For fourteen tiresome days, the prosecution and the defense repeated the same questions to one member of the jury pool after another. Finally, the chosen twelve, plus two alternates, were impaneled.
Seated on the jury were: Miriam Gonzales; Hilda Loper, who worked for a justice of the peace office and a local law firm; James Jones, retired military—both Navy and Air Force; William Cooper, a Taoist with two years in law school; Jay Hayden; Aida Victoria Gomez, whose husband was a state trooper; Eleanor A. Stark, at 71, the oldest member of the jury, and a retired U.S. Customs worker; Anna Riegel; Mark Rivas; Dwight Brown; William Grady King; and Pedro Vidales, who had said at one point during questioning, “If you kill once, you’ll kill again,” and claimed not to have understood the judge’s question regarding independent assessment of the evidence. The defense had used up all its peremptory strikes by the time Vidales was seated. They pleaded with the judge for additional peremptories, but were denied.
After they were sworn in, Sells stuck a pink Post-it note in front of Garcia. “Do you want me to retract everything I said?”
Then he wrote an explanation of himself to Jessica.
There was a boy who grew up lost to this world. Never knew where to go. Never knew where to turn.
The boy grew up to be a man. Well, somewhat of one. But he never knew where to go and still’s lost to this world.
He fell in love. Oh how good his heart felt. How special she was to him. Always had a warm touch to offer him. But he was lost to this world.
She gave and gave. He took and took. He tried his best to give back. But you see he was lost to this world.
He grew up lean and mean.
The trial was scheduled to start in a few days on September 12. It was expected to last two weeks.
CHAPTER THIRTY
THE small town of Del Rio transformed into a media Mecca overnight. Traveling 160 miles west of San Antonio, many of the out-of-town journalists felt they’d come to the end of the earth.
The reporters, cameras and mobile studios surrounded the historic building downtown. Built in 1887, it is the only courthouse Val Verde County has ever known.
On the first day of the trial, the star of the show was not the man whose life or death would be decided on the second floor of the courthouse. It was the young survivor, Krystal Surles. Cameras zoomed in to catch a glimpse of the puckered scar slashed across her neck. She smiled and waved to the cameras as she entered the building.
When the judge entered the courtroom, Sells wrote a note to his attorney. “9-12-2000!! Started the trial!! 9:02 A.M. You said to look at the twelve when we stand up. I feel pretty helpless here. You need to do something.”
“Look at the person reading the indictment,” Garcia responded. “When you answer, look at the jury.”
Assistant D.A. Fred Hernandez stood to read the charges. When Tommy Lynn Sells stood to respond, the gallery greeted him with short gasps and drawn out hisses.
Count one accused, “[ . . . ] in the course of committing burglary of a habitation with intent to commit aggravated assault, did then and here intentionally commit murder by causing the death of an individual, Kaylene Harris by cutting the throat of Kaylene Harris with a knife.”
“How does the defendant plead to that accusation, guilty or not guilty?” the judge intoned.
“Not guilty,” Sells responded.
Count two charged that he committed an aggravated sexual assault and caused the death of Kaylene Harris. Once again, he said, “Not guilty.”
Count three claimed Tommy Lynn Sells “[ . . . ] did then and there attempt to cause the death of an individual, Krystal Surles, by cutting the throat of said Krystal Surles with a knife, which act was more than the mere preparation but failed to accomplish the murder of Krystal Surles against the peace and dignity of the State.”
“And to this accusation, the defendant pleads?”
“Guilty,” Sells said to the surprise of the court and the spectators alike.
“The defendant may have his seat. We’re ready to proceed, then, with the opening statement. Does the State desire to be heard?”
“Yes, Your Honor. Good morning, ladies and gentlemen. As most of you remember, my name is Freddy Hernandez, and I’m the assistant district attorney. I think most of you saw me during the individual voir dire process. And seated at the table is Mr. Tom Lee, the district attorney, and we’re here today for one reason, to see that justice is done.”
After explaining the purpose of his opening statement to the jury, he summarized the State’s case. “You are going to hear evidence about this horrible case. You are going to hear how the defendant, Tommy Lynn Sells, knew the victim and her family. They are going to tell you how, before December thirty-first of 1999, they knew Tommy Lynn Sells, where they knew him from, how they befriended him. In fact, they had even bought an automobile from him at his work place. That is what they are going to testify about.
“They are going to get on the stand and they are going to tell you that Tommy Sells, the defendant, had been in their home on various occasions and spoken to both of the Harrises, and also knew the kids, including Kaylene. [ . . . ] The Harrises are going to tell you where their home is located [ . . . ] outside the city limits of Del Rio just past Amistad Lake as you cross the bridge going to Sanderson. It is a fairly isolated area. It is dark and the houses are far apart. They are going to tell you if you want to get to their house, you actually have to make an effort to get to their house. You are not just going to be driving by the house randomly.
“[ . . . ] Terry Harris is going to tell you on the evening of December thirtieth of 1999, he saw the defendant, Tommy Sells. He saw him at what used to be the Quickie Mart next to Ram Country, and on that day Terry Harris and some friends were going to Kansas. They had their luggage in his truck, and the defendant said, ‘Hey, are you going somewhere? Where are you going?’ and Terry Harris told him, ‘I’m taking a trip up north,’ so that defendant at that point in time knew the man of the house was going to be gone.
