In criminal sentencing trials, character witnesses provide testimony about the defendant's personal qualities, relationships, and background to help the jury understand the human impact of the crime and consider mitigating factors during the penalty phase.
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Sean’s Mom & Grandma Fight Through TEARS in CourtAdded:
Then I have other >> Thank you.
>> Just make sure you talk to the mark.
>> Okay.
>> You may proceed. Thank you, your honor.
Good or morning. All right. Good morning, ma'am. you please state your name for the record and make sure you move up to that microphone because it's hard to hear sometimes.
>> Lisa Gather.
>> Spell your name for our court reporter.
>> L I S A G A T H R I G H T.
>> And Miss Gather, how what is your relationship to Shawn Gasight?
>> He's my grandson.
>> So, is his father your son?
>> Yes, he is.
>> And can you tell me a little bit about your relationship with Shawn? Obviously, you're his grandmother, but are you close with Shawn? Have you been his whole life?
>> I' been very close to Shawn ever since he was born.
>> Have you been involved in his life since he was young?
>> Yes. His parents were both in the military and they were deployed and there were times when both of the kids stayed with me for extended periods of time. We he went to school in the town where I live. And >> where do you live?
>> I live in Oxford, Mississippi. And did you live there when he was growing up as well? You've been there?
>> Yes.
>> Okay. So, he would come and stay with you um you know, live with you and go to school.
>> Yes, ma'am.
>> And can you tell us a little bit about Shawn as a child? What was he like? What was his character like? How did he behave?
>> He was a fun kid. He has a great sense of humor, a wonderful personality. He's just all around good. Good kid.
>> Did he get in trouble?
>> No.
>> He was very wellliked by everyone around us. the neighbors all liked him.
>> How long do you think or I know probably different time frames with the with the parents being deployed, but how um you know, give us kind of an idea of how long he would be living with you or >> Well, there had been times where they were there for a whole school term and then for the last like when he was in high school, he was with me for about a year and a half.
>> Okay. Um would you spend holidays or birthdays, things like that together when he wasn't living with you? Yes, we did a lot of traveling together on the holidays and I was always there with him whenever I could be.
>> And we heard yesterday about Sean traveling overseas um with some programs that he was involved in. What do you know about that?
>> Uh the first time that he went u I went with him and we went to um Ireland and Scotland and we had it was a wonderful very educational trip.
Did Sean like to travel?
>> He loves to travel. And >> how was he in school?
>> Very good. He made good grades. He was not a any kind of a problem student or anything.
>> What um what kind of interest did he have if you can remember? Was he into sports or music or >> He was in photo he liked photography. Um he was very into photography and he he started a couple of his own little businesses. He was detailing cars and um pressure washing people's houses and he bought his equipment with money that he had saved from jobs that he had worked >> with his parents being deployed and having to live with you and go to school and then he would leave. How did he adjust to that? Were there any issues with it?
>> He adjusted very well. I think he felt like my home. Well, he knew it was his home and he felt very comfortable and at ease there.
>> And what about your son? It's his father, Sean's father. What was his relationship with him like?
>> Uh, volatile.
>> What do you mean by that?
>> Uh, physically and verbally abusive.
>> At what ages?
>> Um, early teens. Well, probably before that.
Um, >> what would he do? What kind of what do you mean by volatile? What would happen?
>> Um well, one time Sean was out in California with his dad and his dad called me and he was in a panic and he said, "Shawn has ran away." And I said, "What are you talking about?" And he said he went in the bedroom and he was gone. He had opened the window and it was a first floor apartment and he got out and he went to the park with his suitcase and I called Sean and I said, "You know what? What's going on?" on and he told me that they had had a fight and that my son had physically abused him and um I you know I talked to him and I tried to calm him down and I convinced him to go back to the apartment and stay there and then we made arrangements not long after that for him to leave from California and come back to Mississippi or Florida.
I can't remember which one.
