Fri, Nov 27 2009
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3-year old murder case ends with plea BURTON SPEAKMANGlasgow Daily Times Xaysana said although her brother had done some things wrong, it wasn’t necessary to kill him.
“Kelly wasn’t violent. He wouldn’t fight,” she said. Johnson had been living and working around Nashville for the last few years before moving back to the Smiths Grove area shortly before he was killed, Xaysana said. “He came back and a few months later he was dead,” she said. This was a circumstantial case, said Willis. The goal in this case “had always been more about keeping them off the streets and these plea agreements did that.” The lesser plea for Asher was offered because the jurors from the initial trial stated they were more comfortable finding Asher guilty of tampering, Willis said. They were not convinced he was directly involved in the murder. “We have to listen to that because those are the people who sat through nearly two weeks of evidence,” he said. “We’ve always thought Mr. Freeman was more involved.” There was some DNA evidence tested between trials that came up negative, Willis said. There were some other pieces of information that were dead ends. “If we would have been holding four aces this is not what would have happened,” he said. “Mr. Asher and I are relieved to have this case behind us,” Renn said. The plea deal that Asher accepted was the same one that had been presented to him three years ago, Willis said. Renn said he could not confirm if the plea agreement had been presented before, but added if it had it would have contained a requirement that Asher testify against Freeman. Asher could not testify truthfully that he or Freeman had been involved in the murder, Renn said. 
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