Jury begins deliberations in trial of man charged with slaying his first wife

Barry Van Whitton
Barry Van Whitton

SCOTTSBORO, Ala. - The jury in the trial of Barry Van Whitton in Jackson County, Ala., got two versions of events in final arguments Thursday afternoon.

The jury left the courtroom to begin deliberations at 2:42 p.m. CDT.

Closing arguments came in the 12th day of testimony that was preceded by more than three days of jury selection in the 1997 cold case slaying of Michelle Townson Whitton, a 28-year-old mother.

photo Barry Van Whitton faces trial in the 1997 cold case death of his wife, Michelle Townson Whitton.

Barry Whitton was indicted in December 2014 and was formally charged while serving a federal sentence for unrelated weapons charges in January.

Prosecutors Leigh Gwathney and John Hensley told jurors that only one person had the motivation and opportunity to kill Michelle Whitton, who according to state testimony, was planning to divorce her husband.

The state's attorneys told jurors that testimony has showed that Whitton manipulated people and versions of events to suit his needs. They said testimony places Whitton within the time frame of events, and that testimony from two former fellow inmates about Whitton's admission of how he killed and disposed of his wife were damning evidence.

Whitton's defense lawyers, Gerald Paulk and Jake Watson, pointed to testimony from neighbors and acquaintances of the couple who said they saw Michelle Whitton on the Sunday morning, after prosecutors say the murder had already been committed.

Paulk said a wallet found in the same location as Michelle Whitton's car belonged to a suspect that authorities dismissed because it didn't fit their case.

Paulk told jurors that a "folk gang" of people who included the owner of the wallet were potential suspects the state chose to ignore.

Paulk said investigators didn't want to consider other suspects "because they already decided they would pin it on Barry Whitton."

Judge John Graham is presiding over the trial in Scottsboro that started Sept. 14 after more than three days of jury selection that started Sept. 9.

Contact staff writer Ben Benton at bbenton@timesfreepress.com or twitter.com/BenBenton or www.facebook.com/ben.benton1 or 423-757-6569.

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