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3/26/2013

Victim killed for money, prosecutor says

http://www.baxterbulletin.com/article/20130325/NEWS01/303250034/Millstein-murder-trial-begins

Dr. David I. Millstein
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.

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

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.

Parks trial update: Police officer testified as to wounds

http://www.baxterbulletin.com/article/20130326/NEWS01/130326004/Parks-trial-update-Police-officer-testified-wounds

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.

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.

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

KTLO News

Parks murder trial to begin Monday

By: Ray Dean Davis

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.