http://ktlo.com/wire/newsfri/07180_PARKS_TRIAL-FIFTH_DAY_170656.php
By: Ray Dean Davis
A prosecution witness in the Gary Parks capital murder trial testified today that Parks admitted to killing his stepfather, Dr. David Millstein, in June of 2006. However, the statement wasn't made when the witness was interviewed shortly after the murder, leading defense attorneys to question the validity of the statement.
Enoch Miller of Little Rock, who said he was one of Gary Parks' best friends in June of 2006, said Parks told him about four days after the murder that he had done it. Miller said he told Parks he didn't want to be brought into the case and asked, "Why are you telling me this?" He said Parks replied,
"What would you do if someone was hurting your mother?"
Miller said Parks explained by saying his mother had invested money into Dr. Millstein's practice and business was falling off. He said Parks then told him he was at Millstein's house when he "lost it," went into a rage and stabbed the doctor as he lay asleep.
Miller said he told Parks, "I don't want to know this stuff."
On cross examination, defense attorney Danny Glover pointed out that Miller had given a statement to investigators soon after the murder and hadn't mentioned Parks' confession at that time.
Miller said at the time he didn't want to feel like a narc. He said he later talked to his father, who is a minister, and also spoke with a friend. He said they convinced him that he would have to live with whatever decision he made about his information.
Miller said he was in court today because he know it was the right thing to do.
Glover asked Miller if Mountain Home Police Department Investigator Nevin Barnes had given him some money and had helped him out with legal troubles of his own when he was charged with driving on a suspended license in Flippin. Miller said Barnes had helped him pay the fine with money out of his own pocket. He denied that the investigator had gotten involved with any of his other legal matters.
Miller also admitted that in 2006 he abused narcotics.
Miller also agreed to wear a hidden microphone on some occasions when he was around Parks.
Among the other six witnesses who testified for the prosecution today was Alan Gwin, also of Little Rock. Gwin testified that about two weeks prior to Dr. Millstein's murder Gary Parks asked him what he would think about killing someone for a large amount of money.
Again, Attorney Glover pointed out that Gwin had not included that information in his statement to investigators shortly after the murder. Gwin said he hadn't been asked for that specific information and hadn't volunteered it.
The prosecution hasn't finished with its witnesses yet and will offer more testimony in the case Monday. Sometime next week the defense will begin presenting its case.
3/30/2013
Parks trial update: Miller testifies Parks confessed to him
http://www.baxterbulletin.com/article/20130329/NEWS01/130329005/Parks-trial-update-Miller-testifies-Parks-confessed-him
Written by: Bulletin Staff
Charles Enoch Miller, a man prosecutors say was a close friend of Parks in June 2006, is testifying this afternoon in the Gary Wayne Parks murder.
Police put a “wire” on Miller for at least one conversation with Parks. The jury is expected to her clandestine recordings made by the police of conversations between Parks and Miller.
Miller just testified that Parks came to his home sobbing and confessed to stabbing Millstein to death.
Written by: Bulletin Staff
Charles Enoch Miller, a man prosecutors say was a close friend of Parks in June 2006, is testifying this afternoon in the Gary Wayne Parks murder.
Police put a “wire” on Miller for at least one conversation with Parks. The jury is expected to her clandestine recordings made by the police of conversations between Parks and Miller.
Miller just testified that Parks came to his home sobbing and confessed to stabbing Millstein to death.
Witness: Parks sobbed then confessed to slaying Millstein
http://www.baxterbulletin.com/article/20130329/NEWS01/303290047/Witness-Parks-sobbed-then-confessed-slaying-Millstein
Suppression hearing held regarding second witness who says Parks confessed; Judge to rule Monday
Written by: Josh Dooley
“He told me that he did it,” Charles Enoch Miller testified Friday during the capital murder trial of Gary Wayne Parks.
Parks, 42, is accused of the June 17, 2006, murder of his stepfather, Dr. David Millstein, a Mountain Home urologist who was stabbed and cut 30 times at his Stephens Court residence in Mountain Home.
That’s when Parks confessed to killing his stepfather, Miller told the jury.
“He told me that he did it. He told me that he killed him,” Miller told the silenced audience in the courtroom. “He told me he just went into a rage and just lost it. He just went crazy and stabbed him. Stabbed him multiple times.”
Miller said Parks told him Millstein was asleep in bed when he attacked him.
Miller asked Parks why he told him about the murder, and told Parks he didn’t want to know anything about the murder.
“He asked me what I would do if someone was hurting my mother,” said Miller. “The business was going downhill, his mother invested in it, and it just wasn’t doing as well as they thought.”
Before testifying about Parks’ reported confession, under questioning by Baxter County Prosecuting Attorney Ron Kincade, Miller described how he became friends with Parks.
Miller said he had a flat tire one day, and Parks stopped to help him. The two struck up a relationship from that point, doing typical “guy things” Miller told the jury.
For Parks and Miller, some of those typical things included drinking, doing drugs, and frequenting prostitutes, Miller said. They also went fishing and went to bars, Miller said.
Kincade asked Miller if he’d had multiple problems with the law, if he used drugs, if he had been an alcoholic. Miller said yes to all those questions. Miller also said when initially contacted by police, he did not reveal Parks’ reported sobbing confession because he was uncomfortable doing so.
“I wasn’t going to be a narc,” Miller said. “I wasn’t going to tell on someone, I wasn’t going to play God. I didn’t know if Gary was telling the truth.”
Later, Miller testified, he changed his mind. Kincade asked Miller what made him change his mind.
“I called my father. I called two people actually, my dad and a friend, an attorney,” said Miller. “I called my father and asked him simply what he would do. He said, ‘You’ll have to live with it.’”
Miller testified he used three to seven grams of cocaine per week, and that he was using it daily.
Miller also testified he was also using Xanax, hydrocodone and oxycodone during the same time-frame, though he had prescriptions for those drugs.
Glover then aggressively questioned Miller about what — if any — help with legal and financial problems he got from law enforcement officers involved in the murder investigation.
Miller told the jury Lt. Nevin Barnes of the Mountain Home Police Department paid $100 towards a fine.
“You had a warrant out and you were facing going to jail in Flippin, is that right?” Glover asked Miller. “There was a warrant out for you for not showing up because you couldn’t pay your fine, right?”
Miller agreed there was a warrant out for him.
“And Mr. Barnes out of his own pocket gave you money so you could pay that fine, right?” Glover asked. “And he called over there to negotiate the reduction of some other fines, right?”
Miller said he could not remember.
Glover asked Miller if he only started helping helping police after police helped him pay fines. Miller said that was not the case.
Glover asked Miller if he was currently facing charges of burglary, theft and forgery in the Little Rock area, and if he was scheduled to be in court next week regarding those charges. Miller said he was due in court, but had not been charged yet.
Under redirect by Kincade, Miller responded indignantly when Kincade asked him if he was testifying because Barnes paid a fine for him.
“For $200, I wouldn’t sell out my best friend,” Miller said heatedly. “I did it for my daughter. It backfired on me. I know it, and he knows it.”
Defense attorneys Glover and Joe Perry filed a verbal motion to exclude the testimony of former
Baxter County jailer Linda Henryk.
During the hearing, Henryk told Baxter County Circuit Court Judge John Putman she was a corporal at the jail in the spring of 2010 when Parks asked to see her regarding his medications.
Henryk testified she was alone with Parks in the jail’s multipurpose room during the discussion.
Henryk said Parks told her he suffered from post-traumatic stress disorder and that he was prone to being violent and angry if he did not have his medications.
“He said he was not a bad person,” Henryk testified. “I told him Gary, you’re facing some serious charges. He said, “I know, I did it. I wasn’t on my medications, I wasn’t responsible for my actions.’
Perry cross-examined Henryk during the hearing and asked her if she knew whether Parks had an attorney. Henryk said yes. Perry then asked if she read Parks his Miranda rights during their conversation. Henryk said no.
Perry then asked if Henryk knew Parks had invoked his Miranda rights prior to their conversation.
Henryk again said no she did not know.
Perry asked Henryk if she made a notation, on paper, electronic or otherwise, of the conversation.
“No,” Henryk replied. “I told my supervisor Lt. Randy Weaver about the conversation.”
Judge Putman told the attorneys he would issue a ruling Monday whether the jury would be allowed to hear Henryk’s testimony.
Ponder, Andrea Harris and Randy Harris all testified that on Sunday, June 18, 2006, Parks said his stepfather had been murdered. None could recall exactly when Parks told them, but Ponder said it was still daylight when Parks told him. Matt Nelson testified Parks told him of Millstein’s death before 10 p.m.
MHPD officer Sam Seamans told the jury in earlier testimony that he did not inform Parks of Millstein’s murder until late Sunday night.
Putman noted the document would become public once officials felt it would no longer harm the investigation to reveal the information contained in the affidavit.
The document describes what evidence police had gathered to implicate Parks in the murder of his stepfather.
The Bulletin requested Friday that the affidavit be unsealed. That request was granted, and The Bulletin will publish a story in Monday’s edition describing what was contained in the affidavit.
Suppression hearing held regarding second witness who says Parks confessed; Judge to rule Monday
Written by: Josh Dooley
“He told me that he did it,” Charles Enoch Miller testified Friday during the capital murder trial of Gary Wayne Parks.
Parks, 42, is accused of the June 17, 2006, murder of his stepfather, Dr. David Millstein, a Mountain Home urologist who was stabbed and cut 30 times at his Stephens Court residence in Mountain Home.
The friend and the 'confession'
Miller testified he was washing his boat outside his Little Rock home on June 22, 2006, when Parks drove up. Parks crossed his arms, put them on the boat, dropped his head to rest it on his arms, and broke down sobbing.That’s when Parks confessed to killing his stepfather, Miller told the jury.
“He told me that he did it. He told me that he killed him,” Miller told the silenced audience in the courtroom. “He told me he just went into a rage and just lost it. He just went crazy and stabbed him. Stabbed him multiple times.”
Miller said Parks told him Millstein was asleep in bed when he attacked him.
Miller asked Parks why he told him about the murder, and told Parks he didn’t want to know anything about the murder.
“He asked me what I would do if someone was hurting my mother,” said Miller. “The business was going downhill, his mother invested in it, and it just wasn’t doing as well as they thought.”
Before testifying about Parks’ reported confession, under questioning by Baxter County Prosecuting Attorney Ron Kincade, Miller described how he became friends with Parks.
Miller said he had a flat tire one day, and Parks stopped to help him. The two struck up a relationship from that point, doing typical “guy things” Miller told the jury.
For Parks and Miller, some of those typical things included drinking, doing drugs, and frequenting prostitutes, Miller said. They also went fishing and went to bars, Miller said.
Kincade asked Miller if he’d had multiple problems with the law, if he used drugs, if he had been an alcoholic. Miller said yes to all those questions. Miller also said when initially contacted by police, he did not reveal Parks’ reported sobbing confession because he was uncomfortable doing so.
“I wasn’t going to be a narc,” Miller said. “I wasn’t going to tell on someone, I wasn’t going to play God. I didn’t know if Gary was telling the truth.”
Later, Miller testified, he changed his mind. Kincade asked Miller what made him change his mind.
“I called my father. I called two people actually, my dad and a friend, an attorney,” said Miller. “I called my father and asked him simply what he would do. He said, ‘You’ll have to live with it.’”
Cross-examination
Defense attorney Danny Glover cross-examined Miller and immediately dove into Miller’s drug use.Miller testified he used three to seven grams of cocaine per week, and that he was using it daily.
Miller also testified he was also using Xanax, hydrocodone and oxycodone during the same time-frame, though he had prescriptions for those drugs.
Glover then aggressively questioned Miller about what — if any — help with legal and financial problems he got from law enforcement officers involved in the murder investigation.
Miller told the jury Lt. Nevin Barnes of the Mountain Home Police Department paid $100 towards a fine.
“You had a warrant out and you were facing going to jail in Flippin, is that right?” Glover asked Miller. “There was a warrant out for you for not showing up because you couldn’t pay your fine, right?”
Miller agreed there was a warrant out for him.
“And Mr. Barnes out of his own pocket gave you money so you could pay that fine, right?” Glover asked. “And he called over there to negotiate the reduction of some other fines, right?”
Miller said he could not remember.
Glover asked Miller if he only started helping helping police after police helped him pay fines. Miller said that was not the case.