>> And why did you have him go back if his father was physically abusive?
>> Well, he he was I'm in Mississippi.
[clears throat] He's in California. Um, my son was remorseful. He's always remorseful at the time, but the behavior still continued.
And I just felt like at the time that's that was the only thing I could do myself is to get him to go back.
>> You didn't have anywhere else to go in California?
>> Yeah.
>> And was that the only time that anything happened or did that seem to be kind of the basis? No, we were out in California visiting one time and uh my son has another young younger son and we were at the pool and the his little brother kept splashing water on him and Sean kept telling him to stop splashing and even his mom told him to stop splashing.
Well, he continued and uh so Sean splashed water back at him and my son saw that and he went into a rage and um just ruined the whole, you know, the whole time together.
Um one time we were out there and he um physically abused his uh daughter. He slapped her.
>> Is Sean's sister Nvia his daughter as well?
>> Yes. [snorts] >> Do you still have a relationship with Sean's father? No.
>> For those reasons?
>> Yes.
>> Um, do you think that that had an impact on Shawn or did he have other male role models in his life?
>> My late husband was a wonderful role model for Shawn and Shawn loved his papa and um there was a lot of uh men in the church community that that took Shawn under his w their wings and me tried to mentor to him.
Um, my neighbors, one of my neighbors, they they just they all love Shawn. [snorts] >> I'm going to, your honor, I can approach the witness >> um with defense one A through Q.
>> Okay.
>> Just going to show you these um it's a composite one A through Q and just tell me details. Just do you recognize these?
>> Yes.
>> Okay.
>> Yes.
>> And I'm just going to ask you a few questions about this, your honor. At this time, I would ask to move these into evidence and be display them for the jury. [snorts] >> Any objection?
>> No objection, your honor. Okay.
>> I'm just going to go [clears throat] through some of these photos and if you can just um tell us what you remember about them. I'm showing you nothing. Thank you.
>> This is one A.
>> That was when we were in London.
>> And who's in this photo?
>> That's um Mr. Edwards, uh Sean's guidance counselor and his sister Nova.
>> That was in London. And you were on that trip?
>> Excuse me?
>> It was in London, you said?
>> Yes.
>> Okay.
>> What about this one? Do you remember where that one was?
>> I wasn't on that trip, but that was in when he went to South Africa >> with Mr. Edwards again.
>> Yes. Yes.
>> You think this might have been around the same time?
>> That that looks like the same trip.
>> South Africa.
>> Yes.
>> And that would be the same trip.
>> Okay.
>> Sorry, these are all a little bit different.
>> Is that Sean there?
>> Yes, that's Sean.
>> How old do you think he was in that picture?
>> Probably maybe 16 or 17.
That was one E. Sorry, lost track.
>> That looks like that was in Scotland.
>> Did you go on that trip with Sean?
>> Yes.
>> And that's Mr. Edwards again?
>> Yes.
>> Okay. Um, how old was Sean there approximately?
>> Probably 15.
>> That was one of those trips through the program with his school.
>> Yes.
That that looks like the Africa trip.
>> They because they were involved with some humanitarian work there.
>> Yes. And how old how old did you say anything Sean was?
>> I think he was 16 or 17.
>> Same there.
>> Mr. Edwards again.
>> Where is this one? That's in um Ireland.
>> And is that Sean here?
>> Yes.
>> And then I don't Do you know the other people or that was just >> I don't know any of those other ones.
>> Were you on that trip with him as well?
Yes.
>> How old do you think Sean was there?
>> I think 15.
>> That was one J.
That might have been South Africa again, >> I believe. So, >> they took a lot of photos without you, huh?
What about that one?
>> That was on a a cruise that he and Mr. Edwards took.
>> Where did they go on that cruise?
>> Uh, they to the Caribbean. I'm not exactly sure of what islands they went to. Um, and how old do you think Sean was here?
>> Probably around 14.
