Stevens Found Guilty - June 2, 2005

Justice for Jorden: Stevens found guillty of capital murder

By JENNIFER SICKING, Register Staff Writer

Two women found justice for their daughters Thursday afternoon with just one word: Guilty.

A Cooke County jury found Kim Stevens, 39, guilty of capital murder for killing 2-year-old Jorden Saager after deliberating 3 1/2 hours. She automatically received a life sentence in prison since the state did not seek the death penalty in the case.

The blonde-headed, brown-eyed child died on Jan. 4, 2000, after sustaining major internal injuries in which her small intestine was separated from her stomach. She also had a four to five-inch fracture in her skull and major bruising throughout her body.

After visiting Judge Jerry Woodlock read the verdict, Yolanda and Lloyd Saager collapsed back in their chairs crying. Stevens did not react to the verdict.

Outside of the courtroom, Yolanda hugged each of the jurors and thanked them, while Lloyd shook their hands. One of the female jurors told Yolanda as she hugged her, "May you find peace. May your broken heart heal."

For Jorden's mother, Yolanda, Thursday represented a promise kept. While on the stand Yolanda said she promised her dead daughter that she would not stop in seeking justice for her.

During the past five years, Yolanda said she contacted the Federal Bureau of Investigation, her legislator, called one of the detectives every week and protested outside of the Cooke County Courthouse.

Thursday, inside the courthouse, she said she felt a "huge sense of relief."

"It's over with. It's done," she said. "No more fighting. My baby can rest. My family can rest."

She also expressed her gratitude to the jury.

"I'm thankful the jury got a horrible child abuser, child killer off the streets," she said. "She's not going to hurt one more baby anymore."

Holly Burkett, who spent the trial at the Saagers' side, said her daughter also had been abused, and almost died, at Stevens' hands. A Dallas County judge ruled the criminal case was not proven and Stevens was acquitted of the charge. Burkett said in 1996 Stevens baby-sat her then 20-month-old daughter Amanda and it wasn't long before she began coming home with bruises and eventually had to have surgery for a brain clot.

"Justice has finally been served," Burkett said. "It has been almost nine years for me and almost six years for the Saagers. The system failed us. Today, they redeemed themselves."

Jurors heard seven days of testimony in the case surrounding Jorden's death beginning on May 25. Thursday morning, Lisa Tanner, with the state's Attorney General office, and Roger White, representing Stevens, made their arguments to the jurors.

Through those closing speeches, they reminded jurors of the timeline leading to Jorden's death. Stevens began baby-sitting for the Saagers on Nov. 16, 2000, when Yolanda returned to work. When the mother returned to pick up her children on that day, she found Jorden with a swollen elbow, which Stevens told her happened when she fell out of a toy car.

Attorneys also reminded jurors about a "bird incident," in which Jorden was pecked at the Frank Buck Zoo. At the time it occurred, Stevens told Yolanda the small girl had been pecked by an African crown crane. However, Stevens own children - Taylor and Mason - testified against her in the trial, along with the Saagers' oldest son, Branden, who said Stevens either told Jorden or placed Jorden's hand inside an ostrich cage, where she was pecked.

Tanner told the jurors while it wasn't a major injury, it should tell them something.

"It tells you she's different," Tanner said. "This is a situation that involves meanness. Anyone who would do this abuse to a child would also try to kill."

Tanner also listed and discussed what she identified as multiple red flags that pointed at Stevens' as the child's killer such as Stevens' explanations of injuries were inconsistent with actual injuries; she down played the seriousness of Jorden's injuries; gave inconsistent statements regarding injuries; and attempted to shift the blame on to the Saagers from the beginning by telling police they had been investigated previously by Child Protective Services.

She also pointed out Stevens' daughter Taylor testified against her. Via closed-circuit television, Taylor Stevens, now 11, said she saw her mother step on Jorden.

During his turn, White discussed the Gainesville Police Department's problems with the investigation.

"They lost the file to a capital murder case," he said. "They didn't take clothes that Kim (Stevens) laundered that day. It would have been helpful to our case if they would have checked if Burger King had a video of the play area."

Later, he would make an additional comment about it.

