FLOYD COUNTY, Ky. (WYMT) - Day 3
Day three in the retrial of Berry Hall began Wednesday morning.
The prosecution wrapped up and the defense began to call witnesses to the stand.
Of the witnesses, one was Berry Hall's brother, Michael Hall, who shed light on the family's history of mental health problems related to anxiety and depression.
The last testimony of the day was Berry Hall himself.
As Hall took the stand, his attorneys began questioning his mental health history and the medicine he took.
They then asked him to recall the day of the shooting. Hall said he "blacked out" and did not recall much, but was able to put pieces of the day together during the past 12 years.
Hall got notably emotional when he recalled the Tackett children crying over their dead mother.
During the prosecution's questioning, they eluded that Hall was well aware of what he was doing.
They said all three shots hit the Tacketts, and that afterward Hall picked up the casings and cleaned his prints off the gun.
The trial will begin at 9 a.m. Thursday, and it is expected the jurors will get the case sometime during the day.
Tuesday marked day two of the retrial for Berry Hall.
It was a hard day for the Tackett family as multiple pieces of graphic evidence was shown.
From Berry's son Tony Hall to crime scene detectives, nearly ten witnesses were called to the stand.
Alan Tackett's sister, Norita Collins, was warned before the graphic crime scene photos were shown to the jury. She told prosecutors she would turn away when the jury was shown the images.
One of the main arguments of the day centered around Berry's mental health.
Berry was reportedly on two types of medication for his depression and anxiety.
The prosecution presented multiple pieces of evidence claiming Berry had a "sound mind" on the day of the shooting.
The evidence included a recorded interview the night of the shooting between Berry and a Kentucky State Police trooper. During the interview, Berry recalled the night, according to investigators.
During the interview, Berry admitted to shooting the Tacketts.
"I shot at her. Yes I shot at her," said Berry.
One witness, a former Kentucky State Police Trooper, was heard interviewing Berry in the back of a KSP vehicle. The trooper asked him, "did you shoot at anybody else?"
In the recording, Berry replied, "I shot at the porch at him. He came out and said he was going to kill somebody so I just shot him."
The defense argued Berry claimed he may have "blacked out" and could not recall the shooting.
During the interview with KSP the night of the shooting. Berry became upset and repeated, "I just can't handle it" multiple times.
His son Tony stated his father could not remember the night days after the shooting.
Tony also said around the time of the shooting, Berry had lost interest in things he enjoyed to do like fishing and hunting.
Tony claimed he was home at the time of the shooting. He also called 911.
Another witness called to the stand, Berry's step-son Matthew Hall, claimed after the shooting he ran upstairs "to see what as going on."
That is when he saw Berry leaning over the bed with a rifle.
Matthew said he took the gun from Berry and he said Berry "didn't want my fingerprints on the gun."
Matthew also recalled Berry having a "blank look on his face" after the shooting.
Other pieces of evidence included two 911 call recordings, crime scene photos and videos, bullet casings and the gun officials believe Berry used in the shooting.
Wednesday, the defense will present their evidence.
The retrial will continue at 9:00 a.m. in Floyd County.
Testimony began Monday in a Floyd County retrial.
A few years ago, the Kentucky Supreme Court overturned Berry Hall's conviction.
In 2012, a jury found him guilty in the shooting deaths of Alan Tackett and his wife Lisa.
The state's high court ruled pictures used during the trial were not needed due to the graphic nature.
The retrial began with a jury selection, opening statements, and two witnesses were called to the stand. Those were Alan's sister Norita Collins and Berry's ex-wife, Charlotte Meade.
During testimony, Meade said a dog belonging to the Tackett family stepped onto Berry's porch.
Meade then said she "shoo'ed the dog off of the porch" when she and Lisa Tackett began arguing.
She recalled Berry did not say anything but at one point, he got off of the couch and said he "was going to go upstairs and go to sleep." Meade said Hall did not seem angry or upset.
During Meade's testimony Monday, she became emotional when recalled the day the shooting took place. It was also her birthday.
Meade said she heard gunshots but was not aware of where they originated.
When she stepped outside, she recalled seeing Tackett "laying in the yard' with her four kids surrounding her.
"They were upset. Trying to wake their mommy up," recalled Meade.
There were ten photos shown to the jury. Those photos consisted of family pictures of Alan and Lisa Tackett and their four kids.
Plus, photos of Charlotte and Berry's home at the time of the shooting and the Tackett's home.
Judge Johnny Ray Harris is presiding over the case.
The retrial is set to continue Tuesday at 9:00 a.m.