Burnett Trial: Day 4
Burnett Trial: Day 4 Save Email Print
Posted: 9:16 AM May 20, 2008
Last Updated: 8:59 AM May 21, 2008
Reporter: Cayle Thompson
Email Address: cayle.thompson@kake.com

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4:41 p.m.: In the last half of the day, prosecutors call officers who helped handle the case. Detective Kelly Otis testified after Trudy Guthrie left the stand that she had told investigators Burnett called her asking for an alibi after his arrest.

Prosecutors also showed pictures from inside Burnett's apartment, which he shared with Guthrie. They found cables and latex gloves, similar to those Gentry claims Burnett used when strangling Brooks.

A DNA and fingerprint expert on the stand this afternoon testified that Burnett's DNA was found only on a white wash cloth and multi-colored towel that came from his own apartment. Nobody's DNA was found on the cord around Chelsea's neck or her cell phone, found on the side of the road near Rose Hill. Defense attorneys say there's just not enough physical evidence to convict Burnett.

Jurors are expected to begin viewing graphic graveside photos tomorrow. Court will dismiss at 5:00 this afternoon and resume Wednesday at 9:00 in the morning.

2:00 p.m.: Prosecutors question Guthrie for only a few minutes. They say she told police Burnett asked her for an alibi the night of the murder. But on the stand this afternoon, she denied making any such statements. She said the night of the murder was like any other night, and that Burnett was home by dark.

Prosecutors are now questioning police, who interviewed Guthrie after Brooks' death. Guthrie said her memory of that night was hazy because she was high on drugs. At the time she interviewed with authorities, however, they say she did not exhibit signs of being high.

Although Guthrie says in her testimony today that she knew Everett Gentry, she initially told police she did not know him. Gentry was selling drugs out of Guthrie's home, which she shared with Burnett. He was going by the name "E" at the time.

1:42 p.m.: Trudy Guthrie is on the stand. She was Theodore Burnett's girlfriend at the time of the murder. It's alleged Burnett may have confessed to Guthrie after the murder. Prosecutors will question her about his alleged involvement in the case.

At Burnett's preliminary hearing, Guthrie was an uncooperative witness. In the first few minutes of her testimony today, she is being more open and responsive to questioning.

1:30 p.m.: Court is back in session.

11:45 a.m.: After the morning recess, jurors heard testimony from a Wichita Police Officer describing how Everett Gentry's car had mud caked to parts of its underside, consistent with Gentry's testimony that he had driven Brooks and Burnett down a dirt road where the girl was eventually buried.

One of Elgin Robinson's girlfriends took the stand next. Kim Waltersheid testified she was with Robinson in Kansas City at the time of the murder, just as Gentry said was planned. She said she never heard mention of Theodore Burnett until after Robinson became linked to the crime. Waltersheid said she did not know Brooks was pregnant until the night she disappeared and Brooks' family began calling Robinson, concerned about her whereabouts and safety. Wiltersheim says she still speaks to Robinson on occasion, even though he is in jail awaiting his trial.

Prosecutors then moved to several Butler County officers, describing how they found Chelsea's abandoned cell phone along the side of a road in Rose Hill, not far from where Gentry says Burnett tossed it out the car.

Defense attorneys said that there is not enough physical evidence in this case directly linking Burnett to the crime. But prosecutors have Gentry's testimony, which - if jurors believe it - says Burnett strangled Brooks. Prosecutors are painstakingly recounting and proving details of Gentry's confession, trying to show he is telling the truth and that Burnett was involved, just as Gentry says.

The jury will break for lunch at noon. Court will resume at 1:30.

10:20 a.m.: The first witness to take the stand Tuesday reviews the cell phone records between Chelsea Brooks' and Everett Gentry's phones. Prosecutors show how both cell phones were hitting the same towers the night Brooks died. Prosecutors maintain there was distinct movement from where Gentry said he picked Brooks up at a south-side skating rink, and eventually drove her and Burnett north of Andover where Gentry said the two planned to bury the body.

In a two-hour time period, both Gentry and Brooks tried dozens of times to contact Elgin Robinson. Robinson did not return Brooks' calls but he did return Gentry's.

Brooks last call was made at 10:01 p.m. on Friday, June 9th. After that, her phone activity stopped.

Burnett's defense attorneys said that the cell phone records, though they may put Gentry and Brooks together, show nothing of Burnett's alleged involvement. There are no outgoing or incoming calls from Burnett. His attorneys have maintained from the start of this trial that there is lack of physical evidence that ties him to the crime, aside from Gentry's testimony on Monday.

The jurors take a 15 minute break after the witness leaves the stand. Court will resume at 10:40 a.m.

Testimony expected to resume at 9:00 this morning in the capital murder trial against Theodore Burnett, one of three men accused in the murder-for-hire plot of pregnant 14 year old Chelsea Brooks.