“[ . . . ] Most importantly, you are going to hear from the brave little girl who is going to tell you how she survived the brutal attack inflicted by the defendant. She’s going to walk you step by step through each and every detail of what she saw and what she heard on the early morning hours of December thirty-first, 1999.”
Hernandez ran through a list of other witnesses and their anticipated testimony: Texas Ranger John Allen; Val Verde County Sheriff’s Department Investigator Larry Pope; Dr. Jan Garavaglia, Bexar County pathologist; and Dr. Cynthia Beamer, a physician in San Antonio who had treated Krystal Surles.
“There will be one DNA expert that will be called, a serologist that will tell you the defendant’s blood, along with Katy’s blood, was found on his clothes. Another expert who compares fibers will tell you that his fibers were all over the victim’s clothes and the victim’s fibers were all over his clothes as well, showing contact.
“Ladies and gentlemen, this is a horrible crime, and at the end of the guilt–innocence, we are going to ask that you find the defendant, Tommy Lynn Sells, guilty of capital murder.”
DEFENSE Attorney Garcia began by admitting, “This is a horrible case. It is a brutal case, and I told you that. You come in here because all twelve of you said you could be fair, that you had an open mind, and that if you had any opinions, that those would not affect or influence how you looked at this case, and now you understand how critical it is.
“Tommy Lynn Sells came in here today and he pled guilty to the attempted murder of [ . . . ] Krystal Surles. He told you that. That’s the first part of accepting some responsibility for what has been explained to you. The second part is he pled not guilty to capital murder.”
Then Garcia reached the crux of the defense: the evidence for capital murder does not exist. There was no burglary—nothing was taken from the Harris home except the screens from two windows. There was no intent to commit sexual assault.
“Never in those confessions [ . . .
] beginning on January second does he ever talk about ‘My intent to go into the Harrises’ trailer was to commit aggravated sexual assault.’ It never was. You may hear evidence that says, ‘I don’t know why, but I was.’ He is not going to deny that he was inside that trailer, and hasn’t from day one.”
Garcia continued to explain that it wasn’t until five days after his arrest that Sells admitted to touching Kay-lene’s genitals, because he was told that that confession would get him the death penalty. And, at that point, Tommy Lynn Sells wanted to die.
In closing, Garcia said, “We’re not sidestepping responsibility. We’re not sidestepping what happened. Tommy Lynn Sells has accepted responsibility for what he did, and I ask you for you to keep an open mind as to that portion of the case. Thank you.”
When Garcia was seated, he had this note from his client: “The guy with the long hair by the man with the red shirt has a hole in his neck.”
“Tracheotomy scar. It’s surgical. He will be sympathetic with Krystal Surles,” he responded.
“You would have had fun if I had not talked,” Sells jotted.
“I might have gotten you off,” was the reply.
THE first witness called by the prosecution was Noel Houchin, an employee of Larry’s Lakeside Tavern.
“He just blatantly asked me for sex,” she said. “I promptly turned him down.”
“Okay. You have said ‘blatantly’; do you recall what he might have said to you?” Hernandez asked.
“ ‘Will you have sex with me?’ “
“And what was your response?”
“I said, ‘Thank you, but no.’ “
“Did any of that continue?”
Noel rolled her eyes. “All night long. It never stopped.”
“Describe to us how that may have continued through the evening,” Hernandez requested.
“[ . . . ] I told him that my car was broke down. He offered to go and check out my car for me if I would have sex with him. He offered to pay to have it fixed for me if I would have sex with him. He then told me that he owned Amigo Motors and that I could have my pick of any vehicle on the lot if I would have sex with him.”
“And what were your responses when he made these different offers to you?”
“I tried to stay as polite as possible. I told him, ‘Thank you, but no, I have a boyfriend.’ I told him repeatedly that I wasn’t in the habit of getting paid for sex.”
“What was his reaction?”
“He just continued to ask over and over. He never seemed upset about it, just kept asking more,” she said.
“Did you all talk about anything else?”
“No. Not really. He [ . . . ] finally got around to asking me for just five minutes of my time.”
“Okay. And when you mean he asked for five minutes of your time, explain to us what you mean.”
“He [ . . . ] kept telling me that five minutes was all he needed, just five minutes of my time, just five minutes.”
“And how did you respond?”
“I just said, ‘No, thank you.’ I was being polite in as many possible ways as I could.”
“Did he ever ask you anything else?”
“Oh, he asked where I lived, several times,” Noel said.
“Did you tell him where you lived?”
“No, sir, I did not.”
“Why didn’t you tell him where you lived?”
“I thought it was kind of unusual that it would be so consistent, constantly asking over and over again for sex, and I didn’t feel comfortable telling him where I lived.”
“Did you give him any idea where you lived?”
“Yes, he asked me how long it took to get home, and I told him, ‘Approximately five minutes.’ “
“How long did Tommy Lynn Sells stay there at Larry’s Bar?”
