Witness gives details in Schammel murder trial; juror dismissed

Published 12:00 am Wednesday, January 29, 2003

A witness for the prosecution in the Jamie Chris Lee Schammel murder trial is also on the defense's witness list.

Amy Lemoine, 25, a former girlfriend of Schammel, spent much of Tuesday afternoon on the witness stand in District Judge Fred W. Wellman's courtroom at the Mower County Government Center.

When the prosecution finished questioning her, Lemoine was reminded by the defense she is under subpoena to testify on behalf of the defendant.

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Schammel, 22 of Austin, is on trial for third-degree murder in connection with the Jan. 13, 2001, flash fire and explosion at the James Erick Chilson and Sandra Jean Johnson residence in southwest Austin.

Chilson, 42, died some six weeks after the explosion of severe burns to 90 percent of his body. Family members chose to take him off life-support when doctors said four organs and failed and his chances of recovery were nil.

According to the Austin Police Department's criminal complaint and trial testimony, Schammel ran to Lemoine's home located only two or three houses away from the explosion.

She and her roommates allowed Schammel to remain there and treated his burn wounds and washed his clothes. No one called the police and, Lemoine said, Schammel refused to go to a hospital.

Later the same day, Austin police came to the residence and took Schammel into custody.

When he was hospitalized at Regions Hospital in St. Paul for his severe burns, Lemoine spent two weeks at his bedside.

Troy Alan Meyer, 36 of Austin, pled guilt to third-degree murder in connection with the Jan. 14, 2001, meth lab incident. He was sentenced to 12 years in prison.

Chad Seyes, 42 of Austin, who was also in the Chilson house's basement while the methamphetamine was being manufactured, has not been charged.

Steven L. Sleicher, an Assistant Minnesota Attorney General, and Patrick W. Flanagan, Mower County Attorney, are co-prosecutors in the case. Schammel is represented by public defender Ross Leuning.

Lemoine, a certified nurse's assistant, testified Schammel was pounding at her door early Jan. 13, 2001. She described his appearance thusly: "It was like something you see in a dream or a nightmare. Something you didn't want to see."

Her testimony became defiant, when Sleicher compared statements she gave authorities as well as when the prosecutor asked her about her prior knowledge of Meyer and Chilson.

Despite having broken up with Schammel, Lemoine testified to helping him after the explosion and staying with him in the hospital.

"There always will be a part of your heart with that person," she said.

When defense attorney Leuning cross-examined the witness, Lemoine became alternately more defiant or evasive until the judge reminded her to answer all questions.

Leuning ascertained that Lemoine had a relationship with local law enforcement.

"Law enforcement asked me for information about some people I knew back when I lived here," she said.

When the jurors were sent out of the courtroom, Sleicher was upset over the revelations by Lemoine.

"The cat is out of the bag," he said.

Leuning said Lemoine's testimony that she was originally charged with multiple counts of controlled substance crimes was important to his client's defense and something that the prosecution "opened the door."

Wellmann confirmed in open court the existence of criminal complaints filed in 2000 against Lemoine and observed, "She's been provided immunity from those charges."

The judge reminded the jurors to ignore any references to Lemoine's being a confidential informant and that she could not be tried in the future for any incriminating things she said in court Tuesday; only perjury if she wasn't telling the truth.

What Leuning was able to glean from Lemoine after the break was this -- according to one of her statements -- Troy Meyer ran upstairs from the Chilson basement and ran back down announcing a police car was in the alley; that Meyer then grabbed something and ran back up the stairs an out of the house; and that Schammel remained in the basement to help Chilson.

Lemoine said at one point, "If I gave a statement to the cops I'm not going to sit here and lie."

Juror dismissed

Also Tuesday, Wellmann excused a female juror and chastised a male juror for over-sleeping.

The female juror said her husband had shared information reported in the local media about Schammel, despite her protests. The juror was dismissed and the husband now faces a possible juror tampering investigation.

The male juror has twice caused proceedings to be delayed in the morning. His excuse: he overslept.

Wellmann concluded Tuesday's proceedings reminding the jurors not to allow themselves to be exposed to any media reports about the trial.

Also testifying Tuesday was Angeline Bartholmey, 21. She testified about an encounter with the defendant at Austin Medical Center six months after the death of Chilson.

According to the prosecution witness, Schammel told her he threw a bottle at the deceased, while they were in the basement manufacturing methamphetamine.

Under cross examination by the defense attorney, the witness, who interrupted her testimony frequently with sobbing, was asked. "Would you like to see Mr. Schammel convicted?"

Bartholmey replied, "If he actually did what they say he did, yes."

Bartholmey testified two of her three children were fathered by Jason Chilson, a younger brother of James Erick Chilson, the deceased.

Defense takes over

Sleicher said he has two more witnesses to call today before resting the state's case.

He also cautioned the media, in a statement made in open court Tuesday, against revealing Lemoine's confidential informant status.

"Let their consciences be their guide," Sleicher said.

Wellmann said he was not issuing a gag order and that the "news media are free to do as they wish."

Lemoine is slated to return to the witness stand today when defense attorney Leuning begins his case.

Wellmann released her from the detention order he signed Monday. Lemoine returned to the courtroom late Tuesday afternoon and apologized to the court for missing her appointment to testify for the state Monday.

The judge then admonished court personnel for allowing witnesses to stare into the courtroom and in one case -- Lemoine's -- for standing outside the door to the jury room, while they left the courthouse Tuesday.

Extra patrols around the jurors' homes are being arranged by the Mower County Attorney and Austin Police Chief Paul M. Philipp and Mower County Sheriff Terese Amazi.

Lee Bonorden can be contacted at 434-2232 or by e-mail at lee.bonorden@austindailyherald.com