Glover asked Miller if he was currently facing charges of burglary, theft and forgery in the Little Rock area, and if he was scheduled to be in court next week regarding those charges. Miller said he was due in court, but had not been charged yet.
Under redirect by Kincade, Miller responded indignantly when Kincade asked him if he was testifying because Barnes paid a fine for him.
“For $200, I wouldn’t sell out my best friend,” Miller said heatedly. “I did it for my daughter. It backfired on me. I know it, and he knows it.”
Suppression hearing
The jury was excused from the courtroom Friday shortly before 4 p.m. With just one spectator and a few court personnel in the room, a suppression hearing was held.Defense attorneys Glover and Joe Perry filed a verbal motion to exclude the testimony of former
Baxter County jailer Linda Henryk.
During the hearing, Henryk told Baxter County Circuit Court Judge John Putman she was a corporal at the jail in the spring of 2010 when Parks asked to see her regarding his medications.
Henryk testified she was alone with Parks in the jail’s multipurpose room during the discussion.
Henryk said Parks told her he suffered from post-traumatic stress disorder and that he was prone to being violent and angry if he did not have his medications.
“He said he was not a bad person,” Henryk testified. “I told him Gary, you’re facing some serious charges. He said, “I know, I did it. I wasn’t on my medications, I wasn’t responsible for my actions.’
Perry cross-examined Henryk during the hearing and asked her if she knew whether Parks had an attorney. Henryk said yes. Perry then asked if she read Parks his Miranda rights during their conversation. Henryk said no.
Perry then asked if Henryk knew Parks had invoked his Miranda rights prior to their conversation.
Henryk again said no she did not know.
Perry asked Henryk if she made a notation, on paper, electronic or otherwise, of the conversation.
“No,” Henryk replied. “I told my supervisor Lt. Randy Weaver about the conversation.”
Judge Putman told the attorneys he would issue a ruling Monday whether the jury would be allowed to hear Henryk’s testimony.
The party and the timeline
Two witnesses, Andrea Harris and Chris Ponder testified Friday that they saw Parks at a birthday party in Little Rock on the night of Friday, June 16, 2006. Both testified they did not know exactly when he left that party.Ponder, Andrea Harris and Randy Harris all testified that on Sunday, June 18, 2006, Parks said his stepfather had been murdered. None could recall exactly when Parks told them, but Ponder said it was still daylight when Parks told him. Matt Nelson testified Parks told him of Millstein’s death before 10 p.m.
MHPD officer Sam Seamans told the jury in earlier testimony that he did not inform Parks of Millstein’s murder until late Sunday night.
The probable cause affidavit
The probable cause affidavit for Parks’ arrest has been sealed since it became part of the official record on December 18, 2009, after Kincade requested Putman seal the document from public view. Kincade argued that if the affidavit remained a public document, it could hamper the ongoing investigation.Putman noted the document would become public once officials felt it would no longer harm the investigation to reveal the information contained in the affidavit.
The document describes what evidence police had gathered to implicate Parks in the murder of his stepfather.
The Bulletin requested Friday that the affidavit be unsealed. That request was granted, and The Bulletin will publish a story in Monday’s edition describing what was contained in the affidavit.
3/29/2013
Detective calls Parks behavior 'bizarre'
http://www.baxterbulletin.com/article/20130329/NEWS01/303290021/
Suspect hounded investigators in Millstein murder
By JOSH DOOLEY
Mountain Home Police Lt. Nevin Barnes testified Thursday that Gary Wayne Parks told him two different theories on two consecutive days about who was responsible for Dr. David Millstein’s brutal June 2006 murder. Parks first told Barnes he had heard the KKK was responsible for Millstein’s death, then the next day said the Mountain Home urologist’s murder was a homosexual killing.
Millstein, 62, was found dead with 30 stab and cutting wounds at his 1707 Stephens Court residence on June 18, 2006. Authorities believe he was killed in the early morning hours of June 17. Parks, 42, was arrested and charged with Millstein’s murder more than three years later.
Thursday marked the fourth day of Parks’ capital murder trial in Baxter County Circuit Court.
Barnes testified many of his interactions with Parks throughout the case struck him as strange. “I told him, ‘Gary you said yesterday the KKK killed him, now you’re saying it was a homosexual killing’ ” Barnes told the jury. “He said ‘I did?’ and I said yeah, you did.”
On the stand, Barnes explained that he became involved in the original crime scene work as he was attending a course at the FBI academy. Upon arriving back in Mountain Home on the day after Millstein’s body was discovered, Barnes told the jury, he joined the investigation and took over as the lead investigator.
During another conversation with Parks, according to Barnes, he said he had a friend from high school who worked at the Arkansas State Crime Lab who told him Millstein’s death was particularly brutal. In testimony Wednesday, Arkansas State Medical Examiner Dr. Charles Kokes told the jury Millstein’s attacker stabbed and cut him 30 times, and that the number of wounds was “overkill.”
Barnes told the jury that in yet another conversation Parks revealed knowledge of the killing. “He asked me what was going on with the burning in the bedroom,” Barnes told the court. “He said whatever happened there wasn’t completed.”
In earlier testimony, MHPD detective Robert Hardin testified attempts had been made to burn Millstein’s body and his home.
Barnes told the jury that Parks contacted him six or seven times during the first few months of the investigation, asking him what was happening in the case, and if anything new had been learned. Barnes said this struck him as unusual because he’d told Parks that he could not reveal information regarding the investigation, and felt Parks was trying to insert himself into the case.
Barnes said Parks’ behavior was bizarre, and the conversations the two men had were bizarre.
Little Rock connections
Barnes told the jury he drove to Little Rock about 40 different times searching for people who knew Parks, hoping to gather information. Barnes learned Parks frequented prostitutes, so Barnes paid prostitutes to tell him what they knew about Parks and anything he might have said to them about the murder.
According to Barnes, people who knew Parks told him he should speak to a man named Enoch Miller, because Miller was Parks’ closest friend.
Investigators spoke to Miller twice. The second time they spoke with him, Miller agreed to wear a wire and record conversations he had with Parks. Barnes testified Miller wore a wire during two face-to-face meetings with Parks, and that investigators also recorded at least two phone conversations Miller had with Parks.
Shortly after that testimony, Circuit Court Judge John Putman called the attorneys to the bench for a conference out of the jury’s hearing. After that conversation, Deputy Prosecutor Kerry Chism told the jury he would not playing those tapes for the jury at that time.
Cross-examination
Defense attorney Joe Perry, cross-examining Barnes, immediately got on the offensive to paint Parks as cooperating with authorities, and to remind jurors nothing of evidentiary value was found Parks’ condo or his Toyota FJ Cruiser.
On July 1, 2006, officers executed two search warrants, one for the Maumelle condo Parks shared with his mother — Lois Jane Parks Millstein, the wife of Millstein — and Parks’ Toyota FJ Cruiser.
The search of the condo revealed an Oral-B Brush Up in the room Barnes said Parks occupied at the condo. Packaging for an Oral-B Brush Up was found in Millstein’s bed by investigators when they searched it after Millstein’s body was discovered.
Earlier testimony revealed investigators could not find other brush ups in Millstein’s home despite an extensive search.
Barnes told the jury that despite a three-hour search of the condo, they found nothing to tie Parks directly to Millstein’s murder. Barnes also said nothing useful for the case was found in the Toyota.
In addition, Perry asked Barnes if the timing of Parks’ arrest had anything to do with the upcoming election of Baxter County Prosecutor Ron Kincade or Baxter County Sheriff John Montgomery.
Barnes bristled at the suggestion.
“I don’t work for the sheriff’s office,” Barnes told Perry. “This is a Mountain Home police case. Police investigate, prosecutors prosecute.”
Millstein’s own son
Barnes wasn’t the only witness testifying Thursday who described Parks’ behavior as bizarre after Millstein’s murder. Aaron Millstein, the urologist’s biological son, now an attorney living in Washington state, took the stand to tell the jury about conversations he had with Parks after his father’s death.
Aaron Millstein told the jury that June 17, 2006 was his 20th birthday, and he had expected to hear from his father that weekend wishing him a happy birthday. Instead, a day after his birthday, he received a call late at night from police telling him his father was dead.
Aaron Millstein said he was devastated upon learning his father was dead. He questioned MHPD Officer Sam Seamans, who informed Aaron of his dad’s death, as to how it happened.
“At first I thought it was a heart attack,” Aaron told the jury. “At no point did we think it was anything but natural causes.”
That changed almost immediately when Parks and Aaron Millstein spoke over the phone shortly afterwards.
Aaron Millstein testified that Parks told him not to talk to police and not to allow police to put him in a “little room” and interview him, and that he would be coming to Mountain Home with the best criminal defense attorney in the state.
“I thought why would we not want to cooperate with the police, why would we not want to help try to find out what happened,” said Aaron Millstein. “It struck me as bizarre. It made me intensely suspicious at the time.”
Defense attorney Danny Glover cross-examined Aaron Millstein and asked him about a statement he gave to authorities after his father’s murder. He agreed he told investigators he didn’t know anyone who would want to hurt his father, and that his father always treated Parks like a son.
Glover asked him if he knew Parks was an alcoholic, a drug user and someone who told tall tales. Aaron Millstein replied that he knew Parks had a drug problem, that he drank, and that Parks once told him he was a Navy SEAL.
Still under questioning from Glover, Aaron Millstein told the jury that he knew Lois Jane Parks Millstein argued with his father about money, and that the Parks and Millstein families went through litigation regarding who should receive money from his father’s life insurance, although he wasn’t well informed about that court battle.
“I was more concerned about who killed my father than I was about the money,” Aaron Millstein told the jury.
The cell phone
An engineer for AT&T, Lanny Shepherd, was called to testify about a cell phone prosecutors say was used by Parks.
Shepherd told the jury the cell phone “went dark” at 10:30 p.m. Friday June 16, 2006, and was not in use again until 6 a.m. the next morning. That window of time is when prosecutors say Millstein was killed.
Shepherd told the jury that during the three days prior to that dark time, the cell phone was in constant use and never went silent for nearly as long a period of time.
Under cross-examination, Shepherd said the way the phone appeared on the company’s network was consistent with having a dead battery as well as being turned off by the user.
The houseboat
Another witness from Washington made an appearance in court Thursday. Marion Wright told the jury he worked at a business in Heber Springs that sold houseboats, and that Parks — whom prosecutors painted as jobless — came to the business some time between June 5 and June 12 of 2006 and inquired about a houseboat that was for sale.
Wright told the jury the houseboat’s price was $42,000 and that during conversations, he told Parks he would sell it to him for $35,000.
Several days later, Wright received a phone call from Parks.
“He told me he was in his attorney’s office, he said his dad had been stabbed to death, and that he was going to the medical examiner’s officer,” Wright recounted the conversation. “He said after that he would come by to talk about the houseboat.”
Wright told the jury Parks never mentioned how he was going to pay for the houseboat. When Wright later contacted Parks about the boat, a woman Wright described as elderly answered the phone and said Parks wasn’t buying a boat.
Under cross-examination, Perry asked Wright if people came to the business and just looked at boats without buying. Wright agreed that some people did that. Wright also said serious buyers asked more and specific questions than Parks ever did.
Testimony resumes today at the Baxter County Court Complex. If convicted, Parks faces life in prison without parole.
Suspect hounded investigators in Millstein murder
By JOSH DOOLEY
Mountain Home Police Lt. Nevin Barnes testified Thursday that Gary Wayne Parks told him two different theories on two consecutive days about who was responsible for Dr. David Millstein’s brutal June 2006 murder. Parks first told Barnes he had heard the KKK was responsible for Millstein’s death, then the next day said the Mountain Home urologist’s murder was a homosexual killing.
Millstein, 62, was found dead with 30 stab and cutting wounds at his 1707 Stephens Court residence on June 18, 2006. Authorities believe he was killed in the early morning hours of June 17. Parks, 42, was arrested and charged with Millstein’s murder more than three years later.
Thursday marked the fourth day of Parks’ capital murder trial in Baxter County Circuit Court.
Barnes testified many of his interactions with Parks throughout the case struck him as strange. “I told him, ‘Gary you said yesterday the KKK killed him, now you’re saying it was a homosexual killing’ ” Barnes told the jury. “He said ‘I did?’ and I said yeah, you did.”