And then this is a little bit blurry, but it's pretty in the background. Were you on this trip?
>> Yes.
>> Okay. I'll ask you where you went, although >> Paris.
>> Yes.
>> And how old was Seawn when you went to Paris?
>> I think around 16 or 17.
>> So, a lot of these trips were kind of in the same I know it was he was only certain grades at that school. Right.
>> Right. Um, so a lot of the trips were close together in time.
>> Yes, I think they traveled once a year to different places.
[snorts] >> Your honor, may I approach the witness again?
>> Yes.
>> Thank you. I'm approaching the defense through C. Show you these pictures.
Do you recognize these?
>> Yes.
>> Okay.
>> Yes.
>> Yes.
>> Thank you, your honor. asked to admit defense 3 A through C and publish for the jury.
>> Any objection?
>> No objection, your honor. That is >> okay. And Miss Gather, who's in this photo, >> Sean and I.
>> Okay. Looks like maybe holiday time.
>> Yes.
>> Tell me about uh why >> that was around Thanksgiving or Yeah, Thanksgiving.
>> Okay. And you kind of giggled when I showed you that. Was this a special picture for you?
>> I am not a very photogenic [laughter] person. I don't like my pictures.
>> But you look like you're having fun. Oh, he makes me smile.
>> Um, how old do you think Sean was there?
>> He was probably 16 or 17.
>> And I'm going to show you 3B. Who's in this photo?
>> That was Nia and Sean and their dog.
>> He loved those dogs. He used to put clothes on them, their stepdad's clothes.
>> And how old do you think Sean and Nva were there? Um, probably he was probably 11. 10 or 11.
>> Looks like there's another little dog over here. Maybe. Yeah. Is that your dog?
>> No, I had a German Shepherd.
>> They were all theirs. Okay. And then this last one you provided to us just We've heard a lot about Sean and his businesses. Um, what is this?
>> That was when he would do uh detailing of cars.
>> He was this like a little flyer that he would >> Yes. He made up all these all of his advertisements.
What would you say Sean had a good work ethic?
>> He had a very good work ethic.
[snorts] >> One time we uh we live about two miles from the country club and Sean was working there and he would sometimes ride his skateboard. He would take the back roads and ride his skateboard to work and it was hills and up and down.
It was it was not an easy task.
Miss Katherine, I know your grandson um it seems like you had a pretty pretty good relationship with him and you said he makes you smile. What do you want the jury to know about him and his character?
>> He he's um just a very funloving person.
He He loves food. He loves to eat. We were on a trip out in Texas one time and we were in Grapevine, Texas and I was in a shop and we were getting ready to leave and the clerk asked if there were if we had any more questions if we needed to know anything else and he said yes, where's a good place to eat? And uh that was the kind of things that he would talk about. And um one year at um it was New Year's Eve and we I have a pool and every year we have this little contest and it's to see who was going to be the first one in the pool for the season and then who's going to be the one that stays in the longest. So it was about two minutes before midnight and Sean jumped in the pool in December in Oxford and it was cold and so he got out and then about a minute after midnight he jumped in. So he's his record has stands. It can't be broken. Is the last one in and the first one in?
>> Right.
>> Okay.
Your I have a moment.
>> Yes.
>> I'll pass the witness.
>> Okay.
>> Miss Catherine, it sounds like you had a loving wonderful relationship with your grandson. Is that right?
>> Yes, ma'am.
>> And I know that you have talked about your son and his relationship with Shawn um was not a good one. Is that correct?
>> That's correct.
>> Fair characterization.
>> That's a fair statement that they did not have a good relationship.
>> Sean didn't live with his father though.
Is that correct?
>> Just for maybe a month or so at a time.
>> It was visits and at most a couple of months. Is that correct?
>> And because of the nature of the relationship, Sean would not stay with him. Is that correct?
>> That's correct. Correct. Sounds like you and your husband provided that alternate home whenever his mother would be off overseas.