Today, prosecutors plan to present cell phone records, speak with WPD Crime Scene Investigators, and question both Burnett's girlfriend and another one of Elgin Robinson's girlfriends. Updates available on KAKE.com throughout the day.

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Posted by: Mo Location: Wgtn on May 20, 2008 at 11:37 AM
They should all rot in hell for their part in this.

Posted by: Kathy Location: Wichita on May 20, 2008 at 11:34 AM
You are correct. Robinson set this in motion as he was the only person that would be effected by his crime. The others were a teenager that felt a distorted sense of obligation and a freak willing to kill two babies for $500.00. They are all culpable, but Robinson is the key to this whole thing. Upon learning she was keeping the baby two weeks earlier he decided to take matters into his own hands. When in fact a slap on the hands is what he would have gotten, if that had he not "MURDERED" Chelsea and Alexa. He is a pedophile and a killer. I hope that the jury sees thru all the manuevering on Burnett and Robinson. They should share a cell until the end of time.

Posted by: Maurie Location: Wichita on May 20, 2008 at 10:42 AM
The one who should truly pay for this is the gutless wonder running around having sex with 13 year old girls and then trying to shirk his repsonsibilites by having mother and child murdered.

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    Showcased Comments
    Fire Department: Fireworks Are Illegal In Most Of Sedgwick County
    • Posted By: ShaunI think that people in the county needs to remember that this day is to celebrate or freedom as a country!!! China gave us fireworks to help US and a COUNRTY celebrate. To me this is UNAMERICAN!!! Yes, i agree that the big ones that can set major fires sould probly not be shot in rural areas. And all though this law don't affect me personally, it still does as I am a soldier and an American. I am proud of my country. Even if I could only shoot off fountains or what ever I still think that is better than nothing. As long as the person shooting them off is doing it on a concrete surface I don't see why they can't have small fireworks!!!!!
    • Posted By: donald otnesMy daughter called me at 10:15 pm on July 2, 2009. She had people setting off fireworks in her housing district. The kids were firing off the ones that sound like a bomb going off. Are people that stupid to let kids have fireworks that could blow up and take a hand off or even there face.
    • Posted By: miss americaMy family is apparently among the wild, irresponsible rednecks in unincorporated Sedgwick county that have shot off fireworks every year on the 4th since I was a baby. It's true there is a need to protect farmers' wheatfields, so I can understand why the county might ban the big fireworks that fly up in the air, and bottle rockets, etc. But, why shouldn't we be able to at least set off the smaller fireworks, such as fountains, that are less dangerous? Why are our families denied the privilege of celebrating the 4th in a safe, fun way just because we live in the unincorporated areas? This fireworks ban on the 4th needs to be loosened up. It's really not fair.
    • Posted By: aThink about this people! Fireworks are loud and anoying! I am so sick of people setting them off late at night while we are trying to sleep! My baby is being kept up by fireworks because people set them off at two in the morning!Please just think about where you are setting them off like close to houses and apartment buildings. Those are not good places to be doing them!
    • Posted By: Firefighters daughterFor those who think that firefighters just "sit around" you obviously have no idea what these people do. Just looking at the 4th, I can recall as a child how we all wondered if my dad would get to finish his hamburger before being called out to yet another of the many fires he went on that day . The work they do isn't restricted to a summer holiday. Think about the gear they wear...heavy coats, boots, air tanks, even on 100 degree days. Take a walk in their boots and face the fires, car accidents, tornado/storms, floods, and other emergencies they must face with courage, calm, and strength in order to save lives and property. As for "washing the truck" and other maintenance that must be done, do you want a rusted out, broken hosed truck showing up at your house because they DIDN't do those things? I hope they do get a chance to relax, eat, sleep, etc. between the emergencies they must face. I want a well rested and ready fire fighter showing up at my house should I ever need one
    • Posted By: rebeccahey does anyone know if the little boy that went into QT has been found? I know this isn't the topic but I just wanted to know.
    • Posted By: h: I believe that fireworks like Black Cats can be used in Derby as well as Wichita (it's been a long time since I've done any here so I wouldn't definitely know). But they might be setting off something bigger like an M50. The main problems they've had is with the ones that burst into showers of colored balls and sparks like we see in the big displays, roman candles, M80s and the ones that spray out sparks. The Eagle Beacon, last year, said that a good rule of thumb is if they shoot out sparks more than about 6 feet from the device then they are probably illegal.
    • Posted By: hwell they are sure shooting them in derby and we're in sedgwick county either they are not banned or the police in derby are not doing anything about the ones that are shooting off fireworks already. Frankly I'm sick of it, the neighborhood kids are shooting them off close to my property and my dogs are having fits, a call to the local police dpt says nothing they can do....so if they are banned in sedgwick county then they should be banned in derby and the derby police dpt needs to start enforcing the ban, if they aren't banned in derby then they need to be, there are other ways of having a good time on the 4th of July without having to endanger your yard, my yard, your life!!!!
