to work all right.

You know,I'm not as qualified as some of you guys are to state the facts in the Butts case but I really wish everyone could get on the same page and not be harassing each other.Not naming any names,of course.  evileye





No need too!!!!   I'm just so sick of it truely.  So if I decide not to post whats going on ahead of time, I will let you know after the hearings.   I'm sure you understand that.



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Itsy Bitsy


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I'm thinking there might be a way we can post this for specific members.I'm not sure,I have to look at the Administrator's Panel.I will call you on Sunday or Monday when I figure it out.  evileye

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Ok Anna just let me know or leave a message here .  If the baby comes you have my cell number don't you?  Cuz she has already stated I will be there till she checks out.  I will see if I can pm you with the cell number. 
                                                              Sweetie Pie


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Itsy Bitsy


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I got the number and I'm going to call you later tonight or tomorrow so we can talk about some stuff re:Hailey and also the BABY!!!!biggrin

Love/miss ya.


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Well not yet , we are still waiting...... If not before they will take him by July 11th.  And hopefully my other grandson will be here by the end of July also.  That would make us all very happy!!!!! biggrin  I just got your message on my cell I will call you when  it isn't in the middle of the night....lol
                                                       SP


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Itsy Bitsy


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Sounds good,just keep in touch however you can.   evileye

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I have a favorite site that I usually visit daily and found this link to Gerri's memorial and also the girls and thought I would share it

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=8088658

Please take a moment to visit and leave a token for them.


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Enigma,thank you for that link. I think it has been a long overdue unprosecuted case when the evidence is so cut and dried clear.

RIP Gerri,Jessica and Macky D.
Forever Loved and Missed


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Yes Anna I know about the findagrave the little story's with each name were written by me.  It has been awhile since I have been there obviously but thanks Egnima for posting the link again.  I did try to call you Anna and got a recorder , will try again soon you know it's been pretty busy around here lately.  My son's fiance and son should be here about the 6th and they will get married asap because he is due to be deployed again on the 28 so she will be living just right down the hill for at least the 6 months (if they don't extend it) that he is gone.  I will have all my grandbabies here!!!!!!! biggrin  Call me back on the house phone if you like the bad storms took out my phone for a bit but it is working again now. 

-- Edited by lilangel at 03:40, 2008-07-26

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Lilangel


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I'll definately do that I have some stuff I need to talk to you about. evileye

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Hailey might face capital murder trial in Bowie County
Prosecutors are seeking death penalty in 1992 triple homicide

Texarkana Gazette
08/02/2008

A Cass County man accused of committing a triple homicide in Atlanta, Texas, in 1992, may face a jury of Bowie County citizens.

Documents filed by the lawyers involved in the case reference a meeting between them and presiding District Judge Ralph Burgess where Bowie County was selected as the site for the capital murder trial of Michael Kevin Hailey.

The meeting was conducted in the judges chambers, not in open court.

Cass County prosecutors are seeking the death penalty for Hailey as punishment for his alleged killing of a woman he once dated and her two young daughters. Hailey is accused of strangling Jerri Faye Butts on a sofa in her Atlanta, Texas, mobile home on Jan. 27, 1992. Her youngest daughter, 3-year-old Mackenzie, was found drowned in the bathtub in a few inches of water.

Eleven-year-old Jessica was found lifeless on her bed with a telephone cord wrapped around her neck. She was sexually assaulted following her death, according to investigators.

Hailey was indicted last August. In October 2007, he was brought to Texas from Angola prison in Louisiana where he was serving a sentence of 87 years without parole for an attempted murder in 2004. Hailey was convicted of stabbing a man who tried to break up a fight.

Hailey entered a plea of not guilty to a single count of capital murder in December. Under the law that prevailed when the murders occurred, prosecutors were only able to levy one capital murder charge against him, District Attorney Clint Allen said previously.

Hailey has not appeared at a pretrial hearing since February.

In March, Burgess filed an order asking for the appointment of another judge to determine whether Burgess should be disqualified from presiding over the case.

Burgess once worked as a lawyer in the Texarkana firm of Patton, Haltom, McWilliams and Greer that represented a defendant in a lawsuit filed by Haileys father, Jerry Hailey.

Jerry Hailey was a Cass County sheriffs deputy when his son was first questioned about the Butts triple homicide. Jerry Hailey was later fired amidst accusations he attempted to influence the investigation on his sons behalf.

