KNOXVILLE, Tenn. (WATE) — Judge Steven Sword has granted a motion to revoke a subpoena for a four year-old to testify on her mother’s murder.
Tyler Enix is accused of killing his ex-wife, Kimberly Enix, at her Fountain City home and then skipping town with their daughter, who was two at the time. The girl was subpoenaed by the state of Tennessee to testify during her father’s trial, which is expected to begin on Monday.
Judge Sword said he made the decision to quash the subpoena after watching a forensic video with the girl that was done by ChildHelp and talking with the girl’s therapist. He found the girl has images of her mother’s death, but is unable to comprehend the nature of those events or place the images in any rational context and therefore her testimony would be inadmissible.
In the child’s interview, Judge Sword said the child said things like “mommy laid down and throwed up,” and she tells the interviewer her mom’s throw up was red. She also talks about how her mother fell down and started screaming and even makes references to “daddy,” but he said those statements were interspersed among many extraneous statements that called into question the child’s ability to understand what she was being asked.
“The interviewer did an admirable job in a very difficult interview. Yet, she was required by necessity to ask leading questions. The child assented to most of those questions and failed to provide additional facts or details beyond what the interviewer asked,” writes Judge Sword in the motion. “Although she made comments and phrases that would appear to relate to the alleged criminal act, there simply isn’t enough contest to actually understand to what the child is referring.”
Judge Sword also ruled that the forensic video is not substantive evidence. He said the stated indicated their desire to introduce the video.