    • Posted By: If everyone was a responible person that means for their self and for the one's that have children, then we wouldn't have had these laws made.The population is so high now that the fire departments are on overload because of the people that will not take responsiblity for their actions.And as far as the fire department setting around!!! Let your house be on fire and then have to wait because these people are not at their work area's because you think they are setting around.I would hate for them to be kept busy 24/7. What would happen to our town without them if that were the case.Already the street that I live on is littered with trash from fire works because people are not responsibly.(not all)
    • Posted By: DI completely agree with Anonymous at 9:26. Linda, unless you've been living under a rock, it's been well known for years that fireworks are illegal in the city limits. They make the same announcements every year. They don't sell the "big" illegal fireworks in the city but everyone still goes out of city limits to buy them and then come back home and shoot them off out in the neighborhood streets. I've seen fireworks in my neighborhood that would rival the ones at riverfest and Lawrence Dumont stadium and they aren't legal in the city.
    • Posted By: Cliff: That's true but when they are burned off purposely there are fire control measures in place. When someone sets a fire with fireworks they tend to run away and then it gets out of control. Like I said, I've missed work because of people who do this. The reason why they made them illegal in Sedgwick County to begin with is because most people here are not responsible enough to use them safely. And Linda: They've been telling people every year that they are illegal. Most people just don't pay attention. And they only selll fireworks in Wichita that you can set off in Wichita. That's why they've always said "Shoot them where you buy them".
    • Posted By: RodI'm with 'Anonymous on Jul 1, 2009 at 08:08 AM'... Helps us Obama! We need you to protect us from ourselves! ALL PRAISE OBAMA!!!
    • Posted By: LindaOk, for one I think if they were illegal, than why didn't we know about it along time ago. I bet that the majority of the people that lives in Wichita didn't know this, and I think it is not right to start enforcing it NOW, I mean come on the main reason why people shoot of fireworks is for the kids entertainment, Also if its going to be illegal than why on earth should selling fireworks at the stands not be? People see the signs that fireworks are illegal, but when they are driving around wichita and see firework stands it just tempts them that much more. So I think its not right.
    • Posted By: cliffanonomous at 8;08, fireworks are a tradition on the fourth of july. and the "tinderbox "harvesed wheat fields are usually burnt off this time of year anyway even without fireworks.
    • Posted By: Bottle Rocket Roger: What makes you think being American means you should have the right to set off explosives? For the idiots who think they need to have fireworks: how many of you have to call into work and tell your boss you can't come in because some moron set fire to your house or yard? What about when they go outside the city & set them off in newly harvested wheat fields that are nothing more than tinderboxes at this time of year? Every year for the past six years I've lost pay because idiots cannot control themselves or the fires they set.
    • Posted By: donits really sad,,,,we are not hardly even "independent" anymore,,,the government has "used" up all are rights,,,,,like the ol' saying goes though "just be glad your not getting ALL the government you pay for",,,,,period, end of sentence !!!!
    • Posted By: Anonymous who is coming down on firefighters and their "lazy days of washing the trucks and sleeping and cooking meals" has no clue what firefighters do and how many calls many of the stations get,though many are medical. Firefighters are not exactly unpatriotic joy-squelchers, but they are supposed to educate the general public about fire safety. If you even understood all the job entailed you wouldn't talk like that.
    • Posted By: Bottle Rocket RogerWhen I lived in a town just north of wichita,we were able to shoot fireworks ALL day long for a week..Park City allows fireworks ALL day long for week,NO problems in either town! We celebrate the 4th like americans in these towns! The people that made fireworks illegal in Wichita and hate the fireworks are ALL UNAMERICAN! Go hide in you're basements and shake like a coward..the M80's are coming!
    • Posted By: We need two things immediately. One, a petition to remove this descriminatory 1978 law against residents of the county, and secondly, another petition to remove the authors of this law if they are still in office, and any other person in authority that supports it. I'll drive any distance to sign those petitions. Our tax dollars were used to print and post these signs and will also be used again to remove them, and patrol neighborhoods looking for little kids shooting ladyfinger firecrackers. This travesty of the use of our tax dollars must be exposed with those that have attacked Independence Day.
    • Posted By: BobEnforce the law! Many firewoks are dangerous, destructive, and disturbing--especially to pets.
