The Police News

November 4, 2009
Reported by Joan Meidam

This morning's testimony ushered in the defense phase of the trial of Royce Zeigler. The first witness called by the defense was forensic document examiner Gabriel Watts. With regard to the document "Rules For Riley" Mr. Davis asked Mr. Watts if he could tell who wrote the numbers next to the phrases written down next to them. The witness testified that he had to take a conservative approach with regard to the numbers because numbers have writing characteristics of a lot of people. Mr. Watts then stated that he didn't know who wrote the "@" either.

Mr. Davis asked the witness if he thought the rules looked like 'guidelines.' Mr. Watts answered they could be guideline. Mr. Davis then asked the witness if he noticed a lack of repercussions on the list and the witness answered affirmatively.

Mr. Zeigler's suicide letter was addressed again. The attorney for the defense asked the witness why there were three different types of the letter 'g' attributed to the defendant. Mr. Watts responded that the differences are explained as 'natural variations.; The variations depend on connecting letters and individual writing habits. The witness also stated that stress could possibly effect someone's writing.

Mr. Davis then questioned the witness as to the bottom half of the defendant's suicide note and why it was of limited clarity. Mr. watts stated that perhaps during the process involved of exposing the writing that not enough toner stuck to the indentations. The witness also stated that he did not make a final determination as to whom wrote the bottom portion of the suicide note.

Asst. DA Allen then addressed the court and told Judge Garner, that the State would agree to the stipulation that Kim wrote the bottom half of the note. The witness also testified that from the writing he cannot say who wrote their suicide note first.

A spiral notebook was shown to Mr. Watts. The witness stated that he had not seen that notebook before. When asked by Mr. Davis if he could look at the writing now and give a 'field opinion' on whose writing he thought it was; Mr. Watts said that the notebook would need to be submitted through established channels. Proper evaluation using specific lighting and magnification would be needed to meet quality assurance standards.

Asst. DA Allen crossed examined Mr. Watts. Through his testimony the jury learned that although the witness had not seen the notebook before, that he still had enough other samples to evaluate Kim's handwriting. Mr. Watts also stated that he didn't know the origin of the notebook or the truth of its' contents.

On re-direct Mr. Davis asked the witness if the notebook had been sent to him, could he tell if it was Kim's handwriting? Mr. Watts replied that he possibly could do so with the right exemplars.

Ms. Allen then questioned the witness and asked him when he received the latest submission of writing. Mr. Watts answers on 04/23/08, from Royce Zeigler.

Mr. Davis then asked the witness had he gotten the notebook between August and now, would he have had time to evaluate it? Mr. Watts answered, yes, he thought so. Next, Mr. Davis asked the witness, had the authorities turned this over between August and now would he have had time to evaluate it? The witness answered yes, given a reasonable amount of evidence.

At that time Asst. DA Allen and DA Sistrunk said that if the defense wished to submit the notebook as evidence, they would agree.

Mr. Davis addressed the court and advised the jury that he did not wish to introduce this notebook into evidence using this witness.

The second witness for the defense was Reed Emerson. Direct examination of the witness was performed by attorney Dena Fisher. Through Ms. Fisher's questioning, testimony revealed that the defendant and Mr. Emerson have been best friends since high school. Mr. Emerson also stated that he was friends with Hiram; that he knew the entire Zeigler family and spent a lot of time at the Zeigler's house.

The witness testified that he met Kim and Riley on the night that they flew into Houston. Mr. Emerson stated that Royce had called him a few days earlier and told him he wanted the witness to meet his girlfriend, but he had not mentioned Riley. The witness stated that Royce, Kim and Riley stayed for about an hour. Additionally, he testified that Riley was hungry so he fed her some fish sticks and tater tots. He also stated that Kim had no diaper bag and she needed a diaper for Riley so the witness gave her one.

