Weber defense hopes to discredit girl’s testimony

Erica D. Johnson

Wednesday, Feb. 19, 2003 | 9:33 a.m.

Attorneys defending Timmy Weber hope testimony by a child psychiatrist will make jurors doubt claims of rape made by a 14-year-old girl whose mother and brother were killed in a brutal slaying.

Dr. Rayna Rogers, who was expected to testify this morning, will say Metro detectives used faulty interviewing techniques when they questioned Kim Gautier's teenage daughter about sex between her and Weber, said Deputy Public Defender Joseph Abood.

Jurors will watch the videotaped interview in which the teen told Metro Detective Sheila Huggins that Weber raped her on April 4, 2002, the day of the slayings, and had been molesting her since she was 9.

Rogers is also expected to testify that the teen was able to consent to the sexual acts, Abood said.

"We believe the proper charge is statutory sexual seduction, which has to do with whether or not it was consensual," he said.

But Chief Deputy District Attorney Christopher Lalli objected to Rogers' anticipated testimony, saying she had not evaluated the teen personally.

"We're concerned based upon the area that she believes the juvenile victim was being deceitful during the interview," he said.

Abood said prosecutors denied defense attorneys' requests to allow Rogers to examine the teen. He agreed, however, not to attempt to elicit testimony from Roger regarding her belief that the teen is lying.

Weber, 29, faces murder and kidnapping charges in the slayings of Gautier, 38, and her 15-year-old son, Anthony, at the family's home at 700 N. First St. If convicted, Weber could face the death penalty.

Defense attorneys were expected to have decided by today whether Weber will testify, Abood said. If Weber doesn't take the stand, Rogers' testimony would conclude the defense phase of the trial.

Dr. Raymond Kelly, a forensic toxicologist, testified on Tuesday that Gautier had a "large amount" of methamphetamine in her system at the time of her death.

Kelly estimated that Gautier had used about 10 doses of the drug over a course of about 12 to 24 hours prior to her death.

Methamphetamine, a stimulant similar to cocaine, increases heart rate, body temperature and blood pressure, making the user combative and violent, he said.

"Users of methamphetamines are more likely to be the victims of violence based on their own behavior," he said. "You have less regard for your own life. If you go high enough, you can kill yourself with this drug."

Under cross-examination by Deputy District Attorney Robert Daskas, Kelly said he didn't disagree with the prior testimony that Gautier was killed by an injury to the head with a blunt object.

John Bruns, Weber's uncle, testified that he when he visited Weber and Gautier from Chicago in March of 2002, an incident with the couple's roommate left him fearing for his life.

Bruns said a man who had been living at the house became angry when Weber called him a name. The man then pointed a gun at Bruns, Weber and Anthony Gautier, he said.

"The guy went off the handle," he said. "He threatened to blow our brains out and kill us."

Weber called Kim Gautier, who came to the house and took the gun from the man, Bruns said. He said Weber had also called police, but by the time they arrived the man had packed his bags and left.