"With the quality of investigation in this case, are you sure the Saagers don't have a history somewhere," he asked the jurors.

He also said the Saager's other two children and Stevens three children were checked for injuries, but none were found.

He suggested perhaps Jorden was injured by a "powerful karate-type kick that sent her flying through the air" and she then struck something.

With the likely time of injury along with the possibility of sexual abuse and Stevens' limited amount of time taking care of Jorden, he said it all pointed to reasonable doubt. Enough, he said, for the jurors to find Stevens not guilty.

Tanner's comments to the jury bookended White's, and in her final statements she told the jurors she agreed with White about one thing.

"The police did a really crappy job because they bought into her (Stevens) lie," Tanner said. "It was them, them, them (the Saagers) until the evidence started to mount."

She also urged the jurors to listen to Jorden.

"Her little body tried to show she was hurting. In her own way she tried to tell us," Tanner said. "Her broken body was telling us it was her, it was her, it was her. I ask you to listen to her and to speak for her."

After Woodlock formally sentenced Stevens, Lloyd and Yolanda Saager spoke to Stevens.

"I just hope for the rest of your life you rot in jail and every morning you wake up and see my daughter in your mind," Lloyd said as Stevens looked down reading a Bible she kept with her in the court room. "I miss her so much and you destroyed my family."

He said he also was glad her children were rid of her. Stevens children were taken away from her once CPS discovered her past history. Her ex-husband obtained custody of their three children. Stevens also had previously lost custody of her two older children because of abuse and neglect.

"Read your Bible and look down all you want, this is what I expected of you," he said before sitting down. "I hope you rot."

When Yolanda took the witness seat to speak to Stevens, she demanded Stevens look at her.

"What's wrong? You can't look at me? Look at me," she said. "You're something that was created out of pure evil. You're demented. You're worse than the scum of the earth."

Yolanda also said Stevens would one day get what was coming to her.

"You have no conscience. You have no soul. I'm just glad you're going to get what's coming to you," she said. "You make me sick."

As the family and friends watched Cooke County Deputy Bill Linnell handcuff Stevens, Burkett leaned across the railing and spoke to Stevens.

"I did get justice for my daughter," she said.

Stevens smiled and replied, "It's a shame I can sit here and be happier than you are."

Woodlock told everyone in the court room not to talk to the other side.

After escorting Stevens back to the Cooke County patrol car for return to the Cooke County Jail, White said they would have to accept the verdict and move on. He previously informed the court of Stevens plan to appeal the verdict.

"I want to thank the jurors for their careful consideration," he said. "I think the state just overwhelmed us with resources."

To Tanner, who handles many murder cases across the state, this was not a usual one.

"It was definitely not a run of the mill case," she said. "A careful review of witness statements and medical statements made it clear who did it."

Although the jurors could have found Stevens guilty of murder or injury to a child, the gravity of the injuries and multitude of injuries showed it had to have been a purposeful killing, Tanner said.

"This is a capital murder," she said.

District Attorney Cindy Stormer, who was a witness in the case, said because of her previous involvement it would have been impossible for her to try it.

"Nothing can bring Jorden Saager back to her family, but this trial has finally brought her family justice," she said. "Lisa Tanner has a reputation throughout the state as being one of Texas' best trial attorneys. Cooke County was very fortunate to have her handling this very time consuming and complex case. We also had the benefit of her investigator Missy Wolfe, a former forensic scientist and FBI agent. They are a brilliant and awesome team that worked tirelessly and relentlessly."

Stormer also praised Woodlock and the jury.

"We are also fortunate to have a competent and hardworking jurist like Visiting Judge Woodlock presiding over this difficult and complex case and still making time for us to continue moving our cases," she said. "The worst travesty of justice I have ever seen in my 28-year career in the law has finally been made right. I'm very grateful to the members of the jury for their service and they should be very proud of the job they have done here to promote justice and protect the children in our community."

Stormer continued: "When I investigated the case intially years ago (I was in private practice and representing the children of the defendant), I was told by representatives of the five different Child Protective Services agencies in five different counties that this defendant was the worst serial child abuser they had ever heard of in their careers."

Police defend investigation

While the Saager family and attorneys called the Gainesville Police Department investigation into 2-year-old Jorden Saager's death inadequate and faulty, Police Chief Carl Dunlap defended his department.