On the stand, Barnes explained that he became involved in the original crime scene work as he was attending a course at the FBI academy. Upon arriving back in Mountain Home on the day after Millstein’s body was discovered, Barnes told the jury, he joined the investigation and took over as the lead investigator.
During another conversation with Parks, according to Barnes, he said he had a friend from high school who worked at the Arkansas State Crime Lab who told him Millstein’s death was particularly brutal. In testimony Wednesday, Arkansas State Medical Examiner Dr. Charles Kokes told the jury Millstein’s attacker stabbed and cut him 30 times, and that the number of wounds was “overkill.”
Barnes told the jury that in yet another conversation Parks revealed knowledge of the killing. “He asked me what was going on with the burning in the bedroom,” Barnes told the court. “He said whatever happened there wasn’t completed.”
In earlier testimony, MHPD detective Robert Hardin testified attempts had been made to burn Millstein’s body and his home.
Barnes told the jury that Parks contacted him six or seven times during the first few months of the investigation, asking him what was happening in the case, and if anything new had been learned. Barnes said this struck him as unusual because he’d told Parks that he could not reveal information regarding the investigation, and felt Parks was trying to insert himself into the case.
Barnes said Parks’ behavior was bizarre, and the conversations the two men had were bizarre.
Little Rock connections
Barnes told the jury he drove to Little Rock about 40 different times searching for people who knew Parks, hoping to gather information. Barnes learned Parks frequented prostitutes, so Barnes paid prostitutes to tell him what they knew about Parks and anything he might have said to them about the murder.
According to Barnes, people who knew Parks told him he should speak to a man named Enoch Miller, because Miller was Parks’ closest friend.
Investigators spoke to Miller twice. The second time they spoke with him, Miller agreed to wear a wire and record conversations he had with Parks. Barnes testified Miller wore a wire during two face-to-face meetings with Parks, and that investigators also recorded at least two phone conversations Miller had with Parks.
Shortly after that testimony, Circuit Court Judge John Putman called the attorneys to the bench for a conference out of the jury’s hearing. After that conversation, Deputy Prosecutor Kerry Chism told the jury he would not playing those tapes for the jury at that time.
Cross-examination
Defense attorney Joe Perry, cross-examining Barnes, immediately got on the offensive to paint Parks as cooperating with authorities, and to remind jurors nothing of evidentiary value was found Parks’ condo or his Toyota FJ Cruiser.
On July 1, 2006, officers executed two search warrants, one for the Maumelle condo Parks shared with his mother — Lois Jane Parks Millstein, the wife of Millstein — and Parks’ Toyota FJ Cruiser.
The search of the condo revealed an Oral-B Brush Up in the room Barnes said Parks occupied at the condo. Packaging for an Oral-B Brush Up was found in Millstein’s bed by investigators when they searched it after Millstein’s body was discovered.
Earlier testimony revealed investigators could not find other brush ups in Millstein’s home despite an extensive search.
Barnes told the jury that despite a three-hour search of the condo, they found nothing to tie Parks directly to Millstein’s murder. Barnes also said nothing useful for the case was found in the Toyota.
In addition, Perry asked Barnes if the timing of Parks’ arrest had anything to do with the upcoming election of Baxter County Prosecutor Ron Kincade or Baxter County Sheriff John Montgomery.
Barnes bristled at the suggestion.
“I don’t work for the sheriff’s office,” Barnes told Perry. “This is a Mountain Home police case. Police investigate, prosecutors prosecute.”
Millstein’s own son
Barnes wasn’t the only witness testifying Thursday who described Parks’ behavior as bizarre after Millstein’s murder. Aaron Millstein, the urologist’s biological son, now an attorney living in Washington state, took the stand to tell the jury about conversations he had with Parks after his father’s death.
Aaron Millstein told the jury that June 17, 2006 was his 20th birthday, and he had expected to hear from his father that weekend wishing him a happy birthday. Instead, a day after his birthday, he received a call late at night from police telling him his father was dead.
Aaron Millstein said he was devastated upon learning his father was dead. He questioned MHPD Officer Sam Seamans, who informed Aaron of his dad’s death, as to how it happened.
“At first I thought it was a heart attack,” Aaron told the jury. “At no point did we think it was anything but natural causes.”
That changed almost immediately when Parks and Aaron Millstein spoke over the phone shortly afterwards.
Aaron Millstein testified that Parks told him not to talk to police and not to allow police to put him in a “little room” and interview him, and that he would be coming to Mountain Home with the best criminal defense attorney in the state.
“I thought why would we not want to cooperate with the police, why would we not want to help try to find out what happened,” said Aaron Millstein. “It struck me as bizarre. It made me intensely suspicious at the time.”
Defense attorney Danny Glover cross-examined Aaron Millstein and asked him about a statement he gave to authorities after his father’s murder. He agreed he told investigators he didn’t know anyone who would want to hurt his father, and that his father always treated Parks like a son.
Glover asked him if he knew Parks was an alcoholic, a drug user and someone who told tall tales. Aaron Millstein replied that he knew Parks had a drug problem, that he drank, and that Parks once told him he was a Navy SEAL.
Still under questioning from Glover, Aaron Millstein told the jury that he knew Lois Jane Parks Millstein argued with his father about money, and that the Parks and Millstein families went through litigation regarding who should receive money from his father’s life insurance, although he wasn’t well informed about that court battle.
“I was more concerned about who killed my father than I was about the money,” Aaron Millstein told the jury.
The cell phone
An engineer for AT&T, Lanny Shepherd, was called to testify about a cell phone prosecutors say was used by Parks.
Shepherd told the jury the cell phone “went dark” at 10:30 p.m. Friday June 16, 2006, and was not in use again until 6 a.m. the next morning. That window of time is when prosecutors say Millstein was killed.
Shepherd told the jury that during the three days prior to that dark time, the cell phone was in constant use and never went silent for nearly as long a period of time.
Under cross-examination, Shepherd said the way the phone appeared on the company’s network was consistent with having a dead battery as well as being turned off by the user.
The houseboat
Another witness from Washington made an appearance in court Thursday. Marion Wright told the jury he worked at a business in Heber Springs that sold houseboats, and that Parks — whom prosecutors painted as jobless — came to the business some time between June 5 and June 12 of 2006 and inquired about a houseboat that was for sale.
Wright told the jury the houseboat’s price was $42,000 and that during conversations, he told Parks he would sell it to him for $35,000.
Several days later, Wright received a phone call from Parks.
“He told me he was in his attorney’s office, he said his dad had been stabbed to death, and that he was going to the medical examiner’s officer,” Wright recounted the conversation. “He said after that he would come by to talk about the houseboat.”
Wright told the jury Parks never mentioned how he was going to pay for the houseboat. When Wright later contacted Parks about the boat, a woman Wright described as elderly answered the phone and said Parks wasn’t buying a boat.
Under cross-examination, Perry asked Wright if people came to the business and just looked at boats without buying. Wright agreed that some people did that. Wright also said serious buyers asked more and specific questions than Parks ever did.
Testimony resumes today at the Baxter County Court Complex. If convicted, Parks faces life in prison without parole.
3/28/2013
Parks trial update: Testimony entered about Parks cell phone
http://www.baxterbulletin.com/article/20130328/NEWS01/130328002/Parks-trial-update-Testimony-entered-about-Parks-cell-phone
Written by: Bulletin Staff
During the fourth day of the Gary Wayne Parks murder trial today, AT&R engineer Lanny Shepherd testified a cell phone attributed to Parks went "dark" between 10:30 p.m. June 16 until 6 a.m. June 17. Dr. David Millstein, Parks' stepfather, was murdered sometime between the evening of June 16 and June 18, when his body was found by authorities. Parks is accused of his murder.
Prosecuting and defense attorneys argued whether the cell phone belongs to Parks. Billing suggests the phone was owned by Twin Lakes Urology Clinic, Dr. Millstein's business.
Also testifying this morning was Vesta Bush, a former Twin Lakes Urology Clinic office manager. Bush said Dr. Millstein's wife, Lois Jane Parks Millstein, funded the opening Dr. Millstein's urology clinic. Bush said when she left the clinic to move east to be with her husband in February 2006, Dr. Millstein was having trouble making the clinic payroll.
She also stated there were many arguments between Parks and Dr. Millstein throughout the six years she worked at the clinic. She said Parks was arrogant and rude, and she felt Dr. Millstein was intimidated by him. Bush testified Parks repeatedly called Dr. Millstein at his clinic to argue about money, and often the staff had to interrupt Dr. Millstein while he was with patients to take Parks' phone calls.
Written by: Bulletin Staff
During the fourth day of the Gary Wayne Parks murder trial today, AT&R engineer Lanny Shepherd testified a cell phone attributed to Parks went "dark" between 10:30 p.m. June 16 until 6 a.m. June 17. Dr. David Millstein, Parks' stepfather, was murdered sometime between the evening of June 16 and June 18, when his body was found by authorities. Parks is accused of his murder.
Prosecuting and defense attorneys argued whether the cell phone belongs to Parks. Billing suggests the phone was owned by Twin Lakes Urology Clinic, Dr. Millstein's business.
Also testifying this morning was Vesta Bush, a former Twin Lakes Urology Clinic office manager. Bush said Dr. Millstein's wife, Lois Jane Parks Millstein, funded the opening Dr. Millstein's urology clinic. Bush said when she left the clinic to move east to be with her husband in February 2006, Dr. Millstein was having trouble making the clinic payroll.
She also stated there were many arguments between Parks and Dr. Millstein throughout the six years she worked at the clinic. She said Parks was arrogant and rude, and she felt Dr. Millstein was intimidated by him. Bush testified Parks repeatedly called Dr. Millstein at his clinic to argue about money, and often the staff had to interrupt Dr. Millstein while he was with patients to take Parks' phone calls.
'Overkill,' says medical examiner: Millstein stabbed, cut 30 times
http://www.baxterbulletin.com/article/20130328/NEWS01/303280028/-Overkill-says-medical-examiner-Millstein-stabbed-cut-30-times
Millstein stabbed, cut 30 times
Written by: Josh Dooley
“This is what is referred to in my field as overkill,” testified Arkansas State Medical Examiner Dr. Charles Kokes during the Gary Parks murder trial Wednesday.
Kokes referred to the 30 stab and cut wounds suffered by Dr. David Millstein when he was murdered in June 2006. Parks, 42, is facing a capital murder charge for the killing of Millstein, his stepfather.
Kokes told the jury one of the four wounds to Millstein’s chest pierced his chest and coronary artery. Millstein was in bed when the attack began, and when he rolled off the bed and fell face-first on the floor, his attacker stabbed him several times in the back, Kokes said.
One of the last wounds Millstein likely suffered was having his throat cut, according to Kokes.
“This type of injury is usually done at or near the end of a sharp force assault,” said Kokes. “It’s generally done to ensure the lethality of the assault.”
Kokes told the jury the amount of blood Millstein lost as a result of the throat wound, and the amount of blood found on his bed, were indicators that helped him determine the chain of events during the assault. The instrument used to stab and cut Millstein was a single-edged, six-inch blade approximately one and a quarter inches wide, Kokes said.
The medical examiner also said he could not definitely say it was a knife that caused Millstein’s injuries.
Kokes told the jury scientific evidence gained during the autopsy allowed him to offer the opinion Millstein died some time between 3 p.m. Friday June 16 and 3 p.m. the next day. Work performed by investigators who spoke to witnesses can further narrow the time of death if the witness testimony is credible, Kokes said.
During cross-examination, defense attorney Joe Perry asked Kokes if an investigator had informed Kokes someone said they thought they saw Millstein alive on Saturday.
“He reported to me someone thought they saw him (Millstein) on Saturday,” Kokes responded. “I don’t know how credible that report was.”
“He gave me an eerie feeling,” Zyla said of Parks. “He kept going on about the lamb chops. He said he wanted them but he didn’t have the money to pay for them. Dr. Millstein told him to just get the lamb chops and not worry about it.”
Co-workers testified that the next day, when Millstein went to work, he seemed upset, frustrated and scared.
Karen McDonald, the office manager for Millstein’s medical clinic, told jurors when Millstein came to work the day before he was killed, he was not his normal, happy self.
“He was frustrated and excited,” McDonald said. “He had trouble doing routine tasks. Things didn’t seem to be going right.”
