The Attack at the Silk Plant Forest

NAVIGATION

Marker deemed able to testify

Assault victim's progress praised

By Christopher Quinn

JOURNAL REPORTER

WINSTON-SALEM

December 3, 1997

Jill Marker fought against her unresponsive body yesterday in Forsyth Superior Court to let a judge know that she is capable of testifying in the trial of the man charged with bashing in her skull and leaving her an invalid.

Marker, 36, proved to Judge Peter M. McHugh's satisfaction that she knows where she is, what is going on around her, and what happened to her Dec. 9, 1995, even though she can't talk and is partially paralyzed. That night, Marker, 3 1/2 months pregnant, was working at Silk Plant Forest at Silas Creek Crossing. Someone came in after 8:30 p.m., robbed the store and viciously beat her.

Thirteen months later, police charged Kalvin Michael Smith, 26, with the assault and with taking $295 from the store's cash register in a robbery.

Dr. William O. Bell, the neurosurgeon who removed pieces of skull and blood clots from Marker's brain in a four-hour operation, testified yesterday that he believes Marker was hit in the head more than 20 times with a blunt object. Portions of her brain on the rear left side were the consistency of pudding, he said.

He said yesterday that Marker has made great progress. She was comatose for about a month after the beating. She improved to a semi-conscious state when she gave birth to a boy in April. She remained that way until the hospital released her in May 1996.

Her husband, Aaron Marker, moved her to Ohio to be near family.

Marker's father, Walter "Bud" Hoisington of Ohio, wheeled Marker into the courtroom yesterday in a wheelchair so that McHugh could determine whether she is competent to testify. The jury was out of the courtroom.

Marker bears little resemblance to the petite, energetic woman that she was before the beating. Inactivity and medication have put weight on her. Her left arm is frozen crookedly against her body. Her mouth gapes a little, and she makes most of her movements in slow motion.

Prosecutor Eric A. Saunders and William M. Speaks Jr., the defense attorney, asked Marker a series of questions.

Saunders moved his chair within seven feet of Marker -- because the damage to her brain affected her eyesight -- and asked, "Are you in Winston-Salem?"

Marker nodded slowly.

He continued through a series of simple questions before getting close to the subject of the trial.

"Did you get hurt at the Silk Plant Forest?"

Marker nodded slowly.

"Can you tell the judge what happened to you at the Silk Plant Forest?"

Marker affirmed that she could with another nod, and in response to Saunders' questions said that it was a black man who hit her.

When Speaks questioned her, she affirmed that yesterday was Tuesday. She nodded yes when Speaks asked her whether the man hit her from behind.

"Has anyone shown you pictures of someone?" Speaks asked.

Yes, she nodded.

Winston-Salem police detectives traveled to Ohio to Marker's nursing home and questioned her about the beating.

Speaks asked, "Have they told you that this is the man that hurt you?"

No, she nodded.

He asked whether she was told that she came to help identify the person that did this to her.

Marker paused. Her eyes widened and she nodded a slow yes. Speaks continued through a few more questions.

Speaks put a neurologist on the stand who testified that he believed that Marker's ability to understand was hampered by her injuries but that he did not know to what extent.

McHugh ruled that Marker was competent and could testify. She is scheduled to take the stand this morning.

After Marker testified, prosecutors continued trying to close their loop around Smith.

Prosecuters put Andra Wilson of Winston-Salem on the stand. Wilson said she was having a relationship with Smith.

When she said that, Smith turned to the spectators. He mouthed to his longtime girlfriend, Valerie Williams, "She's lying."

Wilson said that Smith told her about 20 times that he beat Marker but also denied it on two occasions, she said.

On cross-examination, Wilson said she first told police that Smith told her he did not beat Marker but was there when it happened. She also said she called CrimeStoppers and turned Smith in after he broke off their relationship.

Pamela M. Moore also testified that she heard Smith say once that he had beaten a woman inside a store but that he didn't identify the store.

She didn't pay much attention to the statement, she said, because Smith was always saying crazy things, especially when he was drinking, which was frequently.

« back

A Special Report