Mr. Emerson recounted a Memorial Day Cook out at his home which included Royce, Kim & Riley. He stated Riley was playing on the driveway, slipped and skinned her knee. He and Royce went over to comfort Riley while Kim sat on the sofa that was in the garage.

Mr. Emerson recounted another get together with himself, his family, Royce, Kim Riley and the defendant's mother, Nellie; at Chuckie Cheese's. He stated that once again, Kim had forgotten to bring a diaper bag for Riley.

Other testimony by the witness revealed that the work atmosphere at the office where Mr. Estes worked was high school-ish and clique-ish; that everyone there stuck to their own group. Further testimony of the witness revealed that he didn't think Kim was a very good mother and thought that Royce rushed into the marriage because he was eager to start his own family and move on with his life.

Mr. Emerson also stated Royce was good hearted and shy; the type of man to protect his wife and unborn child. He said that he did not believe the defendant could kill a child. On cross examination the witness was asked very pointed questions about the defendant being good hearted when he dumped Riley's body off the bridge.

In closing Mr. Emerson stated that he had seen the defendant interact with Riley in a loving way and that Riley called him 'daddy.'

On cross examination, the witness revealed that he was unaware of the defendant having a bad temper.

The witness was then excused.

Afternoon Testimony

During the afternoon testimony, the defense called the following witnesses who were friends of the defendant and sometimes coworkers.

Melanie Allard- Testimony revealed Ms. Allard never met Riley or Kim. Ms. Allard stated that she was recent law school graduate and currently works for the District Attorney's Office in Brownsville, Texas. Her parents live across the street from Nellie and Royce, Sr.

She testified that she first met Royce in 2001 and that her family and the Zeigler family are close, visiting each other often and eating together. She further recounted that when in college or law school, she would interact with the defendant either by just hanging out, going to get something to eat and spending the Holidays there.

Ms. Allard recounted an incident when she was moving and both Royce and Hiram showed up to help her out of the blue. She stated that in general, Royce was a very helpful person and would do anything to help a friend; describing him as shy, trusting, even gullible and easily manipulated. She last Royce shortly before Thanksgiving and was shocked to hear about his involvement in this case. The witness stated that she still can't believe it, as Royce is such a sweet, caring person.

Cross examination of Ms. Allard, went over a time line of her schooling and where she resided at the time. When asked that it didn't appear that she spent much time with Royce, she stated that they would hang out when she would come to visit. The witness further testified that she was unaware of any pressures on Royce; would hear things about him from her family 'but nothing major.' She had no personal knowledge of the relationship between Royce, Riley and Kim. When asked how she can think Royce sweet, considering the gruesome circumstances, the witness said she just simply doesn't believe the story by how she knows Royce and his personality.

Donato Musto - This witness testified to being a high school friend of the defendant and his brother Hiram. He stated that for years he would hang out at the Zeigler's house, play video games but also attended family celebrations and Holidays.

The witness described the defendant as a 'sissy' but was a really nice guy who would do anything for you. He testified to an incident when Royce was beat up in school and was at home crying. He recounted an incident when he needed a ride and Royce immediately came over. He further testified that round girls, Royce was shy; that he didn't have many girlfriends and was more of a home body, who liked to play video and computer games and hang out.

He said that when he found out about Royce's involvement in this case that he was shocked because the defendant was not the type of guy to murder someone. Mr. Musto stated that he thought Royce might cover something up out of fear. He also testified to never meeting Kim or Riley.

On cross examination DA Sistrunk asked the witness about the incident when Royce was beat up. He asked Mr. Musto if Mr. Zeigler had gone to the hospital with 3 skull fractures. Further cross of the witness revealed that Mr. Musto never discussed stressors with Royce, to which the witness answered, no.

Upon re-direct Mr. Davis asked the witness if he was interviewed by any law enforcement agencies about Royce and this case. Mr. Musto answered, no.