McDonald said she asked Millstein what was wrong.
“He said ‘Gary called me out last night,’ ” said McDonald, who became emotional as she spoke. “He said Gary tried to manhandle him.”
Parks appeared at Millstein’s clinic on Monday, the day after authorities found the doctor’s body at his 1707 Stephens Court home. McDonald told jurors that when Parks entered the clinic, he went to the back and attempted to log on to Millstein’s computer.
McDonald said she was frightened when she saw Parks that day and told a co-worker to call police. McDonald described Parks as abrupt, rude, and angry while at the clinic, and said she was afraid of him.
When asked if Parks appeared to be grieving, McDonald said he did not appear sad about Millstein’s death.
“It was always about money, and Gary trying get more money out of Dr. Millstein,” McDonald said.
Pam Nuzum served as Millstein’s nurse and also said Millstein’s mood on the day before he was murdered was not typical.
“You could tell something was obviously wrong with him,” Nuzum said of Millstein. “He didn’t really want to talk about it right away.”
Eventually, Nuzum said, Millstein told her what was troubling him.
“He was fearful of the defendant,” Nuzum said. “It wasn’t anything new, it was just worse this time.”
When they closed the clinic that Friday, Nuzum testified, Millstein spent an hour talking to her and other co-workers in the parking lot.
“He just told us how thankful he was for all we do,” said Nuzum. “It was strange. It was almost like he was saying goodbye.”
During cross-examination, defense counsel Danny Glover asked Rhonda Parks if she had spoken with Parks’ mother, Lois Jane Parks Millstein, since Millstein was murdered. Rhonda Parks said she had spoken with her former mother-in-law.
Glover then asked Rhonda Parks if Lois Jane Parks Millstein said she had killed Millstein. As Rhonda Parks nodded her head yes and began to verbalize her response, Prosecutor Attorney Ron Kincade shot to his feet and objected.
The attorneys gathered before Circuit Judge John Putman and argued whether Rhonda Parks should be allowed to answer the question.
After those arguments, Putman told the jury to disregard Rhonda Parks’ answer to Glover’s question and ordered her response stricken from the record.
During that interview, Hollingsworth said, Parks told him he confronted Millstein when they ate dinner at Dino’s. Parks contended he told Millstein that he — Millstein — was broke and that he needed to solve his money problems, and that things had to change.
Hollingsworth also testified when a search warrant was obtained to search the Maumelle condo where Parks lived and the Toyota FJ Cruiser Parks drove, State Police were short-handed so he asked a friend with the Federal Bureau of Investigation to help, and that the FBI sent their evidence recovery team to perform the searches.
Under cross examination by Glover, Hollingsworth told the jury the searches of the condo and the Toyota turned up no evidence that could be directly tied to the Millstein murder.
Testimony resumes today, and the trial is expected to continue into next week. If convicted, Parks faces up to life in prison without parole.
Millstein stabbed, cut 30 times
Written by: Josh Dooley
“This is what is referred to in my field as overkill,” testified Arkansas State Medical Examiner Dr. Charles Kokes during the Gary Parks murder trial Wednesday.
Kokes referred to the 30 stab and cut wounds suffered by Dr. David Millstein when he was murdered in June 2006. Parks, 42, is facing a capital murder charge for the killing of Millstein, his stepfather.
Kokes told the jury one of the four wounds to Millstein’s chest pierced his chest and coronary artery. Millstein was in bed when the attack began, and when he rolled off the bed and fell face-first on the floor, his attacker stabbed him several times in the back, Kokes said.
One of the last wounds Millstein likely suffered was having his throat cut, according to Kokes.
“This type of injury is usually done at or near the end of a sharp force assault,” said Kokes. “It’s generally done to ensure the lethality of the assault.”
Kokes told the jury the amount of blood Millstein lost as a result of the throat wound, and the amount of blood found on his bed, were indicators that helped him determine the chain of events during the assault. The instrument used to stab and cut Millstein was a single-edged, six-inch blade approximately one and a quarter inches wide, Kokes said.
The medical examiner also said he could not definitely say it was a knife that caused Millstein’s injuries.
Kokes told the jury scientific evidence gained during the autopsy allowed him to offer the opinion Millstein died some time between 3 p.m. Friday June 16 and 3 p.m. the next day. Work performed by investigators who spoke to witnesses can further narrow the time of death if the witness testimony is credible, Kokes said.
During cross-examination, defense attorney Joe Perry asked Kokes if an investigator had informed Kokes someone said they thought they saw Millstein alive on Saturday.
“He reported to me someone thought they saw him (Millstein) on Saturday,” Kokes responded. “I don’t know how credible that report was.”
Millstein upset
On the Thursday before his death, Millstein ate dinner with Parks, according to Lois Zyla, a waitress at the now-closed Dino’s Restaurant.“He gave me an eerie feeling,” Zyla said of Parks. “He kept going on about the lamb chops. He said he wanted them but he didn’t have the money to pay for them. Dr. Millstein told him to just get the lamb chops and not worry about it.”
Co-workers testified that the next day, when Millstein went to work, he seemed upset, frustrated and scared.
Karen McDonald, the office manager for Millstein’s medical clinic, told jurors when Millstein came to work the day before he was killed, he was not his normal, happy self.
“He was frustrated and excited,” McDonald said. “He had trouble doing routine tasks. Things didn’t seem to be going right.”
McDonald said she asked Millstein what was wrong.
“He said ‘Gary called me out last night,’ ” said McDonald, who became emotional as she spoke. “He said Gary tried to manhandle him.”
Parks appeared at Millstein’s clinic on Monday, the day after authorities found the doctor’s body at his 1707 Stephens Court home. McDonald told jurors that when Parks entered the clinic, he went to the back and attempted to log on to Millstein’s computer.
McDonald said she was frightened when she saw Parks that day and told a co-worker to call police. McDonald described Parks as abrupt, rude, and angry while at the clinic, and said she was afraid of him.
When asked if Parks appeared to be grieving, McDonald said he did not appear sad about Millstein’s death.
“It was always about money, and Gary trying get more money out of Dr. Millstein,” McDonald said.
Pam Nuzum served as Millstein’s nurse and also said Millstein’s mood on the day before he was murdered was not typical.
“You could tell something was obviously wrong with him,” Nuzum said of Millstein. “He didn’t really want to talk about it right away.”
Eventually, Nuzum said, Millstein told her what was troubling him.
“He was fearful of the defendant,” Nuzum said. “It wasn’t anything new, it was just worse this time.”
When they closed the clinic that Friday, Nuzum testified, Millstein spent an hour talking to her and other co-workers in the parking lot.
“He just told us how thankful he was for all we do,” said Nuzum. “It was strange. It was almost like he was saying goodbye.”
Ex-wife fearful
Rhonda Parks, Parks’ ex-wife, testified she, too, was afraid of him. She told jurors part of the reason the couple divorced was her concern about his drug abuse. She told the jury Parks used and sold cocaine.During cross-examination, defense counsel Danny Glover asked Rhonda Parks if she had spoken with Parks’ mother, Lois Jane Parks Millstein, since Millstein was murdered. Rhonda Parks said she had spoken with her former mother-in-law.
Glover then asked Rhonda Parks if Lois Jane Parks Millstein said she had killed Millstein. As Rhonda Parks nodded her head yes and began to verbalize her response, Prosecutor Attorney Ron Kincade shot to his feet and objected.
The attorneys gathered before Circuit Judge John Putman and argued whether Rhonda Parks should be allowed to answer the question.
After those arguments, Putman told the jury to disregard Rhonda Parks’ answer to Glover’s question and ordered her response stricken from the record.
Parks interviewed
Sgt. Mark Hollingsworth, an investigator with the Arkansas State Police, testified he interviewed Parks two days after Millstein’s body was discovered.During that interview, Hollingsworth said, Parks told him he confronted Millstein when they ate dinner at Dino’s. Parks contended he told Millstein that he — Millstein — was broke and that he needed to solve his money problems, and that things had to change.
Hollingsworth also testified when a search warrant was obtained to search the Maumelle condo where Parks lived and the Toyota FJ Cruiser Parks drove, State Police were short-handed so he asked a friend with the Federal Bureau of Investigation to help, and that the FBI sent their evidence recovery team to perform the searches.
Under cross examination by Glover, Hollingsworth told the jury the searches of the condo and the Toyota turned up no evidence that could be directly tied to the Millstein murder.
Testimony resumes today, and the trial is expected to continue into next week. If convicted, Parks faces up to life in prison without parole.
3/27/2013
Parks murder trial goes into third day
http://www.baxterbulletin.com/article/20130327/NEWS01/303270039/Parks-murder-trial-goes-into-third-day
During testimony Wednesday afternoon, Arkansas Chief Medical Examiner Dr. Charles Kokes demonstrates the area of the neck that was cut on Dr. David Millstein's body.
The murder trial of Gary Wayne Parks, 42, went into its third day Wednesday. Parks is accused of the June 2006 murder of his stepfather, Dr. David Millstein, 62, a Mountain Home urologist.
In the morning, Baxter County Circuit Judge John Putman ruled the jury could view a number of autopsy photos.
Two Hiram Shaddox Geriatrics Center employees also testified Wednesday morning that Millstein received a phone call from a family member that upset him on Friday night, June 16, 2006.
One employee testified that she believed Millstein was speaking to his wife, Lois Jane Parks Millstein, and they were discussing the defendent. Millstein’s body was discovered Sunday, June 18, 2006.
Arkansas State Medical Examiner Charles Kokes testified Wednesday afternoon that the autopsy on Dr. David Millstein revealed Millstein was stabbed or cut 30 times with a knife or knife-like blade.
The murder trial of Gary Wayne Parks, 42, went into its third day Wednesday. Parks is accused of the June 2006 murder of his stepfather, Dr. David Millstein, 62, a Mountain Home urologist.
In the morning, Baxter County Circuit Judge John Putman ruled the jury could view a number of autopsy photos.
Two Hiram Shaddox Geriatrics Center employees also testified Wednesday morning that Millstein received a phone call from a family member that upset him on Friday night, June 16, 2006.
One employee testified that she believed Millstein was speaking to his wife, Lois Jane Parks Millstein, and they were discussing the defendent. Millstein’s body was discovered Sunday, June 18, 2006.
Arkansas State Medical Examiner Charles Kokes testified Wednesday afternoon that the autopsy on Dr. David Millstein revealed Millstein was stabbed or cut 30 times with a knife or knife-like blade.
State medical examiner testifies at Parks trial
http://ktlo.com/wire/newswed/03159_PARKS_TRIAL-THIRD_DAY_173306.php
by Ray Dean Davis
State medical examiner Dr. Charles Kokes was among the prosecution's witnesses testifying during the third day of the Gary Parks capital murder trial in Baxter County Circuit Court. Kokes' testimony involved an autopsy done on the body of Dr. David Millstein of Mountain Home.
Parks is accused of murdering Dr. Millstein, his stepfather, in June of 2006 at the Millstein residence in Mountain Home.
Ray Dean Davis has more on the story.
Dr. Kokes presented in detail the results of the autopsy, which was done on June 20th, 2006, two days after the victims body was found on the bedroom floor of his residence.
According to the testimony, the victim had a total of 30 sharp-force injuries on various parts of his body, including a slice across his throat. Kokes said the instrument used to inflict the wounds was likely a knife or knife-like object that was about one-and-one-quarter inches wide and six inches long. One of the wounds penetrated to a depth of seven inches.
Kokes said at least one puncture to the chest area had penetrated the victim's heart, resulting in rapid blood loss and leaving him weak and unable to resist further attack.
He said the assault likely began as Dr. Milstein lay in bed. The victim then probably rolled onto the floor, where he sustained further injuries to his back and finally to his throat. Kokes said by the time the victim's neck had been pulled back with great force and his throat cut, there was very little bleeding, indicating that he was already deceased or very near it at that time.
There were also some blunt force injuries on the body.
The jury was allowed to view seven of more than 60 photos taken of the autopsy as Dr. Kokes described his findings.
The medical examiner estimated the time of death at between 1 and 6 a.m. on Saturday, June 17th, 2006.
Several witnesses testified that on days just prior to his murder Dr. Millstein had expressed some concern regarding his stepson, the defendant. Testimony further indicated that the two had often disagreed over money matters.
