By ROSELEE PAPANDREA
DAILY NEWS STAFF

Some evidence connected to the death of 7-year-old Kayla Allen was turned over Tuesday to the defense attorneys representing the Richlands woman accused of poisoning Allen in August 2003.

But attorneys Rick Miller and Kevin Peters of Wilmington, who are defending 33-year-old Carolyn Futrell, didn't receive most of what they requested at a hearing in Onslow County Superior Court.

The attorneys want crime scene photos, audiotapes of interviews, a videotape of Allen taken shortly before her death, written statements and credentials of expert witnesses and a sample of the liquid found in a water bottle in Allen's bed on the day she died.

"We are in a position where we can't request anything else or go forward without these items," Miller said.

Futrell, who was Allen's guardian at the time of her death, was charged with first-degree murder and felony child abuse on May 20, 2004, for allegedly poisoning the child with pesticide. The charges came after a nine-month investigation into Allen's death. If convicted, Futrell could face the death penalty.

Miller said he requested the items June 2 and was told he would receive them within 30 days.

While there was no hearing scheduled on Tuesday's Onslow County Superior Court docket, both Miller, Peters and more than 20 people - Futrell's family, friends and church members - were in the courtroom when court resumed at 2 p.m.

Assistant District Attorney Mike Maultsby, who is assisting Assistant District Attorney Ernie Lee in the case, came into the courtroom at 2:30 p.m. and exited through the door behind the judge's bench.

When he came back into the courtroom, Peters was behind him attempting to get his attention. Maultsby exited the courtroom again through the doors behind the gallery. When Peters caught up with him in the hall, voices were raised and a bailiff went to quiet them. Peters returned to the courtroom. A few minutes later, Maultsby returned with a file in his hand.

The attorneys met with Superior Court Judge Charles Henry at the bench, and Henry opted to proceed with a hearing. Futrell, who was dressed in an orange, jail-issued jumpsuit, was escorted into the courtroom. She waved and smiled at the people sitting in the gallery.

Miller gave Henry a list of items that he claimed the prosecution still hasn't provided defense attorneys. Maultsby had Alex Simpson, an investigator with the District Attorney's office, testify that he provided copies of more than 600 pages of documents to the defense in September.

Henry asked the attorneys to go to the jury room and figure out what the prosecution had to provide to the defense. Before Futrell was escorted out, one of her two sons was given permission to hug his mother. When they embraced, they both became emotional. After she left, Futrell's mother comforted her grandson while he cried.

At 4:50 p.m., the attorneys returned to the courtroom, and Maultsby handed the defense attorneys a stack of documents.

"Quite frankly, I think it's the same things we've given them before," Maultsby said.

The negatives to crime scene photos will be forwarded to a photo developer where the defense can get copies made. The defense needs to provide a blank videotape to the Onslow County Sheriff's Department in order to get a copy of a video of Allen taken at Richlands Primary School the week of her death. A copy of the 911 tape and the taped interviews that Onslow County sheriff's detective Tom Robinson had with Allen's biological mother, Nicole Allen, and with Futrell will be put on a CD, Maultsby said.

The defense attorneys asked for reports and the written statements of expert witnesses who Robinson spoke with during his investigation. Maultsby said all the information was provided in Robinson's narrative.

Miller insisted that Robinson's interpretation of what the experts said wasn't enough. He wanted official reports. The only report Miller had was from the Onslow County medical examiner, Dr. William Kelly, who ruled on the cause of Allen's death - pesticide poisoning - but didn't make any determination as to the manner of death, Miller said.

"If they are saying that's the only expert witness we are going to have, then we need to have a bond hearing," Miller said. "What we are doing here is we are playing games. We are going to get a lot of stuff dumped on us a week before trial."

Miller's comments brought Maultsby to his feet.

"The state never dumps stuff on the defense a week before the trial," he shouted. "That's what the defense does to the state."

No trial date has been set.

Henry asked the attorneys to calm down and continued to make a list of requests from the defense. Before adjourning, Henry said, he would finalize the list and get them each copies.

"I'll try to resolve as many of these issues as I can as soon as I can," Henry said.

Kayla Allen lived with Futrell since she was 2 ½ years old. At the time, Futrell was married to the brother of Kayla's biological mother. When Kayla was 5, her uncle divorced Futrell, who remained Kayla's legal guardian.

The Onslow County Department of Social Services investigated 13 allegations of abuse involving Kayla Allen prior to her death. Those allegations were made against both Futrell and Nicole Allen, and DSS couldn't substantiate the majority of claims, including physical and sexual abuse and neglect.

In June, defense attorneys made a motion to have Kayla Allen's psychological records unsealed. Henry allowed the records to be unsealed so that both the defense and prosecution could make copies. Henry then resealed the records.

At the time of Kayla's death on Aug. 24, 2003, Futrell told authorities that Kayla complained of a cold and was given medicine and was put to bed. At some point, Kayla got up to get a bottle of water. Empty water bottles were found under the left side of the sink. A water bottle that had a pesticide mixture to kill ants was kept under the right side of the sink. A water bottle containing Atroban, a pesticide used to kill flies, was found on Kayla's bed. The same liquid was in her stomach. There was also trace amounts of an antidepressant found in the child, according to toxicology reports.