    • Posted By: I never knew there were so many un-educated people around the state. It even says in the text of the story, that the fire department is not going to be doing extra patrolling, due to staffing. People are very careless with their fireworks in the "uncorperated" area's of the county. You add wind, and some dry wood, or brush.. And you cause a very dangerous situation, and put those "poorly staffed" fire deparments that respond in danger. ****If you live in a town/city in "sedgwick County".. you need to check your local laws. The no fireworks law - is for "uncorprated" - aka *NOT IN CITY LIMITS*
    • Posted By: MichelleCan't we come to a compromise? Make them illigal everyday of the year, except the 4th? I agree with the ones on here that said we are celebrating our FREEDOM! This is what the USA is about. Hotdogs, baseball and fireworks! 8-)
    • Posted By: Kristy"But many like Sedgwick County Resident Michael Dixson don't plan on breaking the law." Seriously - someone who writes for a news station should be familiar with proper grammar usage.
    • Posted By: How ironic it is that it's Independance Day however; they tell you that you can't fire off any fireworks.....at least any that are worth paying money for. Yes, we're slowly on our way to becoming a communist country. I miss Archie Bunker!
    • Posted By: Why even celebrate??? Pretty sad when Amerians can't participate in the tradation and celebration of America's Indepandance. I feel for you rual Sedwick County people. Sedwick County SUCKS!!
    • Posted By: TimThe Fire Department IS NOT encouraging people to call 911 every time they see people shooting fireworks, this will create an unnecessary strain on the 911 system. The problem is being worked on and will take time to get things all straightened out. If you have an emergency or a problem that warrants calling 911 by all means call 911. What is not needed is a call to 911 every time you see someone shooting a firecracker.
    • Posted By: The fire departments are going out of their way with NO FIREWORKS signs just because they don't want to have to work any more than they have to. Little fire here and there disrupts their lazy days of washing the trucks and sleeping and cooking meals!
    • Posted By: topperat one time you couldn't shoot fire works in dodge, now that we can the 2nd through the 5th i think. i havent heard of more fires or whatever it is you think is going to happen if you were to allow.. its the 4th of july, and you stoping people from celebrating. thats dumb if you ask me. besides, people are going to shoot them off no matter what you do.
    • Posted By: FrankieThe Fire Department says it only enforces the law against fireworks in Sedgwick County, but I've lived here since 1938 and I remember that it was the Sedgwick County Fire Department that pushed for the County Commissioners to pass the illegal fireworks law.
    • Posted By: anoymousIt is a little confusing, because Park City has fireworks tents all over, but I thought Bel Aire and Park City were actually their own "cities", and not part of unincorporated Sedgwick County. And they are allowed in Goddard,I checked out the website. I wish there was a central list posted where they are legal/illegal, because I do think there is confusion about this, especially when I thought I heard people in Bel Aire saying they purchased permits in the past. Can anyone elaborate?
    • Posted By: DebbyIf they are illegal why are they sold in the city where they are illegal?
    • Posted By: Isn't it funny how it's called Independance Day but yet big brother wants to tell us we can't shoot fireworks? Screw you big brother!! I'm firing mine off!!
    • Posted By: ElmerI saw on the news that you are asking the neighbors to report the people who are using fireworks to the police. Hitler did the same thing when enforcing his laws. Are we coming closer to socialist government, or are you just trying to create a community that is untenable due to loss of trust in neighbors? I can't believe we are repeating history again.
    • Posted By: bobi think the county is forgetting what we are celebrating, our independence. so they should let us shoot them where you buy them.
    • Posted By: JustinLand of the Free, My hind end. Restrictions yes, understandable. But, all out ban? This is not the America I fought for!!!!! Maybe before long we won't have any independence to celebrate!!! And I'm sure the fire fighters are just having to do what there told. Heck, most of them love fire or they wouldn't be doing there job.
    • Posted By: "fire dept only enforces the law" im sure they had a say in how it was created. thats like saying police dont have a quota when writing tickets when im sure they do. how else are police measured when trying for promotions and raises--its by how many tickets they write, how many crimes they solve, ect. people are gonna shoot off fireworks and worry bout what happens later because this is the one time in the year that we get to do so! plus it helps celebrate america's birthday !!
    • Posted By: MikeaI sure wish there was something we could do about the rednecks who insist on setting off the big heavy skybursts in our neighborhood at 1am every night. Fireworks should be illegal inside the city. Loud car radios are, and fireworks are more dangerous.
    • Posted By: BobOk maybe this is a stupid question, but what is unincorporated Sedgwick County? What is meant by that?
    • Posted By: AJ SimkatuEveryone knows that fireworks that go up in the sky are illegal, even in the city of Wichita. The problem is that nobody cares. Most people think the ban is a ridiculous overreaction to a small problem. People are sick of the nanny state telling us what we can and can't do with our own lives and property. What's next, ban skydiving, skiing, riding dirt bikes, mountain climbing? The government needs to mind its own business and stay out of ours.