The Palm Beach Post from West Palm Beach, Florida • Page 149

B4Tht Post, Wednesday, January 198S SC it I Judge Rules Gore May Testify in Waterfield Trial By Jim Reeder Case Trying for Families Of the Victims, Accised By Jim Reeder i 3 i (l I p' 'I've been sick to my stomach knotted up and said Jean LaVallee mother of slain teenager Angelica LaVallee who is attending her first trial. 'It was she said, describing her reaction to seeing her daughter's accused killers. TAVARES Jurors in the Fred Waterfield murder trial will be allowed to hear David Gore's testimo-ny that the two cousins kidnaped six women with the intent to rape them. Circuit Judge LB. (Buck) Vocelle ruled yesterday.

The ruling came after 22 minutes of emotionless testimony by Gore about the cases and several hours of legal argument by State Atty. Bob Stone and defense attorney Robert Pegg. Gore will testify in front of the jury against Waterfield, who Gore claims was an accomplice in kidnaping and murdering Orlando teenagers Barbara Ann Byer and Angelica LaVallee. Gore will be allowed to tell about that incident as well as the kidnaping, rape and murder of Lynn Elliott and kidnaping and rape of her companion, the kidnaping of former Miami resident Dianne Sullivan Smalley, who escaped from the pair, and the rape of a German nurse. Vocelle said prosecutors can use those incidents to show Gore and Waterfield worked together, went after women for sexual purposes and used a pistol each time.

"These items are admitted, but I'm directing they not be a major part of the trial," Vocelle said. "Waterfield is on trial not for these collateral crimes, but for the murders of Miss Byer and Miss LaVallee." Stone said the judge's decision makes him more confident of winning a conviction against Waterfield. "No issue is greater in this case on behalf of the state," Stone said. He said it will help him bolster Gore's credibility as a witness even though he has lied in previous accounts of the murders to law enforcement personnel. 'The case rests on the believability and credibility of David Alan Gore," Stone said.

"He made three prior statements that are lies. "When Gore and Waterfield are together, they go out looking for girls for sexual purposes and some of them wind up dead." Pegg argued against admitting evidence of other crimes, saying it will prejudice the jury. "The state has to live with the fact Gore is a liar and has killed six women," Pegg said. "My client was found innocent of kidnaping by a jury and that case shouldn't be used against him now." TAVARES Three families linked by tragedy are gathered in a fourth-floor courtroom in Lake County this week. Jean LaVallee, Michael Byer and Nancy Byer are there hoping justice will be carried out against one of the men accused of killing their daughters, Barbara Ann Byer and Angelica LaVallee.

David Alan Gore has admitted his role and has agreed to testify in the trial of Fred Waterfield. "I've been sick to my stomach knotted up and shaky," said Mrs. LaVallee, who is attending her first trial "It was disgusting," she said, describing her reaction to seeing her daughter's accused killers. Mrs. LaVallee, divorced and a clerk at a Kmart in Orlando, has been making notes of her impressions of the courtroom proceedings in a palm-size spiral notebook.

"I would like Gore and Waterfield dead," Byer said. "I would like to tell Gore and Waterfield to look at my face in the courtroom so if they ever see me out of jail they'll know who I am. "But it wouldn't be worth it do anything to them because of the problems it would cause the rest of my family," he said. And Mildred Waterfield is there, hoping jurors will believe Gore is lying when he accuses her son of helping him kidnap and kill six women and kidnap and rape others. "I can't believe this is going to trial on such flimsy evidence," Mrs.

Waterfield said Monday during jury selection. She has since declined to make public statements, fearing it might endanger her right to hear the trial even though she has been listed as a possible witness. Mrs. Waterfield is accompanied at different times by various family members, including a lS-y ear-old granddaughter, her son's 11-year-old twin daughters and his ex-wife. Waterfield's father is at sea on a missile tracking ship that operates out of THE ASSOCIATED PRESS Fred Waterfield talks with defense investigator Ed Taylor before ruling Port Canaveral.

All three sets of parents and other family members were on hand yesterday as Gore gave an abbreviated, emotionless account of what happened to Miss Byer and Miss LaVallee after they ran away from their Orlando homes in May 1983. "It hurts me to see Gore lying about him," Kathye Maher, Water-field's 13-year-old niece, said. "Those are definitely lies he's telling about Fred." George and Catherine Byer of Vero Beach, Miss Byer's grandparents, are also attending the trial. George Byer believes Gore is telling the truth about Waterfield's involvement in his granddaughter's death. "He has nothing to lose," George Byer said.

