Deputy says shoes a match during Colbert murder trial

TUSCUMBIA - Prosecutors contend a shoe found outside the home where Terris Robinson was shot to death links Carlos Denote Foster to the crime.

Colbert County Sheriff's Sgt. Tim Vanderford testified Wednesday in Foster's capital murder trial that deputies recovered a black, size 11 tennis shoe outside the home on Jarmon Lane near Leighton, where Robinson was killed and two other men wounded around 11:30 p.m. Jan. 29, 2007. During questioning by Assistant District Attorney Angela Hulsey, Vanderford testified the mate to the shoe was found in a car that Foster was riding in when it was stopped by Muscle Shoals police after the shooting.

It appeared that the jury of 12 women and two men, including two alternates, were watching closely as Vanderford held the two shoes side by side on the witness stand.

"They match," Vanderford said as he examined the shoes.

Foster, 24, of Florence, is accused of barging into the home where Robinson and several friends were playing cards. He is accused of opening fire with a semi-automatic handgun. One of the bullets struck Robinson, 32, who died at the scene. Ennis Willingham, 26, and Labarges Madden were wounded.

Foster maintains he is innocent.

During questioning by defense attorney B.T. Gardner, of Tuscumbia, Vanderford testified there were no tests conducted on the shoes to determine if Foster had worn them.

When asked by Gardner why tests he requested from the Alabama Department of Forensic Sciences in an attempt to determine if Foster's DNA was present on the shoes were cancelled at the request of Colbert District Attorney Bryce Graham Jr., Vanderford said he was unsure.

During additional questioning by Hulsey, Vanderford testified that he had no knowledge of the conversations between Department of Forensic Sciences officials and Graham that led to the decision to cancel the DNA tests.

He also testified during questioning by Hulsey that DNA evidence is most useful for identifying suspects when there were no eyewitnesses to a crime.

On Tuesday, Willingham and Madden testified that there is no doubt in their minds that Foster is the man who shot them.

Joshua L. Willingham, who was also at the home, identified Foster as the shooter.

"That's the man that did the shooting," Joshua Willingham testified Tuesday as he pointed to Foster.

Hulsey displayed a photograph for jurors that showed Foster was not wearing shoes when he was arrested shortly after the shooting.

Prosecutors contend Foster, Reginald "Reggie" Langham, 33 of Town Creek, Eric Martese Goldman, 27, and Andrew Burge, 22, both of Florence, went to Leighton the night of the shooting planning to rob a drug dealer. In her opening statement Tuesday, Hulsey told jurors illegal drugs had been sold and used at the house where the shooting occurred.

During questioning by Graham on Wednesday, Colbert sheriff's investigator Jim Berryman testified that Goldman described the robbery plan after he was arrested. "He said they were going out there to rob them for some weed."

Joshua Willingham had testified Tuesday that Goldman appeared upset when told that no one at the home had any marijuana to sell and stepped outside briefly before Foster came through the front door firing a gun.

Vanderford testified Wednesday that he recovered five 9 mm bullet casings inside the home and two outside near the front door. He said there were two bullet holes in the floor, one in the wall and a ricochet mark from a bullet on the floor.

Muscle Shoals police officer Mike West testified Wednesday that he found a Tech 9, 9 mm handgun alongside River Road near where he spotted the car Foster, Goldman, Burge and Langham were riding in after the shooting.

West said he noticed the vehicle because it was traveling fast and crossed the center line near the Ford Road intersection. Knowing a possible shooting had occurred near Leighton. West decided to turn around and follow the car. After learning the license plate on the Lincoln was registered to another vehicle, West stopped the car on Reservation Road.

He said a search of the car revealed a magazine for a Tech 9 handgun.

West then retraced the route the vehicle had taken after he began following it and found the gun on the shoulder of the road near the Ford Road intersection, he testified.

Vanderford testified he found no evidence at the home to indicate any other guns had been fired there.

Defense attorneys contend there was a shootout and someone else shot Robinson.

Goldman, Burge and Langham have pleaded guilty to murder and are serving 20 year prison sentences. If convicted of capital murder, Foster will be sentenced to life in prison without parole.

Dennis Sherer can be reached at 740-5746 or dennis.sherer@TimesDaily.com.