Parks' ex-wife, Rhonda Parks, a physician, testified that she had met Parks and his mother, Jane Parks, on June 17th in central Arkansas, where Parks was to return his daughter after a weekend visitation. The ex-wife asked about Dr. Millstein and Gary Parks replied that they didn't know where he was.
There has been some conflicting testimony regarding whether or not Dr. Millstein was on call at Baxter Regional Medical Center. Gary Parks says Millstein was supposed to be at a family get-together that weekend in Little Rock. Some of his co-workers testified that he was on call and would never have planned to go out of town.
Two of the workers at Millstein's medical practice described Parks coming into the office in the days following Millstein's death. They described him as appearing agitated, rather than grieving.
by Ray Dean Davis
State medical examiner Dr. Charles Kokes was among the prosecution's witnesses testifying during the third day of the Gary Parks capital murder trial in Baxter County Circuit Court. Kokes' testimony involved an autopsy done on the body of Dr. David Millstein of Mountain Home.
Parks is accused of murdering Dr. Millstein, his stepfather, in June of 2006 at the Millstein residence in Mountain Home.
Ray Dean Davis has more on the story.
Dr. Kokes presented in detail the results of the autopsy, which was done on June 20th, 2006, two days after the victims body was found on the bedroom floor of his residence.
According to the testimony, the victim had a total of 30 sharp-force injuries on various parts of his body, including a slice across his throat. Kokes said the instrument used to inflict the wounds was likely a knife or knife-like object that was about one-and-one-quarter inches wide and six inches long. One of the wounds penetrated to a depth of seven inches.
Kokes said at least one puncture to the chest area had penetrated the victim's heart, resulting in rapid blood loss and leaving him weak and unable to resist further attack.
He said the assault likely began as Dr. Milstein lay in bed. The victim then probably rolled onto the floor, where he sustained further injuries to his back and finally to his throat. Kokes said by the time the victim's neck had been pulled back with great force and his throat cut, there was very little bleeding, indicating that he was already deceased or very near it at that time.
There were also some blunt force injuries on the body.
The jury was allowed to view seven of more than 60 photos taken of the autopsy as Dr. Kokes described his findings.
The medical examiner estimated the time of death at between 1 and 6 a.m. on Saturday, June 17th, 2006.
Several witnesses testified that on days just prior to his murder Dr. Millstein had expressed some concern regarding his stepson, the defendant. Testimony further indicated that the two had often disagreed over money matters.
Parks' ex-wife, Rhonda Parks, a physician, testified that she had met Parks and his mother, Jane Parks, on June 17th in central Arkansas, where Parks was to return his daughter after a weekend visitation. The ex-wife asked about Dr. Millstein and Gary Parks replied that they didn't know where he was.
There has been some conflicting testimony regarding whether or not Dr. Millstein was on call at Baxter Regional Medical Center. Gary Parks says Millstein was supposed to be at a family get-together that weekend in Little Rock. Some of his co-workers testified that he was on call and would never have planned to go out of town.
Two of the workers at Millstein's medical practice described Parks coming into the office in the days following Millstein's death. They described him as appearing agitated, rather than grieving.
Jury views crime scene photos at murder trial
http://www.baxterbulletin.com/article/20130327/NEWS01/303270002/Jury-views-crime-scene-photos-murder-trial
Parks faces up to life in prison without parole
Written by: Josh Dooley
Prosecutors hammered home the brutal nature of the Dr. David Millstein slaying Tuesday during the first day of testimony in the capital murder trial of Gary Parks.
Deputy Prosecuting Attorney Kerry Chism introduced more than four dozen crime scene photographs, including a dozen of the slain Millstein, a 62-year-old Mountain Home urologist.
Parks, 42, is accused in the June 17, 2006, stabbing death of Millstein, his stepfather.
Sgt. Eddie Griffin, a criminal investigator with the Mountain Home Police Department, was on the stand when Chism asked him to identify several photographs of Millstein’s body after it was discovered on the night of June 18, 2006.
As Chism handed Griffin different photographs of Millstein’s body, Griffin told the jury about the wounds depicted in the photographs. Griffin said Millstein had nine stab or cutting wounds to his back and at least one wound to the back of his left leg, and that Millstein’s throat had been cut almost from ear-to-ear.
Millstein also had cuts to his right hand, wounds Griffin told the jury were defensive in nature, as Millstein attempted to fight off his attacker.
After Griffin identified each photograph, Chism handed the photographs to jurors, who could be seen studying the photographs.
Under cross-examination by defense attorney Joe Perry, Griffin told jurors a desktop computer had been removed from the home, and an accompanying modem and router were still plugged in. Griffin also testified he did not know if anything was missing from the home.
Perry also asked Griffin about a note investigators found on a table in Millstein’s home. The entire note was not legible, but one portion read “Anger at LJP,” according to Griffin. Perry then asked if those were the initials of Parks’ mother, Lois Jane Parks Millstein, Millstein’s wife.
Defense attorneys Perry and Danny Glover previously told the jury police had ignored Lois Jane Parks Millstein as a suspect and concentrated on her son.
Baker testified Gary Parks called the hospital late in the night on June 18, 2006, the day after authorities say Millstein was stabbed. During that conversation, Baker said Parks asked for someone to go check on his stepfather because he was supposed to have met Parks and his mother in Little Rock on the night of June 17.
“I just thought it was odd, he sounded very anxious,” Baker said. “It was odd that he was adamant that there was a meeting between him, his stepdad and his mother when Dr. Millstein was on call. Dr. Millstein would never plan to go out of town when he was on call.”
Baker testified Millstein was on call during the weekend in question, and that doctors on call, by hospital policy, had to remain in the local area to respond if they were needed. Millstein’s biological son, Richard Millstein, also called Baker trying to find his father.
After Parks called, Baker said she contacted MHPD and asked that they go to Millstein’s 1707 Stephens Court home and check on his welfare.
Police dispatcher Dennis Cantrell then testified, saying he took Baker’s call. Cantrell said he called former MHPD officer Wade Robson, who went to Millstein’s home. Cantrell said Robson discovered Millstein’s body, touching off the investigation.
Cantrell told the jury that records indicate Baker called to ask for an officer to check on Millstein. Some 37 minutes later, Cantrell said Parks called police, asking they check on his stepfather.
Chism played a recording of the conversation between Cantrell and Parks.
“My name is Gary Parks, and I’m trying to ... my stepfather has disappeared,” Parks can be heard to say. “He was supposed to have been here yesterday, and he usually calls by 10 o’clock, and we haven’t seen or heard from him since Friday night.”
By that point, according to testimony, Millstein’s body had already been discovered by Robson, who testified next.
Robson testified he was dispatched to Millstein’s home, went there, knocked on the door, and rang the doorbell. Robson said there was a light on in the house. When Robson tried the front door, he told the jury he found it unlocked.
Robson announced himself as he entered the home. He searched the home, and discovered Millstein’s body in the master bedroom, face down in a pool of blood with a burnt area on the floor nearby.
Robson said when his supervisor Sgt. Kevin Litty arrived, they discovered the gas line feeding the fireplace was turned off, and that there appeared to be ash in the fireplace like someone attempted to burn something.
Under questioning, Robson told the jury it was a hot June night. Litty then testified, essentially corroborating Robson’s account of how they checked to make certain Millstein was dead, there were no other victims in the house, and that no suspect was still in the home.
Next to arrive at the scene was former MHPD criminal investigator Robert Hardin, who told the jury when he arrived at the scene, he sketched the home and took more than 230 photographs in and around the home, including several items marked as evidence.
Some items investigators took into evidence included a Home Depot receipt, a note, an oral hygiene product found on Millstein’s bed, a cigarette butt, and numerous bedding items.
During cross-examination, Glover asked Hardin if he would expect the person who killed Millstein to have blood on their clothes and person.
“I don’t know for certain,” Hardin replied. “But I assume so.”
Hardin said he could not be certain if a robbery had or had not occurred at Millstein’s home as the home was extremely cluttered, and Hardin was uncertain what was in the home prior to Millstein’s murder.
The last three witnesses to appear in court Tuesday were employees of the Arkansas State Crime Lab.
Their testimony revealed all the blood collected from Millstein’s home was Millstein’s, that the DNA on a cigarette butt found in the driveway of the home was, to a scientific certainty, that of Parks. In addition, according to expert testimony, blood found on a shoe that was recovered in a vehicle driven by Parks, was not human blood.
Two items and three fingerprint cards collected from the scene and turned into the crime lab did not have enough information for experts to match the prints to an individual, according to a crime lab expert.
The trial is expected to last into early next week.
If found guilty, Parks faces up to life in prison without parole.
Parks faces up to life in prison without parole
Written by: Josh Dooley
Prosecutors hammered home the brutal nature of the Dr. David Millstein slaying Tuesday during the first day of testimony in the capital murder trial of Gary Parks.
Deputy Prosecuting Attorney Kerry Chism introduced more than four dozen crime scene photographs, including a dozen of the slain Millstein, a 62-year-old Mountain Home urologist.
Parks, 42, is accused in the June 17, 2006, stabbing death of Millstein, his stepfather.
Sgt. Eddie Griffin, a criminal investigator with the Mountain Home Police Department, was on the stand when Chism asked him to identify several photographs of Millstein’s body after it was discovered on the night of June 18, 2006.
As Chism handed Griffin different photographs of Millstein’s body, Griffin told the jury about the wounds depicted in the photographs. Griffin said Millstein had nine stab or cutting wounds to his back and at least one wound to the back of his left leg, and that Millstein’s throat had been cut almost from ear-to-ear.
Millstein also had cuts to his right hand, wounds Griffin told the jury were defensive in nature, as Millstein attempted to fight off his attacker.
After Griffin identified each photograph, Chism handed the photographs to jurors, who could be seen studying the photographs.
Under cross-examination by defense attorney Joe Perry, Griffin told jurors a desktop computer had been removed from the home, and an accompanying modem and router were still plugged in. Griffin also testified he did not know if anything was missing from the home.
Perry also asked Griffin about a note investigators found on a table in Millstein’s home. The entire note was not legible, but one portion read “Anger at LJP,” according to Griffin. Perry then asked if those were the initials of Parks’ mother, Lois Jane Parks Millstein, Millstein’s wife.
Defense attorneys Perry and Danny Glover previously told the jury police had ignored Lois Jane Parks Millstein as a suspect and concentrated on her son.
Other witnesses
The first witness to appear before the jury and Baxter County Circuit Court Judge John Putman Tuesday morning was Tina Baker, who was serving as a dispatcher for Baxter Regional Medical Center at the time Millstein was murdered.Baker testified Gary Parks called the hospital late in the night on June 18, 2006, the day after authorities say Millstein was stabbed. During that conversation, Baker said Parks asked for someone to go check on his stepfather because he was supposed to have met Parks and his mother in Little Rock on the night of June 17.
“I just thought it was odd, he sounded very anxious,” Baker said. “It was odd that he was adamant that there was a meeting between him, his stepdad and his mother when Dr. Millstein was on call. Dr. Millstein would never plan to go out of town when he was on call.”
Baker testified Millstein was on call during the weekend in question, and that doctors on call, by hospital policy, had to remain in the local area to respond if they were needed. Millstein’s biological son, Richard Millstein, also called Baker trying to find his father.
After Parks called, Baker said she contacted MHPD and asked that they go to Millstein’s 1707 Stephens Court home and check on his welfare.
Police dispatcher Dennis Cantrell then testified, saying he took Baker’s call. Cantrell said he called former MHPD officer Wade Robson, who went to Millstein’s home. Cantrell said Robson discovered Millstein’s body, touching off the investigation.
Cantrell told the jury that records indicate Baker called to ask for an officer to check on Millstein. Some 37 minutes later, Cantrell said Parks called police, asking they check on his stepfather.
Chism played a recording of the conversation between Cantrell and Parks.
“My name is Gary Parks, and I’m trying to ... my stepfather has disappeared,” Parks can be heard to say. “He was supposed to have been here yesterday, and he usually calls by 10 o’clock, and we haven’t seen or heard from him since Friday night.”
By that point, according to testimony, Millstein’s body had already been discovered by Robson, who testified next.
Robson testified he was dispatched to Millstein’s home, went there, knocked on the door, and rang the doorbell. Robson said there was a light on in the house. When Robson tried the front door, he told the jury he found it unlocked.