"When he went out, he was close enough that if I'd had a knife I could have killed him." Courtroom security has been tight, with spectators undergoing a search before they are admitted. Deputies inspect each person with a hand-held electronic device so sensitive it detects the metal foil in a chewing gum package. "When Gore told about the things they'd done, I wanted to get up and walk out," Catherine Byer said. "I prayed for strength to stay in there and listen. "I hate for my church to hear this, but if I'd had a gun I could have shot Gore," she said.

A jury in Punta Gorda last year acquitted Waterfield of kidnaping Miss Elliott and her companion, but convicted him of manslaughter in Miss Elliott's death. Gore was called to the stand to testify outside the presence of the jury about four incidents, including the deaths of Miss Byer and Miss LaVallee. He spoke in low, matter-of-fact tones and showed no emotion as Assistant State Atty. Jim Midelis led him through the stories. "We were looking for hitchhikers or hookers that night," Gore said, recounting events of May 20-21, 1983, when the two Orlando teenagers were killed after hitchhiking on 1-95.

He said he and Waterfield took turns driving Waterfield's blue van while the other was in the back where the girls were tied. "I don't know what Freddie did while I was driving," Gore said. "It was dark back there." They returned to Waterfield's shop in Vero Beach where Waterfield told him to "get rid" of the girls. He said he carried them away, killed Miss LaVallee and then carried Miss Byer back to the shop. "I thought Freddie might want to have sex with her again," Gore said.

"He told me to get rid of her because his mother was coming over with a mattress or something. "I went back to the same place where LaVallee was and shot her (Miss Byer)," Gore said. He said he cleaned the van of evidence then slept a few hours. Gore and Waterfield returned to the area where the bodies were left, Gore said. "Who dismembered Miss Byer?" Midelis asked "I did," Gore said.

Miss Byer's body was found in a citrus grove after Gore led police there, but Miss LaVallee's body has never been recovered from the canal where Gore said it was dumped. Gore also gave a brief account of the kidnap, rape and murder of Miss Elliott and kidnap and rape of her companion. STRATOLOUNGER Man Held in Robbery, Assault at WPB Store HIGH-LEG RECLINERS ONLY 27" WIDE RECLINE IN RATTAN This Cotnapper Recliner combines the beauty of rattan with the comfort of padded arms durable oatmeal fabric with a choice of natural or dark rattan. High leg styling for easy cleaning and moving. Dark Built to last, with a long wearing earth tone Herculon cover a lifetime warranty on the mechanism.

fruit wood frame with nrff1 i mi fabric colors. -If tsll'WS now wyjli now 95 now $299'H JUST CHAIRS 1481 SOUTH MILITARY TRAIL, WEST PALM BEACH By Paul Blythe Staff Wrlttr Three officers were needed to subdue a man wielding a tire iron who was charged with beating, robbing and sexually assaulting a convenience store clerk yesterday in West Palm Beach, police said. During the 2 a.m. fight, the man hurt one officer severely enough to cause the department to take him off duty for several days and tried to wrestle a gun away from another, police Capt. James Griffin said.

Co-workers at a 7-Eleven store on Southern Boulevard said it was the second time the woman had been robbed there in two months. They added that the store has had no armed robberies in the last several months other than those two cases. She was treated for injuries at Humana Hospital and released early yesterday, but co-workers said she remained under heavy sedation throughout the day. Tyrus Jerome Kellam, 23, of 822 Tiffany Lakes in Mangonia Park was arrested for armed robbery, aggravated battery, sexual battery, false imprisonment, aggravated assault on a police officer, depriving a police officer of firearm, attempted murder of a police officer with a firearm and resisting arrest with violence, Griffin said. Kellam, also hurt during the fight, was treated for head injuries at Good Samaritan Hospital and then taken to the Palm Beach County Jail, where he was being held last night without bond.

Griffin would not elaborate about Kellam's injuries. Police arrived at the store after they received a call from someone who became suspicious when he saw a man trying to conceal something in his shirt as he entered the store, Griffin said. The caller said he saw the man go behind the counter and pull money from the cash drawer. The front of the store was empty when officers John Turner and Cecelia Fernandez arrived. They found Kellam in a back bathroom with the clerk.

She had been hit with the tire iron, punched, kicked, choked and sexually assaulted, Griffin said. Griffin said that when officers tried to arrest Kellam, he tried to hit them both with the tire iron, got a hand on officer Fernandez's gun and struggled with her for it, yelling that he was going to kill them. After officer Jerry Chestnut joined in the fray, the officers finally handcuffed and arrested Kellam, Griffin said. All the stolen cash was recovered. BAKER FURNITURE 2319 S.

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