Capital murder trial moves to jury recommendation phase

MOBILE, Ala. (WALA) - The day after he was found guilty of capital murder for killing his estranged wife, Michael Berry appeared in the courtroom again. This time, it was for the jury recommendation of if he should spend the rest of his life behind bars or face the death penalty.

The judge has the final decision in the sentencing phase.

PROSECUTION'S WITNESS

The prosecution called its second witness to the stand Thursday - Wendy Stevens’ mother, Jeanette Amos. Amos said after her daughter filed for divorce, she became worried for her safety.

She said her daughter told her: "If I ever wanted to get away from him, I would have to be careful."

Amos said she talked to Berry two hours before the murder. She said Berry was worried Stevens was going to put him in jail. When she found out her daughter was shot and killed later that day, she was devastated.

“Oh my God, he has killed my baby,” Amos recalled saying.

Amos raises Stevens’ children and said she does her best, but she can never replace her daughter. She said witnessing their mother’s death has been traumatic for Stevens’ children.

Amos said one of her grandchildren didn’t talk much in the beginning and was slow in school.

She said Stevens’ youngest child remembers vividly his mother's death. She said he puts covers over his head in covers and says, “Mommy’s dead.”

Amos said her last words to her daughter were, “I love you,” the night before her murder.

DEFENSE'S WITNESS

The defense called its first witness to the stand, Susan Wardell. She is a clinical social worker and a criminal defense attorney.

Wardell said she has been studying Berry’s case since 2011 and spent close to 250 hours conducting research and interviews for the defense. Wardell said in previous cases, she has explained how a person gets to the point of capital murder.

Wardell's testimony went into Berry’s early years and family background. She said Berry learned early on that anyone he loved was going to die.

In Wardell’s testimony she testified the following:

• Berry’s father disappeared in a boating incident at age 12. She said before his death he was “uninvolved” in Berry’s life.
• After his father’s death he lived with his mother, who was incapable of raising him alone.
• Berry’s sister contracted polio as a child and was handicapped. He later became her caretaker after his mother died of congestive heart failure.
• She said his grandmother passed away and both of his brothers died young - one of leukemia, the other from slipping on a dock.
• Berry’s cousin died from drug overdose after experimenting with a morphine pack.
• His uncle, who stepped in as a substitute father, died from an urinary tract infection in his 40s.

Wardell said Berry was not a good student and graduated high school at 20-years-old. He lived with his mother and sister until he was 32.

She testified Berry met Stevens at Sammy’s. She said he was quickly taken by her and they soon married.

Wardell said Berry accumulated $30,000 in debt from credit cards and wanted to declare bankruptcy. She said when Stevens learned of this, she said she wanted a divorce.

Wardell said when the two were separated in 2010, Berry became obsessed with maintaining his role as father and was affected by not seeing the children during the months leading up to Stevens’ death. She said he lost 70 pounds and slept in his truck.

The jury is expected to be charged Friday.

MORE TRIAL DETAILS

The murder of Wendy Stevens happened in May 2010. Officials say Berry shot Stevens to death in front of her four children. It happened at the drive-up ATM at the then-RBC Bank near the intersection of Cottage Hill and Schillinger roads. The bank's surveillance cameras caught the murder on tape.

Berry was found guilty on Wednesday, August 22.