“He stayed until [ . . . ] 2:15 A.M.”
The whole time Noel was on the stand, Sells furiously wrote notes and whispered to his attorney. In his mind, the only truth she told was that he was at Larry’s Bar that night. He scribbled “Lie, Lie, Lie” all over his legal pad.
FOLLOWING the barmaid’s testimony, the jury heard from three members of the Harris family. Crystal Harris was the first one of them to take the stand. Her face hung haggard with the pain of her recent loss. Her eyes seemed focused inward, rerunning the memory tape of her daughter, Kay-lene.
When asked how she met Sells, she said, “We met him in church, and when my husband and I decided to buy our car, our truck, we decided to go to somebody who had a dealership through our church, to help them out, and we met Tommy there and also at church.”
“What church was that?”
“Grace Community Church.”
“Now, prior to December the thirty-first of 1999, had the defendant been to your home or visited your home?”
“Yes,” Crystal answered.
“Do you recall how many occasions he had gone to your home?”
“About three occasions that I’m aware of.”
“Do you know what the nature of his visits were?”
“He came to talk to my husband about marital problems and problems with his job.”
Hernandez asked her, “Had he seen your children when he had gone to your home?”
“Yes,” she answered.
“Including Kaylene?”
“Yes.”
“Did he ever play with the dog that was in State’s Exhibit Number Sixteen?”
“Yes, he did.”
“And explain to us how that occurred.”
“On one occasion when he was at our home, the kids wanted to take the dog on a walk and Tommy helped them put the harness on the dog. The kids took the dog on a walk and played with him in the front yard, and he [Sells] was very happy. The dog liked him.”
AS Terry Harris took the stand, Sells’ pen flashed across his notepad, “Terry Harris. Nail his ass!!! He’s a punk. A want-to-be.”
Harris testified about his relationship with Sells and their encounter before Terry left Del Rio for Kansas. When Garcia did not question him about cocaine, Sells wrote, “You may know what you’re doing but I want to know what you’re doing.”
“I want to cover better when we call Terry back up,” Garcia wrote back.
Sells continued writing. “What’s the point in telling Jessica about sex with the bartender? What’s the point in telling her to seek power of attorney? What do you mean we’re going to call her Friday?”
Then, Justin Harris, Crystal’s blind son, took the stand to recount the events that had occurred in his room the night Katy died. His testimony locked in the time frame of the crime. He told the court that he awoke before his clock was scheduled to ring at 4:30 A.M. and went to the bathroom. Before he could return to his bed, someone else shut off his alarm.
The judge and the attorneys then discussed the ramifications of Sells’ guilty plea to the attempted murder of Krystal Surles. The possibility of a life sentence and a fine of $10,000 was mentioned by Judge Thurmond. In response, Sells fired off an angry note to his lawyer: “You really need to start letting me know more. On this shit with the Judge today and a $10,000 fine? You told me 5 to 20.” Concerned that his wife would have to cover any fine assessed on him, he wrote, “You have to understand this: Jessica is all I have. Don’t mess this up.”
CHAPTER THIRTY-ONE
THE State’s star witness, Krystal Surles, took the stand after a recess for lunch. Sells requested to be absent from the courtroom during her testimony. But the judge insisted that he be there.
A breathless courtroom watched as the young girl, clad in a striped shirt, stepped up to testify. Her blonde hair, pulled back in a ponytail, revealed a face that was grim and determined. All eyes were on her pink badge of courage, a scar stretching from one side of her neck to the other.
Hernandez opened slowly. “How was it that you ended up staying with the Harrises?”
“Because my mom’s fiance met him, because they are interested in the same things.”
She nodded energetically, her ponytail bobbing behind her. Hernandez reminded her that the court reporter needed an audible answer for the record. “Now, I would like to take you back, if I could, to December thirtieth of 1999, and ask you if you remember being at the Harrises’ on that particular date.”
“Yes,” she answered, a small cloud passing over her eyes.
“Do you remember what you may have been doing early in the day, or throughout the day?”
“Planning a New Year’s Eve party.”
“And when you say, ‘Planning a New Year’s Eve party,’ “ Hernandez asked, “who was planning a party?”
“Me, Katy and Lori.”
“Now when you say the name Katy, are you referring to Kaylene Harris?”
“Yes.”
“Katy was just a nickname that her family called her, and her friends, right?”
“Yes.”
“What sort of party were you all going to have? What sort of party were you planning?”
“Just have friends over, so I could meet them before school started again,” she answered.
After easing her through the preliminaries, Hernandez moved her back to that dark memory—into the bedroom that she still feared. “Were you ever awakened during the night?” he asked.
“Yes.”
“What was it that awakened you?”
“Katy’s voice saying ‘Help,’ “ she replied.
“Now when you were awakened, did you notice whether there was any light, or whether it was dark, or— What were the lighting conditions like?”
“It was—The light was on.”
“And what did you notice or hear Katy say, if anything?”
Krystal fidgeted in her seat. “I couldn’t understand what she was saying, what she was trying to say, stuff.”
Through the Window: The Terrifying True Story of Cross-Country Killer Tommy Lynn Sells (St. Martin's True Crime Library) Page 15