Jerry Hailey then sued the Cass County Sheriffs Office and several media outlets that had reported on his alleged misconduct. Two lawyers from Burgess old firm, George McWilliams and now Federal Magistrate Judge Caroline Craven, represented television station KTBS. KTBS was sued because it ran an episode of A Current Affair about the murders that included allegations of misconduct by Jerry Hailey.

Burgess order notes that he did not assist with that case and was not privy to any information that could bias him as judge. Burgess wrote that he did not believe grounds for his disqualification exist.

In April, District Judge John Miller was appointed to decide the issue of whether Burgess should preside over Kevin Haileys trial. On May 22, Miller ruled Burgess need not be disqualified.

Burgess has scheduled Kevin Hailey for a pretrial hearing Aug. 22.

Numerous motions that have been filed by Kevin Haileys defense attorneys will be addressed at the hearing. Among them is a motion requesting the court limit the media from taking photos in the courtroom or courthouse as well as banning sketch artists from the courtroom. Haileys lawyers also want Burgess to tell the media it cannot publish the names of witnesses until after they have testified.

Mitchell Collins and Bryan Simmons of the Collins firm are representing Kevin Hailey.

They also want permission from the court to conduct discovery into the less auspicious aspects of the reputation of the deceased, Gerri Faye Butts. If Hailey is convicted and if the state plans to introduce victim impact testimony from the families of the murder victims during the punishment phase of the trial, Haileys lawyers will have to take steps to diminish the worth of Gerri Faye Butts life in an attempt to preserve Kevin Haileys, the motion said.

Collins and Simmons also want the state to identify which parts of Kevin Haileys statements to police in 1992 it plans to use against him at trial.

Hailey is being prosecuted by the Cass County DAs office and Lisa Tanner, a lawyer with the Texas Attorney Generals Office.

Lawyers with the defense and prosecution are prevented from commenting about the case because of a gag order Burgess issued last year.

http://www.texarkanagazette.com/news...trial-i-45.php


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Lilangel


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Third lawyer added to defense team in triple slaying


Posted: 23 Aug 2008 10:27 am    Post subject: Texarkana Gazette Saturday August 23,2008
· Quote· Edit· Delete· IP

Third lawyer added to defense team in triple slaying
Hailey faces death penalty if convicted of 92 homicides
By: Lynn LaRowe - Texarkana Gazette - Published: 08/23/2008


Staff photo by Evan Lewis Kevin Hailey is escorted into the Cass County Courthouse Friday morning for a pretrial hearing. Hailey is facing capital murder charges in the 1992 Butts triple homicide. Fifth District Judge Ralph Burgess allowed the defense to appoint a third lawyer to Haileys defense team. LINDEN, TexasAttorneys representing the man accused of killing a woman and her two young daughters in their Atlanta, Texas, mobile home in 1992 asked the judge to approve the appointment of another lawyer to help with the defense.

Michael Kevin Hailey, 40, is facing the death penalty if found guilty of committing the 1992 murders of Jerri Faye Butts, 29, and her daughters, Jessica Butts, 11, and 3-year-old Mackenzie Sullivan Butts.

Friday morning, Haileys lawyers, Mitch Collins and Brian Simmons of the Collins Law Firm, asked Fifth District Judge Ralph Burgess to  appoint another lawyer to Hailey's defense team as a mitigation specialist.
 If Hailey is convicted, the mitigation lawyer will attemp to convince the jury to spare his life.  Evidence that might lead a jury to choose life in prison reather than death by lethal injection wil be collected and argued by the mitigation lawyer.
 Burgess tentatively appointed Tyler, Texas, attorney Lawanda Lacey to fill the role.  Her name appears on a short list of area attorneys certified to litigate death penallty cases in Texas.
 Burgess also ruled on several other pending defense motion for discovery that listed more than 60 requests for evidence from the state.  Hailey is being prosecuted by Cass County District Attorney Clint allen and Lisa Tanner of the Attorney General's Office.
 Discovery refers to the sharing of evidence by the state with the defense that could be used against a defendant at trial.
 Allen told Burgess that a great deal of discovery has alread been povided to Collins and Simmons a port of the state's "open discovery policy".
 Allen handed the defense lawyers a large expandable folder filled with documents before the hearing ended Friday morning.
 Burgess ruled several of the requests bu the defense were overbroad, including one that asked the state to reveal which portions of any statements given by Hailey the state intends to use at trial.  Burgess ruled that being provided copies of any statements would be sufficienct.
 If the defense were to be made aware of which parts of Hailey's statements a jury might hear,the prosecution's trial strategy might be revealed, Tanner argued.
 A mothion for discovery on the "less auspicious aspects of Jerri Faye Butts," was also addressed.
 The defense wants the state to reveal anything if knows about alleged drug dealing or drug use on the part of Jerri Faye Butts.  Earlier news reports indicate Jerri Faye Butts may have sold small amounts of marijuana to supplement her income.
 Allen told Burges the state would be given access to any such information.
 Burgess did not schedule a date for a future pretrial hearing in Hailey's case.
 Hailey is accused of strangleing Jerri Faye Butts on a sofa in the home she shared with her daughters.  Mackenzie was found drowned in the bathtub in just a few inches of water.  Jessica was found strangled on her bed.  A telephone cord with the phone still attached was wrapped around her neck.  Autopsy reports concluded she was sexually assaulted following her death.
 Hailey is currently being held in the Cass County Jail.
 In 1993, Hailey was no-billed by a Cass County grand jury for the murders.  Allen previously stated tht more advanced science made that current indictment possible.
 But in 1993, many in cas County believed Hailey had gottn away with murder beecause his father was a deputy with the Cass County Sheriff's office.
 He was convicted in 2004 of nearly killing a man who tried to stop him and another man from fighting in Louisiana.  for thqt crime, he was already serving 87 years without parole at Angola prion in Louisiana when he as indicted in Cass County last August for capital murdre.
 HIs trial date in Cass County has not been set.
aV8p2Dr.jpg 


