KINGWOOD — Attorneys argued Friday over whether some evidence will be allowed into the trial of Joseph Harrison.
Harrison’s trial in the May 8, 2018, stabbing death of his wife, Kimberly Harrison, was moved to April 13. Harrison was indicted on a charge of first-degree murder and his trial was previously scheduled to begin next week.
Harrison’s attorney, Kevin Tipton, repeated Friday what he said at an earlier hearing, that the defense does not deny Harrison stabbed his wife, only the circumstances surrounding it.
Friday’s hearing dealt extensively with whether some witness testimony will be allowed at the trial by Preston Circuit Judge Steve Shaffer. Tipton argued much of the testimony by witness Joshua Lewis was hearsay and not admissible.
Lewis, who was married to Kim Harrison’s sister at the time of the murder, gave conflicting statements about whether he was present when Kimberly Harrison hit her husband with a phone or heard about it from his wife.
Josh and Cindy Lewis lived about five trailers from the Harrisons for three years, in Rodeheaver’s Trailer Court in Kingwood. Josh Lewis said he knew the couple argued and saw bruises on Kimberly.
The victim was afraid of her husband, Lewis said, and would sometimes stay with them, but he never saw Joseph Harrison hit her.
He and Cindy Lewis both testified there was a hole in the floor of Kimberly Harrison’s bedroom. Joseph allegedly used it to enter the trailer after being kicked out, they said. Their testimony conflicted on who covered the hole with plywood, Josh Lewis or another man.
Both said Kimberly wanted Joseph Harrison out of the house because it was one of the conditions imposed by Child Protective Services as she sought to regain custody of their children.
Judge Shaffer also professed to being confused by the timelines Josh Lewis gave. He will rule later on what is admissible of Lewis’ testimony.
Shaffer ruled previously on a motion to open Joseph Harrison’s juvenile record to attorneys and psychologists in the case. There is another record in Randolph County that must be sought separately.
The judge will also rule later on Preston Assistant Prosecutor Savannah Wilkins’ request that all of Joseph Harrison’s recorded statement, taken after his arrest and notification of his rights, be admitted into trial. Tipton said the prosecution just wants some of it played to jurors because it makes Harrison look bad.
He also sought to have references to Harrison allegedly “doing things” to his children banned. No charges were ever filed against his client on that accusation, Tipton said.
The judge will also rule later on whether records of child welfare cases involving the Harrisons will be opened for attorneys to review. Tipton is also seeking to block admittance of a 2017 emergency protective order Kimberly sought against Joseph, then did not pursue.
In a hearing in November, the state put on witnesses who talked of Kimberly Harrison as an abused woman who was trying to get free of her husband and regain custody of her children.
Harrison has been in the Tygart Valley Regional Jail since his arrest the day Kimberly was stabbed to death at the trailer court.
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