OPENING STATEMENT
   by Sherman Powell
 May it please the Court, members of the prosecution staff and great State of
Alabama Attorney General's Office.
   I would like to take this opportunity to tell you a little bit about what we expect the
evidence in this case is going to show you or the lack of it.  Now, we don't think the
evidence in this case is going to show what Mr. Dill told you in his opening
statement.  I hope you write down everything he said.  Write every bit of it down the
best of your memory and keep up with it.
   We think the evidence in this case is going to show you that on March the 12,
1999 that Karen Tipton was probably there at home alone that morning when her
husband and children went off to work and school.  We also expect the evidence to
show you that on the day before, on Thursday March 11th, 1999, that the Tiptons
had their driveway paved, that there was a crew of five different men.  Hoke Bonner
was the ramrod of it and four more people there working.  There was a dump truck
driver that was bringing asphalt to the scene to pave it.  We expect the evidence is
going to show you that on Thursday March the 11th, 1999 that these people went
there and paved that driveway where Karen Tipton and Mr. David Tipton lived along
with the two girls.  We also expect the evidence will show you that late in the
afternoon of March the 11th of 1999 that they completed most of the driveway at the
Tipton residence, and we expect that the evidence will show you that the next door
neighbors, the very next door neighbors, the Chances, whose driveway goes right up
by the Tipton's house, right by the garage and behind their house where the Chance
house is, also empoyed the crew to pave their driveway.
   On March--I'm getting ahead of myself.  On the afternoon of March the 11th,
1999, after they basically completed the driveway at the Tiptons they went over and
made preparations to start paving on the Chance driveway.  We expect the evidence
will show that this paving crew or at least two of the members of that paving crew
were there working on that driveway in broad open sight of the Tipton's house, front
and back, and especially the side the garage was on all day.  We further expect the
evidence will show you that Hoke Bonner and two of the men went to eat lunch and
left two of these people there.  I think the evidence will show you that these people
were all from up north, Indiana, Illinois, way off up north.  We expect the evidence
will show you in this case the truck driver, the dump truck driver that was delivering
the asphalt when he came back the second time and this was about 2:15 and, you
know, they say they are going to prove that Karen Tipton was killed between--let me
go back now and look--1:00 and 3:30 on this date and we expect the evidence form
this man will be that he saw one of the members of this paving crew on a Bobcat or
skid stick come from right up at the Tipton residence where they finished up the day
before, coming right from the Tipton residence. Said he came down that driveway at
a high rate of speed on this skid-steer Bobcat, hit Chapel Hill Road and came over a
few feet it was and zoomed right back up there on the Chance driveway.  I think he
will testify that he looked in the bucket of that Bobcat and he saw no material and
no tools.  I think also that the evidence will show that this gentleman knowing that
that guy had on one kind of shirt that morning and that afternoon he had on a
different one.
   We expect the evidence is going to show you that some of the members of this
crew said they saw a truck at the Tipton's home that afternoon at least an hour,
probably much longer before the police got there.  We expect the evidence will show
you that when the police did come there that the crew was back over here cleaning
up the acorns and little mess and paper in the Tipton driveway and they were right
there in the Tipton driveway and that they were there for a good while before the
police got there and that Dr. Tipton's truck was already there.  Was already there.
   We expect the evidence in this case is going to be from a neighbor out there that
on this afternoon for many hours earlier in the afternoon that they saw a S-10 white
extended cab super truck.  S-10 Chevrolet super-cab pickup truck sitting right there
where it normally sits in the Tipton driveway by the white van and a white Explorer
and they recognized it and didn't think anything about it because this was the truck
that Dr. Tipton drove.
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