http://www.texarkanagazette.com/news...m-in-tr-20.php


-- Edited by lilangel at 10:34, 2008-08-23

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Lilangel


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RE: Hailey indicted with two counts of capital murder


One would think after 16 years , 6 months and 27 days they would learn to spell Gerri's name correctly........furious
                                      lilangel


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Lilangel


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As far as the Moulton Case i will keep you informed but right now Gerri , Jessica , and Mackenzie is the one they are working on first... 
                                               lilangel

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Lilangel


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[spoiler]  This month marked the birthdays of Jessica on the 27, she would have been 28 this year., and Gerri Fayes today she would have been 45.  They can now rest with the angels because Justice is finally being done.  And her dear friends will be there to see it done. 

                                                   Donna

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Lilangel


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Thank you Donna for the update. Josh and I were just talking about this and wondering if Kevin was enjoying his stay in Texas.Who says you can't go home? biggrin

I was a bit worried about the storms getting to you all,I tried to call and couldn't get through.But I think you were just busy.And remember when I had my little chat with the editor at the Gazette? Good grief,that was so dang funny.It still puts a smile on my face. Keep up the good work. We love ya,girl,and support the Butts' family.  evileye


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No Anna we didn't have any power or phone , it showed busy but we just didn't have anything. Ours went out at 3:30 Sat. and everyone else lost theirs around 6:00 ish.....
Yes the Editor thing puts a smile on my face too!!!!!  That was tooo funny.  I bet her family caught heck that night.....lmao.... 
I felt really bad the electric was out and I couldn't acknowledge Jessica's Birthday until it was late.  I made it in time for Gerri Faye's. 
                                                              lil


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Lilangel


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I'm glad to hear you and yours are all a-ok. I sure was worried for a while there.

As for Haley...well,you know what they say.Every thing you do eventually comes back to you and I honestly believe with all my heart that he killed Gerri,Jessica and Macky D. You know what they say about karma,Kevin! And karma's been waiting a long ass time for it's date with you.  evileye



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annarocket wrote:

I'm glad to hear you and yours are all a-ok. I sure was worried for a while there.

As for Haley...well,you know what they say.Every thing you do eventually comes back to you and I honestly believe with all my heart that he killed Gerri,Jessica and Macky D. You know what they say about karma,Kevin! And karma's been waiting a long ass time for it's date with you.  evileye





Amen sister!!!!!



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Lilangel


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Texarkana Gazette        12/12/08


Date set for Hailey triple murder trial Published: 12/12/2008 Kevin Hailey, charged years after the gruesome slayings of Gerri Faye Butts and her two young daughters in Cass County, will go to trial for their murders Sept. 14 in Nacogdoches County, Texas, a judge decided Friday. Judge Ralph Burgess of the 5th District, which includes Bowie and Cass counties, said he will set aside seven weeks for Haileys jury selection and trial. The case will be heard in Nacogdoches County because of concerns Hailey could not get a fair trail because of publicity about the long-running case in the ArkLaTex. Hailey currently is serving a sentence in Angola State Prison is Louisiana for attempted murder. For more details, see Saturdays Texarkana Gazette or, for online subscribers, texarkanagazette.com.