Robson announced himself as he entered the home. He searched the home, and discovered Millstein’s body in the master bedroom, face down in a pool of blood with a burnt area on the floor nearby.
Robson said when his supervisor Sgt. Kevin Litty arrived, they discovered the gas line feeding the fireplace was turned off, and that there appeared to be ash in the fireplace like someone attempted to burn something.
Under questioning, Robson told the jury it was a hot June night. Litty then testified, essentially corroborating Robson’s account of how they checked to make certain Millstein was dead, there were no other victims in the house, and that no suspect was still in the home.
Next to arrive at the scene was former MHPD criminal investigator Robert Hardin, who told the jury when he arrived at the scene, he sketched the home and took more than 230 photographs in and around the home, including several items marked as evidence.
Some items investigators took into evidence included a Home Depot receipt, a note, an oral hygiene product found on Millstein’s bed, a cigarette butt, and numerous bedding items.
During cross-examination, Glover asked Hardin if he would expect the person who killed Millstein to have blood on their clothes and person.
“I don’t know for certain,” Hardin replied. “But I assume so.”
Hardin said he could not be certain if a robbery had or had not occurred at Millstein’s home as the home was extremely cluttered, and Hardin was uncertain what was in the home prior to Millstein’s murder.
The last three witnesses to appear in court Tuesday were employees of the Arkansas State Crime Lab.
Their testimony revealed all the blood collected from Millstein’s home was Millstein’s, that the DNA on a cigarette butt found in the driveway of the home was, to a scientific certainty, that of Parks. In addition, according to expert testimony, blood found on a shoe that was recovered in a vehicle driven by Parks, was not human blood.
Two items and three fingerprint cards collected from the scene and turned into the crime lab did not have enough information for experts to match the prints to an individual, according to a crime lab expert.
The trial is expected to last into early next week.
If found guilty, Parks faces up to life in prison without parole.
Testimony starts in Parks trial; day three begins today
http://ktlo.com/wire/newswed/03041_PARKS_TRIAL-SECOND_DAY_051927.php
KTLO News
by: Ray Dean Davis
Testimony began yesterday in Baxter County Circuit Court in the felony capital murder trial of Gary Wayne Parks. Parks is accused of killing his stepfather, Dr. David Millstein of Mountain Home in June of 2006.
The prosecution began laying groundwork for its case by calling several witnesses involved in the initial discovery of Millstein's body and investigators who processed the murder scene.
Ray Dean Davis has the story.
The first two witnesses were dispatchers, Tina Baker, formerly with Baxter Regional Medical Center and Dennis Cantrell with the Mountain Home Police Department. Baker related how concern grew for Dr. Millstein when he didn't return phone calls from the hospital although he was on call on that weekend in June, 2006.
She also said Gary Parks called her during that time asking for a check on his stepfather. She said he didn't sound concerned, but more as if he wanted someone to go to the home. Baker, whose last name then was Finley, called Cantrell at the police station and he dispatched Officer Wade Robson to Millstein's house.
Robson responded to find Millstein's body inside what was termed a very cluttered and disorganized house. He said the bloody victim was lying face-down in the floor with the remnants of some burned material lodged between his torso and arm.
Robson called his supervisor, Officer Kevin Litty, who came to the scene, then called investigators Robert Hardin and Eddie Griffin. During testimony Griffin described what he found at the scene. Among other things, he said Millstein had been stabbed several times with a sharp instrument and his throat had been cut. He said the doctor had one defensive wound on his right hand, as if he'd tried to
ward off his assailant.
Several photos of the crime scene and victim were shown to the six-man, six woman jury after Judge John Putman ruled that they could be admitted as evidence.
In answer to questions, Investigator Griffin said the scene didn't appear to have stemmed from a robbery, although he said he hadn't seen the house before that time and couldn't say for certain that nothing was missing. He also described the house as cluttered and full of items.
Other witnesses included representatives of the state crime lab who testified that blood found on several items in the home came from Dr. Millstein.
In its opening statement the defense team had mentioned semen being found on a carpet at the murder scene, which they contended could have indicated that a female had been with the doctor at the time of his death. However, both a forensic serologist and a forensic DNA examiner with the state crime lab said it was impossible to tell how long the semen had been there.
Also, the DNA examiner said that blood on a shoe found in Gary Parks' car had no DNA profile, indicating that it likely came from an animal. It was pointed out that a cigarette butt found outside the Millstein home contained a DNA profile that matched it to Gary Parks in 10 out of 16 possible areas.
Parks attended the court session, dressed in street clothes and showing little emotion as testimony was given. He is represented in the case by attorneys Joe Perry and Danny Glover, along with Stacey Worthington-Chism, a mitigation specialist with the Arkansas Public Defenders Commission.
The prosecution is being handled by Prosecutor Ron Kincade and Deputy Prosecutor Kerry Chism.
The trial is expected to last for more than a week.
KTLO News
by: Ray Dean Davis
Testimony began yesterday in Baxter County Circuit Court in the felony capital murder trial of Gary Wayne Parks. Parks is accused of killing his stepfather, Dr. David Millstein of Mountain Home in June of 2006.
The prosecution began laying groundwork for its case by calling several witnesses involved in the initial discovery of Millstein's body and investigators who processed the murder scene.
Ray Dean Davis has the story.
The first two witnesses were dispatchers, Tina Baker, formerly with Baxter Regional Medical Center and Dennis Cantrell with the Mountain Home Police Department. Baker related how concern grew for Dr. Millstein when he didn't return phone calls from the hospital although he was on call on that weekend in June, 2006.
She also said Gary Parks called her during that time asking for a check on his stepfather. She said he didn't sound concerned, but more as if he wanted someone to go to the home. Baker, whose last name then was Finley, called Cantrell at the police station and he dispatched Officer Wade Robson to Millstein's house.
Robson responded to find Millstein's body inside what was termed a very cluttered and disorganized house. He said the bloody victim was lying face-down in the floor with the remnants of some burned material lodged between his torso and arm.
Robson called his supervisor, Officer Kevin Litty, who came to the scene, then called investigators Robert Hardin and Eddie Griffin. During testimony Griffin described what he found at the scene. Among other things, he said Millstein had been stabbed several times with a sharp instrument and his throat had been cut. He said the doctor had one defensive wound on his right hand, as if he'd tried to
ward off his assailant.
Several photos of the crime scene and victim were shown to the six-man, six woman jury after Judge John Putman ruled that they could be admitted as evidence.
In answer to questions, Investigator Griffin said the scene didn't appear to have stemmed from a robbery, although he said he hadn't seen the house before that time and couldn't say for certain that nothing was missing. He also described the house as cluttered and full of items.
Other witnesses included representatives of the state crime lab who testified that blood found on several items in the home came from Dr. Millstein.
In its opening statement the defense team had mentioned semen being found on a carpet at the murder scene, which they contended could have indicated that a female had been with the doctor at the time of his death. However, both a forensic serologist and a forensic DNA examiner with the state crime lab said it was impossible to tell how long the semen had been there.
Also, the DNA examiner said that blood on a shoe found in Gary Parks' car had no DNA profile, indicating that it likely came from an animal. It was pointed out that a cigarette butt found outside the Millstein home contained a DNA profile that matched it to Gary Parks in 10 out of 16 possible areas.
Parks attended the court session, dressed in street clothes and showing little emotion as testimony was given. He is represented in the case by attorneys Joe Perry and Danny Glover, along with Stacey Worthington-Chism, a mitigation specialist with the Arkansas Public Defenders Commission.
The prosecution is being handled by Prosecutor Ron Kincade and Deputy Prosecutor Kerry Chism.
The trial is expected to last for more than a week.
3/26/2013
Victim killed for money, prosecutor says
http://www.baxterbulletin.com/article/20130325/NEWS01/303250034/Millstein-murder-trial-begins
In his opening statement Monday, Baxter County Prosecuting Attorney Ron Kincade told a circuit court jury the reason Gary Wayne Parks killed his stepfather Dr. David Millstein was a $500,000 life insurance policy.
Parks, 42, is on trial for the June 17, 2006, stabbing death of his stepfather. He faces up to life imprinsonment without parole.
“Someone entered the residence while Dr. Millstein was sleeping and stabbed him to death. It was a violent and brutal murder,” Kincade told the jury, comprised of six men and six women. “There was an attempt to burn the body and set the house on fire.”
Kincade said the story began in 1996 when Millstein, 62, married Lois Jane Parks, the mother of the defendant. The couple moved to Mountain Home in 1998, and kept a condo in Maumelle.
Gary Parks was always always dependent financially on his mother, according to Kincade. Kincade said Millstein’s marriage became strained, and the majority of the strain was financial.
“The victim was plagued by money problems almost throughout the entire time of the marriage with Lois Jane Parks,” Kincade said to the jury. “You’ll learn that Gary Parks was, and always was, the voice for Lois Jane Parks, with Dr. Millstein over money.”
In June 2006, the money problems reached a boiling point, according to Kincade, who said Lois Jane Parks told her husband she needed $40,000 in dental work, and Millstein declined to pay for the work.
Kincade said Gary Parks was angry with Millstein because Parks felt Millstein was financially draining his mother.
Kincade said Parks and his mother, who shared a condo in Maumelle, came to Millstein’s Mountain Home residence three days prior to Millstein’s murder.
According to Kincade, Parks told investigators he had dinner with his stepfather on the Thursday before the murder.
During that dinner, Parks allegedly told Millstein that Millstein was in debt and things needed to change. Additionally, Parks reportedly told investigators Millstein borrowed $25,000 from Parks’ mother, and that Parks’ mother had paid Millstein’s clinic’s payroll for eight weeks previous to the murder.
As the investigation progressed, investigators learned Millstein’s wife had a trust with a life insurance policy on Millstein worth in excess of $500,000, Kincade told the jury.
Kincade went on to say Millstein told two witnesses during the week leading up to his murder that Parks had assaulted him, that he was scared of Parks, and that he was depressed.
A nurse who worked with Millstein who is expected to testify, will tell jurors, according to Kincade, that Millstein was so frightened of Parks that he spoke to her about purchasing a gun she owned.
On the Friday before the murder, Parks and his mother left Mountain Home and drove back to the Maumelle condo. At 9:40 p.m. that same night, Millstein left Hiram Shaddox, a nursing home on the Baxter Regional Medical Center campus.
The last time anyone had contact with Millstein was at 1 a.m. on the morning of June 17, 2006. A doctor at BRMC called Millstein to consult about a patient, Kincade told jurors.
Hospital personnel attempted and failed to contact Millstein beginning at 6 a.m. on June 17. Many people attempted to call Millstein over the course of the weekend, according to Kincade.
Parks told investigators two different stories about where he was on the night his stepfather was murdered, Kincade told jurors. In one version, Parks told an investigator he was at a party until 1 a.m. on June 17.
In the second version of the story, Parks told a different investigator he arrived home that night at 9 p.m. and never left the condo until the next day, Kincade told the jury.
Investigators discovered Parks went to a party in the Maumelle area. At 10:30 on Friday night, Parks turned off his cell phone and did not turn it back on again until 6 a.m. Saturday morning.
The time period Parks’ cell phone was turned off includes the time period — between 1 a.m. and 6 a.m. Saturday morning — the state medical examiner says Millstein was killed.
Two witnesses, one with a criminal past and the other a Baxter County jailer, will testify Parks told them he killed his stepfather.
“They had some suspects, but they couldn’t tie any of them to the murder,” Glover told the jury. “They had Thea Millstein, Dr. Millstein’s first wife as a suspect.”
Thea Millstein threatened to kill Millstein, to stab him and his new wife, according to Glover, who said Dr. Millstein took out a restraining order against his former wife.
Thea Millstein was committed to a state hospital at least once because she was considered homicidal or suicidal, Glover told the jury.
Glover then told the jury Lois Jane Millstein, whom Kincade referred to as Lois Jane Parks, was also a potential suspect in Millstein’s murder.
“Jane, of all the people in the world, Jane had two husbands murdered,” Glover told the jury. “Not one, two. Her first husband Gerry Parks was shot down in 1992 on the streets of Little Rock, a crime that’s never been solved.”
According to Glover, in the months before Millstein’s death, Lois Jane Parks (Millstein) told her doctor she planned to divorce Millstein. She also told other individuals she was looking for another man, Glover told the jury.