Thursday, after a Cooke County jury convicted Kim Stevens, 39, of capital murder in the child's death, Yolanda Saager verbally fired at the investigation and investigators in her child's death.

"The Gainesville Police Department needs a major overhaul," she said.

She also said the lead detective in the case started the hell her family went through.

During the trial, Prosecuting Attorney Lisa Tanner, who tried the case for the state, and Roger White, Stevens defense attorney, brought up the police department losing a file in the capital murder case.

In closing arguments, White said if the investigation was conducted better it could have helped his client, especially if the investigators had checked with Burger King for a videotape of its play area.

Tanner said she agreed with White about one thing.

"The police did a really crappy job because they bought into her (Stevens) lies," she said. "It was them, them, them (Saagers) until the evidence started to mount."

Dunlap said the investigation into Jorden's murder had been different from the beginning.

"There's only one thing that I knew we made a mistake on during the investigation," he said. "Actually, it was after the investigation, we misplaced some audio tapes."

While the audio tapes of interrogations were missing, the department had the transcripts from those tapes in the case's file, he said.

"Nothing else the police department did was less than good work."

He said investigators ran into problems from the beginning when suspects wanted attorneys and there was no cooperation from the victims.

"We got less than good cooperation during certain parts of the investigation with state agencies," he said. "But I saw nothing whatsoever that the investigators did that was less than acceptable work. They did an exceptional job with what they had to work with."

He also praised Tanner's working in prosecuting who he called the right person.

"I think the prosecutor in this case did a phenomenal job. She should be commended along with her staff," he said. "This case would not have been brought before a jury if we hadn't done our job."

As the investigation progressed, Dunlap said the pieces came together and pointed to one suspect, but they needed outside help to get there.

Dunlap said the department has totally revamped its procedures as part of CALEA (Commission on Accreditation for Law enforcement Agencies) accreditation.

"Those tapes will not be lost again," he said. "It was not because of this case, but for many reasons."

Trial timeline

1997

June 23- Jorden Saager born in Colorado. Her father, Lloyd Saager serving in Korea. Returns to the United States for her birth.

1998

Saagers transferred to Fort Hood by Army.

1999

August/September - Saagers leave military and move to Gainesville, live with Yolanda Saager's grandfather.

Nov. 16 - Yolanda Saager returns to work. Kim Stevens begins babysitting Alyssa and Jorden Saager. Jorden also bruised and elbow injured in a toy car accident, according to Stevens.

Dec. 21-26 - Children home with Yolanda and Lloyd Saager. Also travel to Indiana for Christmas.

Dec. 31 - Stevens babysits Saagers' three children.

2000

Jan. 3 - Jorden pecked by African crown crane or ostrich at the Frank Buck Zoo. Yolanda said she noticed her daughter had eyeliner-type bruise under one eye. Stevens said she had been hit by a teeter-totter. Jorden runs and plays at townhouse family planned to move into that weekend. After supper that evening, Jorden begins complaining of a stomache.

Jan. 4 - Jorden still complains of stomache.

- 7 a.m. - Yolanda drops Jorden off at Stevens' house.

- 1:08 p.m. - Stevens tries to call Yolanda at her office, but she has already left.

- 1:30 p.m. - about that time Stevens takes Jorden to Dr. Mark Gibbs office.

- 1:36 p.m. - Cooke County EMS dispatched to Dr. Gibbs office.

- 1:39 p.m. - EMS arrives at office and transports Jorden to Gainesville Memorial Hospital.

- 2:09 p.m. - Jorden pronounced dead.

2003

Dec. 11 - A Cooke County Grand Jury indicts Stevens on capital murder and injury to a child charges.

Dec. 13 - Stevens arrested in Comal County where she is working as an emergency medical technician.

Dec. 19 - Stevens returns to Cooke County.

2004

Jan. 2 - Stevens arraigned on the charges and a $1 million bond is set.

2005

May 23 - Jury selection starts in Stevens murder trial.

May 25 - Jurors began hearing testimony.

June 2 - Jurors return a guilty verdict in capital murder. Stevens receives an automatic life sentence.