Sherry Peralez - The witness is a Senior Analyst at SCI, who stated that she worked with the defendant and knows both he and his family. She testified to meeting Royce in 2005 and seeing him on a daily basis due to the fact that they worked on the same floor for over a year. Ms. Peralez testified to seeing Mr. Zeigler, at least five times a week.

Further testimony of the witness revealed that Royce was always on time for work; was very diligent and very dependable. He was well liked in his department. The witness further testified that the defendant's mother, Nellie worked at the company also and that was close with her too. Ms. Peralez further recounted spending weekends at Nellie Zeigler's home and would attend family functions including Holidays there. She stated that she and Royce were not dating but had a good, close friendship. She said that if she had a nickname for Royce it would be "Teddy Bear."

The witness recounted hearing about Baby Grace and stated that it made her sad and was nothing that she would ever had imagined. She stated that she saw pictures and read accounts of the case and that it was "Not even close to the Royce, she knew."

Cross examination by Ms. Allen revealed that the witness met Kim in passing, once.

Re-direct by Mr. Williams explored that passing meeting a little more. The witness stated that she was at Nellie Zeigler's house with Nellie and they were going out to get something to eat. Royce and Kim showed up and had a brief conversation with the witness. Ms. Peralez stated that as a result of that meeting she felt that Kim was stand offish and believed that people are generally more engaging than Kim.

Kathryn Nelson - Ms. Nelson testified to being a close friend of the Zeigler family for the past 12 years. She stated that she and her family attended Zeigler family functions and Holidays. She had met Nellie Zeigler at work when the boys were approximately 10 -12 years old.

The witness went to further testify that she worked with Royce for approximately two years, where she saw the defendant everyday. Ms. Nelson stated that Royce was very well liked and interacted well with both clients and coworkers. She felt that Royce was thoughtful and a gentlemen. Further testimony of the witness recounted her leaving her own children in the care of Royce as well as Hiram on several occasions and there were no problems. Ms. Nelson also stated that Nellie Zeigler was a warm and gentle backbone of the family.

Ms. Nelson testified to meeting Kim at a hospital and was surprised that Royce had married so quickly. Kim told Ms. Nelson that she was pregnant but didn't seem to enjoy talking about the pregnancy and showed little joy. It was Ms. Nelson's impression that Kim was, "odd" and "socially unplugged." She further stated that her impression of Kim never changed.

Further testimony revealed that Ms. Nelson observed Royce as being shy in social situations and awkward around girls. She also stated that she never felt uncomfortable or creepy around Royce. When asked, she stated that if she were to give Royce a nickname, it would be "Gentle Giant," and that she never saw a dark side of the defendant.

On cross examination, Ms. Allen asked the witness that people change don't they? Ms. Nelson answered, that people can change but agreed that things in life effect how they do change, such as money problems and unruly children.

On re-direct, Dena Fisher elicited further testimony including that the Zeigler's were a very close knit family and that it would be important to Royce for his mother to like his partner. When asked if the Royce she knew could kill a child, the witness stated, no. With reference to the Baby Grace situation, the witness felt saddened because she believes that Royce really loved Kim and that the defendant was searching for someone to love him. Ms. Nelson also stated that the Zeigler family would not have picked Kim as a partner for their son.

When cross examined again by Ms. Allen and asked that if Royce was so close to his family, how could he have written that his family could go burn in hell. The witness answered that a statement such as that would be the result of stress.

On re-direct again, the witness testified that in her opinion from know the defendant, the note makes Royce appear very stressed. Ms. Nelson concluded her testimony by stating that she too was not interviewed by any law enforcement agencies. The witness was then excused.

Eldora M. Bunton - The witness first started he testimony by identifying the defendant. She went on to state that she worked with Royce, met him at work and was in charge of training him to perform his job at SCI.