“Witnesses overheard Jane say she wanted Millstein out of her life. Witnesses overheard Jane say she was to make a lot of money if Millstein died,” Glover said. “She received a substantial amount of money after he died.”
In 2011, Lois Jane Parks (Millstein) told Dr. Rhonda Parks that she killed Millstein, according to Glover. Dr. Rhonda Parks is the ex-wife of defendant Gary Parks.
“That’s a pretty good suspect,” Glover told the jury. “But for some strange reason, the police focused on Gary Parks. The police have already got their minds made up. They focused strictly on Gary Parks.”
Glover went on to tell the jury that despite calling in FBI experts, no blood evidence was found in Parks’ condo, his car, or on his person. No murder weapon was found. In addition, Glover told the jury Millstein suffered defensive wounds and no wounds were found on Parks.
Parks’ vehicle was not cleaned, according to Glover, who told the jury the vehicle was trashed and no attempt was made to clean it.
“This was a brutal murder, it was very bloody,” Glover said. “You’ll see blood transfers from the crime scene throughout the house. So whoever committed this crime would have blood on their body or on their hands. You find no blood on Gary Parks. you find no blood on Gary Parks’ clothes, no blood on any vehicle driven by Gary parks, and no blood in Gary Parks’ and Dr. Millstein’s condo.”
Parks was at the party on Friday night, Glover told the jury. He drank heavily at the party.
“He’s drunk. You’re going to see somewhere around midnight or so his cell phone pings off towers in the Little Rock area,” Glover said. “Again, you’ll hear testimony it pinged off a tower somewhere in the North Little Rock area around 6 a.m.”
“They want you to believe to believe Gary Parks left Maumelle sometime after midnight, in a drunken state, drives all the way to Mountain Home, does this crime, and gets back to Little Rock by 6 a.m. in that drunken state,” Glover told the jury.
“Gary Parks did not commit this crime,” Glover said in closing. “We ask at the end of this trial you find Mr. Parks not guilty.”
The trial is slated to continue at 9 a.m. today.
Dr. David I. Millstein
Parks, 42, is on trial for the June 17, 2006, stabbing death of his stepfather. He faces up to life imprinsonment without parole.
“Someone entered the residence while Dr. Millstein was sleeping and stabbed him to death. It was a violent and brutal murder,” Kincade told the jury, comprised of six men and six women. “There was an attempt to burn the body and set the house on fire.”
Kincade said the story began in 1996 when Millstein, 62, married Lois Jane Parks, the mother of the defendant. The couple moved to Mountain Home in 1998, and kept a condo in Maumelle.
Gary Parks was always always dependent financially on his mother, according to Kincade. Kincade said Millstein’s marriage became strained, and the majority of the strain was financial.
“The victim was plagued by money problems almost throughout the entire time of the marriage with Lois Jane Parks,” Kincade said to the jury. “You’ll learn that Gary Parks was, and always was, the voice for Lois Jane Parks, with Dr. Millstein over money.”
In June 2006, the money problems reached a boiling point, according to Kincade, who said Lois Jane Parks told her husband she needed $40,000 in dental work, and Millstein declined to pay for the work.
Kincade said Gary Parks was angry with Millstein because Parks felt Millstein was financially draining his mother.
Kincade said Parks and his mother, who shared a condo in Maumelle, came to Millstein’s Mountain Home residence three days prior to Millstein’s murder.
According to Kincade, Parks told investigators he had dinner with his stepfather on the Thursday before the murder.
During that dinner, Parks allegedly told Millstein that Millstein was in debt and things needed to change. Additionally, Parks reportedly told investigators Millstein borrowed $25,000 from Parks’ mother, and that Parks’ mother had paid Millstein’s clinic’s payroll for eight weeks previous to the murder.
As the investigation progressed, investigators learned Millstein’s wife had a trust with a life insurance policy on Millstein worth in excess of $500,000, Kincade told the jury.
Kincade went on to say Millstein told two witnesses during the week leading up to his murder that Parks had assaulted him, that he was scared of Parks, and that he was depressed.
A nurse who worked with Millstein who is expected to testify, will tell jurors, according to Kincade, that Millstein was so frightened of Parks that he spoke to her about purchasing a gun she owned.
On the Friday before the murder, Parks and his mother left Mountain Home and drove back to the Maumelle condo. At 9:40 p.m. that same night, Millstein left Hiram Shaddox, a nursing home on the Baxter Regional Medical Center campus.
The last time anyone had contact with Millstein was at 1 a.m. on the morning of June 17, 2006. A doctor at BRMC called Millstein to consult about a patient, Kincade told jurors.
Hospital personnel attempted and failed to contact Millstein beginning at 6 a.m. on June 17. Many people attempted to call Millstein over the course of the weekend, according to Kincade.
Parks told investigators two different stories about where he was on the night his stepfather was murdered, Kincade told jurors. In one version, Parks told an investigator he was at a party until 1 a.m. on June 17.
In the second version of the story, Parks told a different investigator he arrived home that night at 9 p.m. and never left the condo until the next day, Kincade told the jury.
Investigators discovered Parks went to a party in the Maumelle area. At 10:30 on Friday night, Parks turned off his cell phone and did not turn it back on again until 6 a.m. Saturday morning.
The time period Parks’ cell phone was turned off includes the time period — between 1 a.m. and 6 a.m. Saturday morning — the state medical examiner says Millstein was killed.
Two witnesses, one with a criminal past and the other a Baxter County jailer, will testify Parks told them he killed his stepfather.
The defense
Defense attorney Danny Glover told jurors police were desperate to solve the case and manufactured evidence against Parks while excluding evidence that pointed to other suspects, including Millstein’s ex-wife, and current wife at the time of his death, Lois Jane Parks, Gary Parks’ mother.“They had some suspects, but they couldn’t tie any of them to the murder,” Glover told the jury. “They had Thea Millstein, Dr. Millstein’s first wife as a suspect.”
Thea Millstein threatened to kill Millstein, to stab him and his new wife, according to Glover, who said Dr. Millstein took out a restraining order against his former wife.
Thea Millstein was committed to a state hospital at least once because she was considered homicidal or suicidal, Glover told the jury.
Glover then told the jury Lois Jane Millstein, whom Kincade referred to as Lois Jane Parks, was also a potential suspect in Millstein’s murder.
“Jane, of all the people in the world, Jane had two husbands murdered,” Glover told the jury. “Not one, two. Her first husband Gerry Parks was shot down in 1992 on the streets of Little Rock, a crime that’s never been solved.”
According to Glover, in the months before Millstein’s death, Lois Jane Parks (Millstein) told her doctor she planned to divorce Millstein. She also told other individuals she was looking for another man, Glover told the jury.
“Witnesses overheard Jane say she wanted Millstein out of her life. Witnesses overheard Jane say she was to make a lot of money if Millstein died,” Glover said. “She received a substantial amount of money after he died.”
In 2011, Lois Jane Parks (Millstein) told Dr. Rhonda Parks that she killed Millstein, according to Glover. Dr. Rhonda Parks is the ex-wife of defendant Gary Parks.
“That’s a pretty good suspect,” Glover told the jury. “But for some strange reason, the police focused on Gary Parks. The police have already got their minds made up. They focused strictly on Gary Parks.”
Glover went on to tell the jury that despite calling in FBI experts, no blood evidence was found in Parks’ condo, his car, or on his person. No murder weapon was found. In addition, Glover told the jury Millstein suffered defensive wounds and no wounds were found on Parks.
Parks’ vehicle was not cleaned, according to Glover, who told the jury the vehicle was trashed and no attempt was made to clean it.
“This was a brutal murder, it was very bloody,” Glover said. “You’ll see blood transfers from the crime scene throughout the house. So whoever committed this crime would have blood on their body or on their hands. You find no blood on Gary Parks. you find no blood on Gary Parks’ clothes, no blood on any vehicle driven by Gary parks, and no blood in Gary Parks’ and Dr. Millstein’s condo.”
Parks was at the party on Friday night, Glover told the jury. He drank heavily at the party.
“He’s drunk. You’re going to see somewhere around midnight or so his cell phone pings off towers in the Little Rock area,” Glover said. “Again, you’ll hear testimony it pinged off a tower somewhere in the North Little Rock area around 6 a.m.”
“They want you to believe to believe Gary Parks left Maumelle sometime after midnight, in a drunken state, drives all the way to Mountain Home, does this crime, and gets back to Little Rock by 6 a.m. in that drunken state,” Glover told the jury.
“Gary Parks did not commit this crime,” Glover said in closing. “We ask at the end of this trial you find Mr. Parks not guilty.”
The trial is slated to continue at 9 a.m. today.
Testimony begins in Gary Wayne Parks murder trial
http://www.baxterbulletin.com/article/20130326/NEWS01/303260037/Testimony-begins-Gary-Wayne-Parks-murder-trial
Morning testimony included a hospital dispatcher no longer is employed at Baxter Regional Medical Center, who testified concerning a call from Parks the day after Millstein died. Also testifying before lunch were a Mountain Home Police Department dispatcher and one current and two former MHPD officers.
After a lunch break, Sgt. Eddie Griffin of Mountain Home Police Department testified that Millstein’s throat was cut, and he had at least eight or nine stab or cut wounds to his back and at least one wound to the back of his left leg.
Millstein had a defensive wound to his right hand from attempting to fight off his attacker, Griffin testified.
The six man, six woman jury viewed photographs of the stab and cut wounds to Millstein’s body.
For in-depth coverage of the trial, check Wednesday’s print edition of The Baxter Bulletin or visit www.baxterbulletin.com, where you also can view a video report by staff writer Josh Dooley.
Written by: Bulletin Staff
Testimony began Tuesday in the second day of the Gary Wayne Parks murder trial. Parks, 42, is accused of killing his stepfather, Dr. David Millstein in June 2006.Morning testimony included a hospital dispatcher no longer is employed at Baxter Regional Medical Center, who testified concerning a call from Parks the day after Millstein died. Also testifying before lunch were a Mountain Home Police Department dispatcher and one current and two former MHPD officers.
After a lunch break, Sgt. Eddie Griffin of Mountain Home Police Department testified that Millstein’s throat was cut, and he had at least eight or nine stab or cut wounds to his back and at least one wound to the back of his left leg.
Millstein had a defensive wound to his right hand from attempting to fight off his attacker, Griffin testified.
The six man, six woman jury viewed photographs of the stab and cut wounds to Millstein’s body.
For in-depth coverage of the trial, check Wednesday’s print edition of The Baxter Bulletin or visit www.baxterbulletin.com, where you also can view a video report by staff writer Josh Dooley.
Parks trial update: First witness to be called
http://www.baxterbulletin.com/article/20130326/NEWS01/130326001/Parks-trial-update-First-witness-to-be-called
Prosecuting Attorney Ron Kincade announced a hospital dispatcher will be the first witness to testify in the Gary Wayne Parks murder trial.
Parks reportedly called the dispatcher attempting to check on the welfare of his stepfather on June 18, 2006, the day after authorities say Parks murdered 62-year-old Dr. David Millstein.
Prosecuting Attorney Ron Kincade announced a hospital dispatcher will be the first witness to testify in the Gary Wayne Parks murder trial.
Parks reportedly called the dispatcher attempting to check on the welfare of his stepfather on June 18, 2006, the day after authorities say Parks murdered 62-year-old Dr. David Millstein.
Parks trial update: Police officer testified as to wounds
http://www.baxterbulletin.com/article/20130326/NEWS01/130326004/Parks-trial-update-Police-officer-testified-wounds
Testimony continues in the second day of the murder trial of Gary Wayne Parks, 42. Parks is on trial for killing his stepfather, Dr. David Millstein in June 2006.
Written by: Bulletin Staff
Testimony continues in the second day of the murder trial of Gary Wayne Parks, 42. Parks is on trial for killing his stepfather, Dr. David Millstein in June 2006.
Sgt. Eddie Griffin of Mountain Home Police Department testified at 1:40 p.m. that Millstein's throat was cut, and he had at least eight or nine stab or cut wounds to his back and at least one wound to the back of his left leg.
Millstein had a defensive wound to his right hand from attempting to fight off his attacker, Griffin testified
The six man, six woman jury is being shown photographs of the stab and cut wounds to Millstein's body.
