New trial for Kenneth Cross
HUNTSVILLE — Kenneth Cross has been granted a new trial on charges that he murdered his 15-year-old neighbor.
Judge Shayne Sexton granted the new trial on a recommendation by District Attorney General Wm. Paul Phillips at a brief hearing in criminal court Monday morning.
In April 2006, Cross was convicted of first degree murder in the shooting death of 15-year-old Brandon Woodward. He was sentenced to life in prison.
In a unique development, it was the state — not attorneys for Cross — who recommended the new trial, persuant to an investigation by the Tennessee Bureau of Investigation.
Phillips said following Monday’s proceeding that the state felt Cross was entitled to a new trial because “one of the major witnesses for the state, according to a TBI investigation, allegedly committed perjury.”
That witness was not identified, other than being a member of Woodward’s family. Phillips said that the witness will not be called at the new trial, which is set for February 20.
The state called six witnesses in making its case against Cross at last year’s trial. Among them were then-Chief Deputy Marty Carson of the Sheriff’s Department; Dr. Sandra K. Elkins, who conducted the autopsy; Glen Phillips, a Patton Lane resident and neighbor of the Cross and Burress families; Joseph Tyler Lowe and Brian Anderson, friends of Brandon Woodward; and Jeannie Burress, mother of Woodward.
Phillips said that the state still intends to prosecute Cross on the charge of first degree murder.
Cross, who is in the custody of the Tennessee Department of Corrections, did not appear at Monday’s hearing; however, his attorney was present.
Woodward was fatally shot in the head during an altercation between Cross, Cross’s girlfriend, Ruby Lowe, and Burress. Prosecutors contended during the original trial that Cross knowingly shot an unarmed Woodward. Cross maintained that he believed Woodward had a gun.