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Itsy Bitsy


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However since the Butts case won't be featured here I guess i was just personally letting YOU know . 
                                         Donna

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Hailey to face Nacogdoches jury in slaying of Atlanta family

Hailey.jpg
Staff photo by Tanner Spendley Michael Kevin Hailey steps out of a Cass County Sheriffs Transportation van on his way to court inside the Cass County Courthouse Friday. Hailey is accused of killing an Atlanta woman and her two daughters in 1992.
LINDEN, TexasThe man accused of killing an Atlanta woman and her two daughters in 1992 will face a jury of Nacogdoches County citizens in September of 2009.

Fifth District Judge Ralph Burgess tentatively scheduled Sept. 14 for selection. Michael Kevin Hailey, 41, is facing the death penalty if found guilty of committing the 1992 murders of Jerri Faye Butts, 29, and her daughters, Jessica Butts, 11, and 3-year-old Mackenzie Sullivan Butts.

As I mentioned in chambers, I want to make sure we have enough time for the mitigation specialist to finish their work and enough time for the crime lab to finish those tests,: Burgess said .  "that trial setting gives us 10 months."
In August, Burgess appointed Tyler, Texas attorney Lawanda Lacey to fill that role.  If Hailey is convicted, the mitigation lawyer will attempt to convince the jury to choose life in prison rather than death by lethal injection will be collected and argued by Lacey.
  "I do know the defense is going to be doing some testing," Collins said .
"However, at this time, given that it is gaing to be done at private crime labs, it can probably be done within 60 to 90 days."
  the brief hearing did not address a bevy of pretrial  motions the defense filed earlier this year.  A date for a subsequent hearing wasn't set though Burgess did meet with the lawyers in his chambers afterward.
  Located in far east Texas, Nacogdoches County is about two hours from Cass County.
  Hailey's case is being prosecuted by cass county District Attorney Clint Allen and Lisa Tanner, a special prosecutor from the Texas Attorney General's Office.
In August 2007, Allen announced that Hailey had been indicted for the second time in connection to the Butts triple homicide.
  A grand jury seated in 1992 declined to indict Hailey despite claims hair and DNA evidence linking him to the crime existed.  In December 1992, members of the Hailey and Butts families were guests on Maury Povich's TV talk show, "The Maury Show." Hailey's mother , Kathey Weaver, denied her son was a killer on national television.  She is serving a 60-year sentence in Texas for the murder of her husband.
  The victims were found dead in their Walnut Street mobile home on Jan, 27, 1992.  Gerri Butts was found strangled on the living room couch.  Jessica Butts was found on her bed, a telephone cord with the phone still attached wrapped around her neck.  She wore only a T-shirt and was found to have been sexually assaulted after she was killed.
  Mackenzie Butts was discovered face down in the bathtub.  She drowned in less than 3 inches of water.  Pubic hairs found in Jessica Butts' bedroom and on some matted material stuck to her toe were identified as belonging to Hailey.  One of the pubic hairs found on Jessica Butts' comforter had an egg sac from body lice attached.  A sample of pubic hair taken from Hailey on Feb. 11, 1992, showed he was infected with body lice .  Samples of head hair taken from hailey also matched hair found in the Butts home.
  Hailey claimed he must have left the hairs in the Butts house during prior sexual encounters with Gerri Butts that he said occurred about three months before the family was found dead.  Gerri Butts is described in court documents to have been a person who washed sheets weekly and routinely cleaned house.  Hailey was 24 when the murders occurred.  He has been serving a  sentence of 87 years without parole for an attempted  murder in 2004 in Louisiana's Angola prison.  Hailey stabbed a man who was trying to break up a fight.  He was transferred to the Cass County jail after his indictment in Cass County.

http://www.texarkanagazette.com/news/localnews/2008/12/13/hailey-to-face-nacogdoches-jury-in-slayi-38.php


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RE: Hailey Trial Slated


Citizens Journal   December 14, 2008

Journal Staff Report

A trial date has been set for Michael Kevin Hailey for the charge of capital murder.
 Hailey is being tried for the murder of Gerri Faye butts and her two daughterters, Jessica and Mackenzie.
 The trial has been moved to Nacogdoches County and will be held beginning Sept. 14, 2009 and concluding at the end of October.


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Itsy Bitsy


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RE: Hailey indicted with two counts of capital murder


Thank you for letting us know when the trial date is set for!

