Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, June 22, 1990 TAG: 9006220319
SECTION: VIRGINIA PAGE: A-5 EDITION: METRO
SOURCE: By NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: PEARISBURG LENGTH: Medium
But Gary Kinder, the girl's father, testified Thursday that it wasn't insanity that drove his live-in girlfriend to kill his daughter - it was jealousy and resentment.
In the first day of a scheduled two-day jury trial in Giles County Circuit Court, Kinder testified that when he gained custody of his daughter, Audra, in October 1988, she became "the focus of my attention."
"I probably did show Audra all of the attention that I would normally show Barbra," Kinder testified. "She was my daughter and I loved her dearly. She was the most important thing . . . much more important to me" than Archie.
Kinder, 29, said Archie may have become jealous of Audra when he got custody of her after a long custody battle with his estranged wife, Tambria Hobbs, 24.
Archie has claimed, however, it was the pressures of the custody battle and her own ongoing battle with Hobbs that caused her to go insane the morning Audra died.
Audra Kinder died from a fractured skull on Feb. 5, 1989 - seven days after her third birthday.
Archie, 25, is charged with murder. She has been free on bond and living with her parents in Petersburg, W.Va.
Commonwealth's Attorney James Hartley said in his opening statement that Archie knew how important Audra was to Kinder and "if he had to choose, he'd choose Audra.
"Her response was to eliminate that choice. Her response was to kill Audra Kinder," Hartley said.
Hartley rested his case after five hours of testimony from seven witnesses.
Archie's attorney, Ed Jasie of Blacksburg, is scheduled to call witnesses today.
In his opening statement, Jasie did not deny Archie was responsible for Audra's death. He said: "Audra was a victim of many people. Barbra-Jo was one of those people."
But Jasie said Archie experienced a "psychotic break" the morning Audra died. "At the time, Barbra-Jo was not Barbra-Jo . . . she was legally insane," he said.
Archie was caught in a "stressful situation" brought on by her belief that Hobbs was sexually molesting Audra the two days a week Audra visited her, Jasie said.
Archie and Kinder had complained in court and to Giles County Department of Social Services workers that Audra was being physically and sexually abused by Hobbs.
Hobbs made those same claims about Archie and Kinder. Archie and Hobbs frequently got into arguments and once got into a fistfight over those claims, Kinder testified.
"Barbra-Jo's hatred and obsession became so great that she was dreaming about Tammy [Hobbs] and Audra," Jasie said.
Jasie also described to the jury a session Archie underwent during a six-day stay at Saint Albans Psychiatric Hospital near Radford.
While under hypnosis and truth serum, Archie recalled how she was changing Audra's clothes when she noticed "red marks in her private areas," Jasie said. "And all of a sudden, Audra was gone and Tammy was there."
Jasie said it had always bothered Archie that Audra looked so much like Hobbs. That morning, Audra's face became Hobbs' face and Archie lost control, he said.
Audra died on a Saturday after Kinder left her with Archie while he went to work. Archie called Kinder at work telling him to come home because Audra wouldn't wake up.
Kinder raced home and found Audra on a couch. She was breathing, but unconscious.
"I felt something was wrong with the back of her head. I became very scared. She just didn't wake up," Kinder testified.
Archie at first said Audra had fallen from a chair.
Audra was taken to Giles Memorial Hospital and transported to Roanoke Memorial Hospital, where she died the following day.
Dr. David Oxley, chief deputy medical examiner for Western Virginia, performed an autopsy. He testified that not only did Audra have a fractured skull, but she had a severe internal injury and bruised arms and legs.
by CNB