Six testify in Parks' murder trial during morning court session
www.ktlo.com (Listen here)
By: Ray Dean Davis
It's day two of the Gary Wayne Parks murder trial and a number of witnesses have taken the stand as the state began presenting its case this morning in Baxter County Circuit Court. The 42-year old Parks is charged with the June, 2006 murder of his step-father, Dr. David Millstein of Mountain Home.
KTLO, Classic Hits and The Boot's Ray Dean Davis is covering the trial and has this report.
If convicted, Gary Wayne Parks faces a maximum penalty of life in prison. The trial is expected to last the remainder of this week and possibly into next week.
By: Ray Dean Davis
It's day two of the Gary Wayne Parks murder trial and a number of witnesses have taken the stand as the state began presenting its case this morning in Baxter County Circuit Court. The 42-year old Parks is charged with the June, 2006 murder of his step-father, Dr. David Millstein of Mountain Home.
KTLO, Classic Hits and The Boot's Ray Dean Davis is covering the trial and has this report.
If convicted, Gary Wayne Parks faces a maximum penalty of life in prison. The trial is expected to last the remainder of this week and possibly into next week.
3/25/2013
Opening statements in Parks trial
http://webcache.googleusercontent.com/search?q=cache:http://ktlo.com/wire/newsmon/06200_PARKS_TRIAL_BEGINS_174453.php
By: Ray Dean Davis
After spending much of the day selecting a jury of six men and six women, along with three alternate jurors, opening statements were presented this afternoon in the felony capital murder case of Gary Wayne Parks in Baxter County Circuit Court.
The 42-year-old Parks is charged in connection with the June, 2006, stabbing death of his stepfather, Mountain Home urologist Dr. David Millstein.
The trial is expected to continue all of this week and likely into next week. Ray Dean Davis reports on today's events.
In his opening statements, Prosecutor Ron Kincade told jurors they would hear some offensive testimony and see disturbing photographs during the trial. He said the victim was stabbed multiple times while in bed at his home on the east side of Mountain Home on or about June 16th, 2006, and in addition an attempt was made to burn the body and the house.
Kincade said there was no forced entry into the house and robbery was not the motive.
He said the victim and his wife, Lois Jane Parks--who is the mother of Gary Wayne Parks-- had been having money trouble. He also said Gary Parks' mother was, and is, his only means of support.
According to Kincade, Gary Parks thought Dr. Millstein was straining his mother financially and had told the victim things were going to change.
The prosecutor said Millstein had told people that Gary Parks had roughed him up and manhandled him and Millstein was considering buying a gun for protection.
Kincade said testimony will show that Parks had the opportunity and motive to kill his stepfather, including a half-million-dollar life insurance policy payable to Lois Jane Parks. He said Parks became a suspect immediately after the discovery of Millstein's body.
In his remarks, Defense Attorney Danny Glover said the defense will show a case of "frustrated police." He said investigators focused on Gary Parks, while a better suspect was Lois Jane Parks. Glover said Jane Parks' first husband, Gerald Parks, was also victim of a homicide, a shooting death that has not yet been solved.
Glover said there were signs of recent sexual activity found at the scene of Millstein's murder. He also pointed out that Jane Parks received a substantial amount of money from Millstein's death and said that at one time she told someone she killed Millstein.
Glover said he'll show that investigators rushed to a conclusion when they charged Gary Wayne Parks.
The defense lists a total of 51 potential witnesses in the case, although not all of them are likely to be called. The prosecution lists 42 possible witnesses. Circuit Judge John Putman is presiding over the case.
If found guilty, Parks could receive a sentence of life in prison without parole.
Testimony is expected to begin at 9 a.m. tomorrow.
By: Ray Dean Davis
After spending much of the day selecting a jury of six men and six women, along with three alternate jurors, opening statements were presented this afternoon in the felony capital murder case of Gary Wayne Parks in Baxter County Circuit Court.
The 42-year-old Parks is charged in connection with the June, 2006, stabbing death of his stepfather, Mountain Home urologist Dr. David Millstein.
The trial is expected to continue all of this week and likely into next week. Ray Dean Davis reports on today's events.
In his opening statements, Prosecutor Ron Kincade told jurors they would hear some offensive testimony and see disturbing photographs during the trial. He said the victim was stabbed multiple times while in bed at his home on the east side of Mountain Home on or about June 16th, 2006, and in addition an attempt was made to burn the body and the house.
Kincade said there was no forced entry into the house and robbery was not the motive.
He said the victim and his wife, Lois Jane Parks--who is the mother of Gary Wayne Parks-- had been having money trouble. He also said Gary Parks' mother was, and is, his only means of support.
According to Kincade, Gary Parks thought Dr. Millstein was straining his mother financially and had told the victim things were going to change.
The prosecutor said Millstein had told people that Gary Parks had roughed him up and manhandled him and Millstein was considering buying a gun for protection.
Kincade said testimony will show that Parks had the opportunity and motive to kill his stepfather, including a half-million-dollar life insurance policy payable to Lois Jane Parks. He said Parks became a suspect immediately after the discovery of Millstein's body.
In his remarks, Defense Attorney Danny Glover said the defense will show a case of "frustrated police." He said investigators focused on Gary Parks, while a better suspect was Lois Jane Parks. Glover said Jane Parks' first husband, Gerald Parks, was also victim of a homicide, a shooting death that has not yet been solved.
Glover said there were signs of recent sexual activity found at the scene of Millstein's murder. He also pointed out that Jane Parks received a substantial amount of money from Millstein's death and said that at one time she told someone she killed Millstein.
Glover said he'll show that investigators rushed to a conclusion when they charged Gary Wayne Parks.
The defense lists a total of 51 potential witnesses in the case, although not all of them are likely to be called. The prosecution lists 42 possible witnesses. Circuit Judge John Putman is presiding over the case.
If found guilty, Parks could receive a sentence of life in prison without parole.
Testimony is expected to begin at 9 a.m. tomorrow.
3/22/2013
Parks murder trial to begin Monday - News | KTLO AM & FM and Classic Hits 101.7 Mountain Lakes Broadcasting Corporation
Parks murder trial to begin Monday - News | KTLO AM & FM and Classic Hits 101.7 Mountain Lakes Broadcasting Corporation
Jury selection in the capital murder trial of 42-year-old Gary Wayne Parks of Germantown, Tennessee is scheduled to begin Monday morning in Baxter County Circuit Court. Parks is charged in connection with the June, 2006, death of his stepfather, 62-year-old Mountain Home urologist Dr. David Millstein.
Millstein's body was found on June 18th, 2006, at his residence in eastern Mountain Home. Police discovered the body after being asked to do a welfare check by staff at Baxter Regional Medical Center who were unable to contact the doctor. Autopsy reports indicate that Millstein died of multiple stab wounds.
Parks was charged with the murder after an intense three-and-a-half year investigation by the Mountain Home Police Department and the Arkansas State Police. His trial is expected to last for up to two weeks, according to 14th District Prosecutor Ron Kincade.
Kincade said the prosecution plans to call 15 to 20 witnesses to the stand and the defense has listed more than 70 potential witnesses, although the actual number is expected to be fewer than that.
Parks is represented in the case by attorneys Danny Glover of Wynne and Joe Perry of Marianna.
Ray Dean Davis has more on the upcoming trial.
After a Baxter County warrant was issued, Parks was taken into custody at his home in the Memphis suburb on December 21st, 2009. Germantown authorities made the arrest, accompanied by Mountain Home Police Investigator Lt. Nevin Barnes and Arkansas State Police Criminal Investigator Mark Hollingsworth.
During a Shelby County court appearance the following day Parks waived extradition and was returned to Mountain Home. On December 23rd he entered a not guilty plea in Baxter County Circuit Court. Since that time he has been held without bond in the county detention center.
During a January, 2010, appearance in circuit court, Parks was declared eligible for public defender services. Federal courts have ruled that attorneys appointed to capital cases, which could result in a death sentence, must meet certain criteria regarding experience and education. No local public defenders met that criteria so appointments were made through the state commission.
Prosecutor Kincade has not definitely said that the state will seek the death penalty if Parks is found guilty, only saying that is an option.
Parks was first tentatively scheduled for trial in July of 2010, but the trial has been continued more than once at the request of defense attorneys.
In August of 2010 Parks was transported under tight security to St. Vincent Hospital in Little Rock where he underwent surgery. Baxter County Sheriff John Montgomery said the medical procedure was not an emergency, but due to privacy laws he couldn't divulge the nature of the medical condition.
Parks will be tried on a charge of capital murder with aggravating circumstances. Few details of the case have been made public, since court documents have been kept sealed at the request of attorneys. Prosecutor Kincade has said he wouldn't object to the files being unsealed, but defense attorneys have not concurred.
Kincade was able to say that in order for a charge to be elevated to capital murder there must be at least one of six certain mitigating factors involved. Without being specific, he contends that two of those factors are present in the Parks case.
Parks had moved from Little Rock to Germantown after Dr. Millstein's death. His mother, Lois Parks, was married to the doctor, but was also living in Little Rock at the time of his death.
In September of 1993 Lois Parks was married to another murder victim, 47-year-old Luther Gerald "Jerry" Parks who was shot to death as he drove along Highway 10 in Little Rock. That murder remains unsolved.
KTLO News
Parks murder trial to begin Monday
By: Ray Dean DavisJury selection in the capital murder trial of 42-year-old Gary Wayne Parks of Germantown, Tennessee is scheduled to begin Monday morning in Baxter County Circuit Court. Parks is charged in connection with the June, 2006, death of his stepfather, 62-year-old Mountain Home urologist Dr. David Millstein.
Millstein's body was found on June 18th, 2006, at his residence in eastern Mountain Home. Police discovered the body after being asked to do a welfare check by staff at Baxter Regional Medical Center who were unable to contact the doctor. Autopsy reports indicate that Millstein died of multiple stab wounds.
Parks was charged with the murder after an intense three-and-a-half year investigation by the Mountain Home Police Department and the Arkansas State Police. His trial is expected to last for up to two weeks, according to 14th District Prosecutor Ron Kincade.
Kincade said the prosecution plans to call 15 to 20 witnesses to the stand and the defense has listed more than 70 potential witnesses, although the actual number is expected to be fewer than that.
Parks is represented in the case by attorneys Danny Glover of Wynne and Joe Perry of Marianna.
Ray Dean Davis has more on the upcoming trial.
After a Baxter County warrant was issued, Parks was taken into custody at his home in the Memphis suburb on December 21st, 2009. Germantown authorities made the arrest, accompanied by Mountain Home Police Investigator Lt. Nevin Barnes and Arkansas State Police Criminal Investigator Mark Hollingsworth.
During a Shelby County court appearance the following day Parks waived extradition and was returned to Mountain Home. On December 23rd he entered a not guilty plea in Baxter County Circuit Court. Since that time he has been held without bond in the county detention center.
During a January, 2010, appearance in circuit court, Parks was declared eligible for public defender services. Federal courts have ruled that attorneys appointed to capital cases, which could result in a death sentence, must meet certain criteria regarding experience and education. No local public defenders met that criteria so appointments were made through the state commission.
Prosecutor Kincade has not definitely said that the state will seek the death penalty if Parks is found guilty, only saying that is an option.
Parks was first tentatively scheduled for trial in July of 2010, but the trial has been continued more than once at the request of defense attorneys.
In August of 2010 Parks was transported under tight security to St. Vincent Hospital in Little Rock where he underwent surgery. Baxter County Sheriff John Montgomery said the medical procedure was not an emergency, but due to privacy laws he couldn't divulge the nature of the medical condition.
Parks will be tried on a charge of capital murder with aggravating circumstances. Few details of the case have been made public, since court documents have been kept sealed at the request of attorneys. Prosecutor Kincade has said he wouldn't object to the files being unsealed, but defense attorneys have not concurred.
Kincade was able to say that in order for a charge to be elevated to capital murder there must be at least one of six certain mitigating factors involved. Without being specific, he contends that two of those factors are present in the Parks case.
Parks had moved from Little Rock to Germantown after Dr. Millstein's death. His mother, Lois Parks, was married to the doctor, but was also living in Little Rock at the time of his death.
In September of 1993 Lois Parks was married to another murder victim, 47-year-old Luther Gerald "Jerry" Parks who was shot to death as he drove along Highway 10 in Little Rock. That murder remains unsolved.
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