DOCTOR: NO WAY TO TELL IF INJECTION WAS LETHAL

The commonwealth's case against a man charged with second-degree
manslaughter may have taken a hit Wednesday when a forensic pathologist
testified there was no way to tell if an Owensboro woman was killed by an
injection of methamphetamine.

During testimony in the case against Franklin Dean Powell II, Dr. Donna
Hunsaker, a forensic pathologist with the state medical examiner's office
in Louisville, confirmed that Billie Jolene Bennett died of a
methamphetamine overdose on Oct. 30, 1999.

But during cross-examination, Hunsaker told defense attorney Mike Lee she
couldn't say how the toxic level of the drug got into her body or if the
high level of meth found in her body after she died was from one dosage.

The testimony may damage the commonwealth's case because it claims
Bennett's death was caused by a methamphetamine dose injected by Powell in
the early morning hours of Oct. 30.

Hunsaker also testified there were several needle marks on Bennett's arms
that indicated a history of injection of some substance by needle, but she
couldn't say if that drug was methamphetamine.

The prosecution did solidify its case against Powell as the person who
provided methamphetamine to a group of friends on a regular basis and as
the person who took and hid evidence behind a friend's home the morning of
Bennett's death.

Besides second-degree manslaughter, Powell is also charged with trafficking
in methamphetamine, tampering with physical evidence and possession of drug
paraphernalia.

Holly Mourning, a close friend of Bennett's and former girlfriend of
Powell, described Bennett as being depressed earlier in the day on Oct. 29
because she was informed by a social worker that her three children were
going to be taken from her.

Mourning, who cried after being asked to identify Bennett in a photo, said
Powell, Bennett, David Crowell and Hollie Payne came over to her home in
the 700 block of Time Drive early that evening. While she and Powell smoked
methamphetamine, Bennett refused to smoke any, Mourning said. Later in the
evening Bennett did smoke some marijuana, Mourning said.

Mourning said members of the group except Payne used methamphetamine two
weeks prior to Bennett's death.

Payne testified she hung out with the group but didn't use drugs or drink
alcohol because she is on kidney dialysis.

Mourning's testimony matched that of Crowell and Payne, who also took the
stand Wednesday.

Crowell said he was under the influence of meth the evening he went over to
Mourning's, but left between midnight and 1 a.m. because he wasn't feeling
well.

Lee questioned Crowell about statements he made to police the day following
Bennett's death.

Crowell denied statements he made to police saying he had seen Bennett
inject meth at times before her death.

Also testifying was Audrey Huff, a registered nurse at Owensboro Mercy
Health System whose name was suspected of being forged by Bennett at Kroger
to purchase hypodermic needles.

Huff testified she didn't know Bennett but said her husband is Powell's
third cousin. She said her brother is also the social worker who took
Bennett's children away from her.

During Owensboro police Detective Tim Clothier's testimony, he and
Assistant Commonwealth's Attorney Ken Nall read the two transcribed
recorded statements made by Powell the day of Bennett's death.

In the statement, Powell said he took Bennett to a location off Veach Road
to shoot her up with methamphetamine. In a second statement that day Powell
said he didn't think the injection caused her death and added, "God forgive
me if it was (my fault)."

The commonwealth's case is expected to wrap up today when the defense
cross-examines Clothier beginning at 10 a.m. Then Lee will present his case
to the jury, in which Powell is expected to testify. The case may go to the
jury this afternoon.