>> Yes.
>> And you and your husband, your late husband, um were very supportive and loving to him during that time. Is that correct?
>> Yes, ma'am.
>> And you've told us that he also there are members in your church that were also there to provide him with support and mentorship.
>> That's correct.
>> You felt that was important that he have that support. Isn't that true?
>> Yes. You also gave him the gift of travel, the love of travel. Is that correct?
>> Yes.
>> You went on many trips with him.
>> Yes.
>> Not just to um the photos that we saw there, Scotland and Ireland. Isn't that true?
>> That's true.
>> There were other trips as well as in the United States. He traveled a lot with him.
>> Yes.
>> He also had a loving, supportive relationship with his sister. Is that correct?
>> Yes. And from the time that he did have a relationship with his stepfather, Brian Harrington, that was also a very positive, loving, respectful relationship.
>> Yes.
>> I have nothing further, your honor.
>> Be excused.
>> Okay. Thank you, ma'am. You're free to go.
>> Thank you.
>> I think you're a little more photogenic than you give yourself credit.
>> All right. And who's gonna be your next witness?
Do you swear that the testimony you're about to give you?
Okay, you may proceed.
>> Thank you, your honor.
>> Good morning, ma'am.
>> Good morning.
>> You please state your name and spell your name for our court reporter.
>> Damali Lyall. D A M A L I E L Y L E.
>> Just make sure you speak up. Sometimes it's hard to hear. Just get close to the microphone if you can. Okay. Miss Lyle, how are you related to Shan Gthright?
>> Shawn is my son.
>> So, we've heard a lot about Shawn as a child. What do you want the jury to know about your son?
>> I'd like the jury to know that my son is a hardworking person, a hardworking young man. He's intelligent.
He's driven. He has a wonderful work ethic. Um, I want the jury to know that this is not I believe what has been presented is not my son.
>> Yeah. I'm going to sustain the objection. Listen, um, I tell you what, I'm going to I need the jury to step up.
>> All right.
>> [snorts] >> Are you >> all?
>> Okay. Okay. So, Miss Lyle, um I just want to first acknowledge that I recognize this is very stressful for you. It's scary, but um the jury has determined your son's guilt. That issue's been settled.
We're not going to revisit that in front of the jury. So, um I just want to encourage you um with regards to your penalty phase testimony. The best thing you could do for your son is just express all of the wonderful characteristics about him, okay? And how deeply you love him and how deeply he's loved by his family.
>> Um, this is not the time to be readressing any of the facts of this case. Um, so all right, I just want to make sure that's clear because I I don't want I want to allow Miss Finkelstein the chance to ask you the questions she wants to ask you and for you to relay this important information to the jury.
But if we start going sideways into issues that are not pertinent to this phase of the trial, then the state's going to have to object. I'm going to have to rule. And then it it just really um it lessens the impact really.
>> I just have one question. If I say, well, what I was going to say is this is not the son that I know is part of the >> That's fine. I think um and I think because you did testify previously in in the uh codefendants case >> um I think um just based upon that I suspect the state's a little concerned that we're going to start heading >> down and so um just just as long as we all understand what we're doing here then it should be fine. Okay.
>> Okay.
>> And I can kind of guide you through it because you said presented and then that seems like evidence and we don't want to talk about the evidence and things like that.
Okay.
>> All right.
>> All right. Sounds good. All right. Let's bring the jury back in.
>> Okay. I tell you what, let's Okay, let's go ahead. We'll just take our own quick uh five minute comfort break. Okay. So, this law, we're just going to take a restroom break since there's a number of jurors that are using the restroom. And so, you are welcome. You can stay there, but you don't have to, but um because you've not yet been cross-examined, if you step down, you can't talk to anybody at all about anything related to this case.
>> Okay. You said it was a five minute break.
>> Yeah. Five to 10. So, yes. Okay. Well, I'll >> Yes. It's up to you. You can stay or you can step down. It's fine. The most important thing is you just can't talk to any She I can see she's trying to keep her composure.
