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and neighbor of Cloniger, testified that in June 2006, both he and Cloniger had watched as Pierce performed oral sex on Fletcher. “He consented, she consented and so did we,” said Freeman. Freeman is currently on probation and is facing felony charges for check forgery.
Fletcher’s grandmother, Dorothy McFarland, testified about two conversations that she had heard between Fletcher and Cloniger before the murder. She recalled that Cloniger spoke to* Fletcher after he believed that Helen was pregnant. “Eddie came in and Wayne said to him, ‘I wonder who is the father?” she said.
She also said that she overheard Cloniger give permission for Fletcher to, “go over and take care of Helen anytime he wanted to,” while he was in jail, alluding to a sexual relationship.
Malice and intent
The jury found that Cloniger had enough premeditation and malice in the killing of Fletcher to make the crime a first-degree murder. “Premeditation can be formed anytime and for any length of time before the actual fatal wounding,” Luke said in his closing argument.
Luke stated that Cloniger’s intent was clear as he reached under the seat for the folding knife in the pickup, walked into the house, jumped on Fletcher
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