Sweetie Pie wrote:


Citizens Journal   December 14, 2008

Journal Staff Report

A trial date has been set for Michael Kevin Hailey for the charge of capital murder.
 Hailey is being tried for the murder of Gerri Faye butts and her two daughterters, Jessica and Mackenzie.
 The trial has been moved to Nacogdoches County and will be held beginning Sept. 14, 2009 and concluding at the end of October.







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Citizens Journal, Sunday, December 21, 2008


                    Weaver files for habeas corpus writ


By MARTI ALEXANDER Journal Editor
In response to a writ of ha­beas corpus application filed by Mary Katherine "Kathy" Weaver, the Court of Criminal Appeals of Texas is request­ing additional information be­fore any decision is made on her application.
Weaver was convicted of murder on Nov. 8, 2005 and sentenced to 60 years in prison for the Dec. 13, 2002 death of her husband, John Michael Scott, who died as the result of a gunshot wound to the head.
The Sixth Court of Appeals affirmed her conviction on April 20, 2007 and Weaver filed the application for a writ of habeas corpus in Cass County District Clerk's Office
in August 2008.
In her application for ha­beas corpus, Weaver con­tended several factors that resulted in her imprisonment for murder.
Those factors included that her trial counsel, attorney Doug Mulder of Dallas, ren­dered ineffective assistance by failing to fully discuss a plea bargain offer with her, failing to fully discuss the de­cision to have her refrain from testifying on her own behalf during trial, and failing to re­quest a competency hearing and have her evaluated by a psychologist, according to an order issued in the Court of Appeals on Oct. 29 of this year.
Please see WEAVER page 6
WEAVER
continued from page 1
Weaver also said that the trial court failed to ef­fectively cross-examine witnesses, including in­vestigating and cross-examining her ex-hus­band regarding their his­tory of domestic vio­lence, specifically the details of the two indict­ments about which he was called to testify.
Also, Weaver claims the trial court failed to present character evi­dence, specifically failing to call her sister to tes­tify and failing to investi­gate forensic evidence.
The order states, "Ap­plicant has alleged facts that, if true, might entitle her to relief" and "In these circumstances, additional facts are needed."
All allegations made by Weaver in the appli­cation'will be investi­gated by the trial court and those results will be submitted to the Court of Appeals before a deci­sion is made on Weaver's application.
The order states that Weaver's application is being held until the trial court has resolved the fact issues. 


             Sweetie Pie



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Kathy Weaver


I mean has this woman seriously lost her mind? She wanted the high priced , high publicized lawyer and she got him and now she is still bitchin.  Well sorry folks the facts are the facts she killed her husband which makes her what??? A murderer.  So as far as I'm concerned she is where she belongs.  The poor Scott family has to go through this again , what date was their family member killed ?    Dec. 13, 2002.  Talk about salt in the wounds.   
                                                    Sweetie Pie


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Itsy Bitsy


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RE: Hailey indicted with two counts of capital murder


This is the first time I've see in it [see tech issues post] anywhere,my internet and phone are our completelely.

I honestly don't know who to feel worst for.This is all the way just a misscarraigage of justace no matter how you look at it. 

My phone is out but I will call you ASAP.   evileye


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In regards to Gerri Faye Butts... I am a bit confused. Is this case somewhat personal to someone on this board? And what is the general sentiment regarding the issue of whether or not Gerri exposed her children to this criminal?
Obviously, as mothers we do NOT 'expose' our children to people we think would harm our them. But there are life styles and choices that we make which do, in fact, affect our family and, in particular, our children. As I do not know much at all about this case, I thought that perhaps the more informed members of this board would help me understand the facts of this interesting case.

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Hi Dreamstorm.I'm Annarocket,the moderator for this board.Welcome to our website.

The Butts murder was indeed personal to many people.The town where Gerrie Faye lived was a small place where everyone knew everyone,so to say it was a small matter would be trivializing it.It was not as if it happened in a big city like NYC or LA.Gerrie Faye and her daughters were personally known by some of our readers [not myself] and their quest for justice has been long and arduous.

As for Gerrie putting her children in harm's way because of her lifestyle,I personally can't say if she thought he was a criminal.From what  I know about it,she would have fought to the death for those children.Lifestyles and choices aside,murderous intentent will prevail.It is called the evil that men do,and to our great sorrow,Gerrie Faye,Jessica and Makenzie have been taken from us because of it.   


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I got the message Anna , but when I got back it was too late. Thanks for that response well said. Sad to say but Gerri fell in love with a man that ultimately would come in her home and take her life and then take her babies lives while they are in their own home in bed. Right or wrong , perfect or imperfect there is no reason good enough to take the lives of a lady and her two children.
Sweetie Pie

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