Um tears.
I think grandma is in the um in the gallery too. Yeah. Okay. There's my grandma.
I think his sister is also going to testify.
Yeah, he going to have a hard time.
Uh, she been in court every day, too.
This young lady here, um, she been in court every day, too. I don't know who she there for, but I'm assuming she must gonna speak for somebody because she been there every day.
>> Council's back. Witnesses on the stand, so let's go and bring in our jury.
>> Yes, sir.
>> Sure.
Okay, very good. Welcome back everyone.
Have a seat. And Miss Finstein, you may continue.
>> Thank you, your honor. L.
>> Yes, ma'am.
>> You comfortable?
>> Yes.
>> Okay. Get in there and get microphone.
So, you were telling the jury what about 's character. Um, do you want the jury to know how is he as a son?
>> As a son, he is a sweetheart. He uh he's helpful. He's considerate.
Uh he's think about what he can do to make somebody smile or just to help out in in any way. Um he's been so caring and thoughtful for me even though that's my job [snorts] is mostly to take care of Sean but um you know he's grown into the person who's like mom really and he like kind of reels me back. He's um he's mature in that way. He's very mature.
>> We've heard a lot about um you were in the military, right?
>> Yes.
>> Okay. And what branch?
>> I was in the Marine Corps.
>> You moved around a lot when Sean was younger.
>> We did. Yes. How do you think that he adjusted to that?
>> Um, I think it made him um he he he never became someone who would chase popularity or have a large group of friends. Uh the friends that he does have, uh it's it's a small circle and they're very they're very close to each other. um on a Friday or Saturday night, you wouldn't find him out at a club or hanging out or anything like that. You most likely find him and his two or three best friends, you know, sitting at my house, talking about who knows what all night long. And I'd get, you know, wrapped up in there and and they'd have debates. And it was it was something that was so nice to see in you know young men of this day and age where um it wasn't just about music or it wasn't just about superficial things like they really had real deep meaningful conversations.
>> Is Nehemiah tutor? Is he one of those friends?
>> Yes.
>> We we talked to him yesterday and he was kind of sharing some of some of the things that they would do. Um and that was when you were in Jacksonville, right?
>> Yes. When did you give us kind of a time frame? We've heard about obviously traveling in the military. We've heard about living in Mississippi. When did you guys move to Jacksonville?
>> We moved to Jacksonville in 2016 after I retired from the Marine Corps.
>> 2016.
>> Yes.
>> Okay. And did you stay there consistently till now or?
>> Yes. Yes.
>> At any point did Shawn move from Jacksonville?
>> Yes, he moved from Jacksonville. Um, I want to say it was 2020 or 2021. He moved out to uh California with his dad >> for a while.
>> I'm sorry. Go ahead.
>> How long was he there?
>> He was there for approximately, I would say, a year and a half, two years.
>> What was his relationship like with his biological father?
>> Um, it it wasn't a good relationship. um my experience with their father uh which is the reason the main reason why we were divorced.
um he had a very volatile um temper and I think as Shawn grew older uh I don't think he's the kind of person who would see like another um confident male even if it is his son maybe he was threatened by the person that Shawn was becoming but Um, in my opinion, their dad was um pretty insecure. So, >> did it seem to be more volatile as Shawn got older? Like, not when he was a little kid.
>> As Sean got older.
>> Yes.
>> What about Shawn's behavior? Did you have behavior issues with him? Did he have to be punished a lot?
>> No. Sean was Sean was such a good kid. No. Um he hardly he was he was mature.
He was you know so like he could be serious and really understand um what he was supposed to do. It didn't mean he always did it. He you know uh he did the usual kid things. You had to tell him two or three times, hey go clean up your room, do the dishes, stuff like that.
But he never made a big fuss about it.
Um we didn't really have any arguments.