The witness described the defendant as smart, paid attention and was easy to get along with. Ms. Bunton further testified that the fact that the defendant's mother worked at the same company had nothing to do with him keeping his job. She testified that the Supervisor would not have kept Royce there unless he could do the job.
Further testimony revealed that she worked with Royce for approximately a year and a half, saw him everyday and that she found him courteous and never late for work.

Ms. Bunton recounted a work situation when a cold front came through and the defendant left work, got antifreeze and filled up everyone's cars with antifreeze for them. She went on to state that Royce looked out for his co-workers and was good natured.

On cross examination the District Attorney asked the witness if she thought that the defendant would lie to family and coworkers, just as he had done with law enforcement. The witness stated that she doesn't believe he would do that. She also stated that she didn't believe that the defendant could hurt a child. The witness admitted to not spending any time with Royce, Kim and Riley and agreed with the DA that no one can predict future acts.

On re-direct Mr. McWilliams asked that if Royce did participate in the crime to protect his wife, does that sound like the Royce she knows? Ms. Bunton answered affirmatively, stating that Royce was always protective and thoughtful towards women. The witness was excused.

Evelyn Rollins - The witness testified to working with the defendant at SCI, as his direct supervisor. She described Royce as a good employee who knew what he was doing and did it well. Ms. Rollins further testified that she never found a problem with the defendants work. She also stated that she knew other members of the Zeigler family. She stated that Royce was eligible for rehire with the company.

Ms. Rollins further testimony revealed that she was very shocked when she heard of the Baby Grace case and Royce being connected to it. She stated that Royce was always one to lend a hand, was generous and cared more about others than himself. When asked, she stated that she would still socialize with Royce as she knows him to be kind, gentle, big and loving.

Ms. Rollins direct testimony concluded with her describing Royce as "A knight in shining armor wanting to rescue somebody."

On cross examination Asst. DA Allen noted that the defendant wasn't protective of Riley. The witness was excused.

The final witness for the defense was H. L. "Hub" Mayer, a private investigator who retired from the Houston Police Department in 2004, after 28 years of service. Mr. Mayer's testimony revealed that he had investigated several hundred murders.

The witness recounted that on 12/17/07 he accompanied Mr. Davis and his partner, John Coon to the defendant's house to look around the scene. Mr. McWilliam's handed the witness a spiral notebook and asked him if he recognized it. The witness replied in the affirmative and told the jury that when he went to the defendant's house, he found that spiral notebook in a box. He testified to photographing and documenting the find. Mr. Mayer maintained care, custody and control of the notebook until he turned it over to Mr. Davis. The witness further testified that the notebook is the same today as when it was found. Additional testimony from the witness revealed that the bogus CPS was found tucked into that notebook.

Upon further questioning, testimony revealed that the first two and half pages in the front of the notebook appears to be an alibi story written by Ms. Trenor, along with addresses of Riley's relatives in Ohio. Additionally a Map Quest map was found with directions to attorney Tom Stickler's office in Alvin.

Mr. Mayer was then asked if it was important to find out as much as possible about a suspects background. The witness answered affirmatively, stating that when there are conflicting accounts that one would talk to as many people as possible to find out what kind of people the suspects are. Mr. Mayer also testified that interviewing only volunteers could compromise objectivity and that investigating a long a history as possible should include interviewing friends, neighbors and people who have know the suspects for years.

Cross examination by the DA elicited testimony that it is not unusual for a person charged with a crime to try to cover it up. The witness agreed that both sides of a situation should be investigated and by doing so, is the fair way to do things. It was the witness's opinion that the 2 ½ handwritten pages was an attempt by Kim to save herself, stating that she wrote that entry in the third person. The witness was unable to tell if the document was created under stress.

Re-direct by Mr. McWilliams elicited testimony that the witness gets paid to do investigations and that he was not retained to perform a complete investigation due to money the defendant's money concerns. Mr. Mayer also agreed with Mr. McWilliams that if he were the lead investigator that he would have sent all evidence to be tested. The witness was then excused.

Testimony continues tomorrow.