And um we had one argument uh and I think it was it was more just about frustration about um trying to figure out Oh no, here we go. So when he started college the first semester, >> where'd he go to college?
>> He went to FCJ. So the first semester um I paid for the first semester and everything and he you know went to but his grades were not that good. Like he was doing I think it was like C's and stuff like that. And I said, "Hey, if you don't I was like, I'm not paying for another semester. You're going to have to pay for it." So, he started working and he completely turned his grades around. And I was like, you know, when when you have investment in, you know, your own thing and mama mama's not paying for it and you got to use your own money for it. It really I think it really gave him like a kick in the butt to uh to realize that hey you gotta gotta take this seriously when you're the one who's >> where was he working to pay for school?
>> Um he worked a number of places. He worked at the Omni Hotel, one of the restaurants there up in Ameilia Island.
Um but he also did his pressure washing and photography. Um he did social media for a few of the clubs here in Jacksonville. He did um uh what do you call it? Player highlight reels for basketball players. Um and uh like team it was like a flag football. It was like a youth football league for a park.
>> He did a highlight reel for that. And when the like the director saw the highlight reel that he did, they asked him to kind of become their overall like media person. So the players would pay him like $25 to take photos of their, you know, highlights during the game or like $50 for like a video and he would put that together.
>> That was his own little business.
>> That was his own little business. Yes.
>> What was he What did he go to school for? Do you remember? What What did he start?
>> Um he wanted he got into um media when he was at Julia Landon.
And I had no idea that that would become such a passion of his, but he at first he wanted to be a news anchor. And then um he decided that he just wanted to get into film and photography. So he wanted to go to the LA film school and he wanted to get into, you know, doing filmography and things like that.
>> Would you describe Sean as being driven?
>> He is. Yes.
And what was his relationship like with his um siblings or any other family members?
>> Uh him and his sister, they're very close. Um even though they were two years apart when they were little, people thought they were twins because they looked so much alike. Um, of course they had their disagreements, they had their arguments and everything like that, but at the end of the day they were so completely loyal to each other that it was it was a beautiful thing to see how they stuck up for each other.
Even though at home they tell each other to like shut up and get out of their rooms and stuff like that, but outside they're they are so loyal and so loving with each other.
>> You described earlier that Shawn was helpful. Would you say that he's somebody that likes to help others?
>> Yes. Yes.
>> Um, do you think that he could be a good mentor?
>> Oh, absolutely.
>> Absolutely.
>> What about your relationship with Sean now? I mean, obviously you were close with him growing up and he lived with you, you know, when when you weren't deployed mostly, but have you maintained a close relationship with him as he's gotten into adulthood?
>> Oh, yes. Yes, I have. He's become he's become the the the the cool logical head that like I said that's like mom no I don't think this is a good idea.
>> He's still supportive of you.
>> Oh yeah. He's still supportive of me. Um just as I was supportive of him as ever.
He's my he's my boy.
>> And will you continue to have that relationship with him moving forward?
>> Oh, forever. Forever.
May I have a moment?
>> Yes.
>> I'll pass the questions. Just briefly, >> Miss Lyall, um, your son also went to community college. Is that correct?
>> Yes. FCJ.
>> Yes. And besides that brief period of time where he wasn't doing so well, he normally was a good student. Is that correct?
>> Yes.
>> And he traveled a lot throughout growing up?
>> Yes. As a part of being in the military and also >> with you, he traveled as well.
>> And you said that he had a close group native of friends. Is that correct?
>> Yes.
>> And later um while he was living with you, one of those close friends was Isaiah Chance. Isn't that true, ma'am?
>> Yes.
>> And you didn't have any concerns about his close relationship with Mr. Chance.
Isn't that true?
>> That's true.
>> I have nothing further, judge. Okay.
Redirect.
>> Okay. May this witness be excused?
>> Okay. Very good. Thank you, ma'am.
>> All right. And who's going to be your next witness?
>> Okay.
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