click for this week's ad

Mary Winkler, her dad, Clark Freeman, sister Tabatha Freeman, and friend Kathy Thomsen enjoy the chancellor’s decision concerning limited visitation with the children. (Photo by Joel Washburn. See a gallery of photos from the day here.)

HUNTINGDON (September 19) – Mary Winkler may visit and phone her three daughters following a decision by Chancellor Ron Harmon on Wednesday, September 19. Starting Saturday, September 29, Winkler can participate in her first supervised visitation with the girls at a location in or around Carroll County.

After 8.5 hours of testimony beginning with Mary Winkler and concluding with the children’s granddad, Dan Winkler, who has custody of the children, Chancellor Harmon allowed Ms. Winkler to phone her children every other day and to have visitation for a “limited time under limited conditions.” The attorneys must submit proposals for such visits to Harmon to review and determine the visitation conditions. Ms. Winkler has not had physical contact with her children since September 9, 2006.

Mary Winkler, listed as the petitioner, was represented free of charge by attorneys Kay Farese Turner and Rachael Emily Putnam. They filed the emergency motion asking for the return of her daughters - Patricia, age 10, Mary Alice (Allie), 8, and Brianna, 2, or, as alternative, regular visits with them. Dan and Diane Winkler, the children’s paternal grandparents and listed as the respondents in the action, were represented by the law firm of Neese and Adams of Dresden. Attorneys William (Bill) Neese, Anita Beth Adams, Jake Adams, and Kelli Summers represented the grandparents.

Following Harmon’s decision, Kay Farese Turner said’ “We are grateful for Mary and the children.”

The Winkler grandparents have had custody of the children since Mary’s arrest in March 2006. Upon receiving news of their son’s death, they drove home from their vacation in the East Tennessee mountains, flew to Orange Beach, and took custody of the children per Mary’s request.

Approximately 55 spectators, including family members, filed into the courthouse to observe the case. A lone video camera, operated by Channel 3- Memphis, was allowed in the courtroom. Other broadcast media, positioned in the adjoining courtroom, took an audio and video feed from the Channel 3 camera. Print journalist and their cameras were allowed in the courtroom. Three video uplink trucks lined the square, however, none providing a live uplink of the hearing. The Carroll County Sheriff’s Department, Huntingdon Police Department and McKenzie Police Department provided security detail for the trial.

Dan and Diane Winkler’s attorneys’ request was denied to prohibit cameras in the courtroom. The three daughters were not in the courtroom.

Mary Winkler, 32, was convicted of voluntary manslaughter in April for shooting her husband, Matthew Winkler in the back. The shooting occurred in their Selmer home on March 22, 2006. She accused him of verbal, mental, physical and sexual abuse at the trial, held in McNairy County earlier this year. Matthew was a pulpit preacher at Selmer’s Fourth Street Church of Christ. She took the shotgun, ammunition, and the three girls to Orange Beach, Alabama immediately following the shooting. She thought she was headed to Memphis.

The Wednesday hearing involved conflicting testimony by mental health experts – including celebrity witness Dr. Keith Ablow of Boston. Ablow, who dubs himself “America’s Psychiatrist”, is a TV news contributor, author of novels, news articles, and a book entitled, “Inside the Mind of Scott Peterson.” Ablow was paid $30,000 to testify at Wednesday’s and future custody hearings. Attorney Kay Farese asked Dr. Ablow if he planned to write a book on Mary Winkler. He said he would like to evaluate Mary Winkler and the girls. He said Mary is a “perpetual danger” and if she was in his psychological ward, she would probably be “there for decades”.

Mary Winkler started the day’s proceedings by testifying that she now resides in McMinnville; works at the Cleaners Express; lives in a five-bedroom home in the country, which is owned by a friend, who charges her $150 monthly rent; the bedrooms are decorated to the children’s individual tastes. The house has a garage and a basement. She was given a car, traded up to an SUV with room for the children and a secured area in the rear for the family dog. She has access to free vehicle maintenance, free medicines, free groceries, a free babysitter for Brianna, and “anything I need,” said Mary. “Everyone knows that what is given to me is for the girls.” She said she is taking her medications, participating in her medical care, visits her psychiatrist monthly, participates in counseling in Tullahoma, and has a good support network. The Tullahoma center is associated with the undisclosed group home, where she went as part of her sentencing for manslaughter. She said she was not allowed to leave the group home, except for twice weekly outpatient treatments. The Tullahoma center offers pediatric, family, and group therapy.

Mary said she hopes her children will want to see the Winklers and her parents, the Freemans. “I long for the day Dan and Diane Winkler will sit down” and discuss the issue and begin healing. She said she wanted visitation with the girls on the weekends, possibly retrieving them from the Huntingdon Church of Christ manse on Friday afternoons and returning them Sunday evening.

She said her children visited her in the Selmer jail, and upon her release on bond, she was allowed to visit with the children in a supervised setting in the gymnasium of the Church of Christ in Huntingdon. Two ladies monitored the visit. One of the ladies was attentive; the other sat away from them and read a magazine.

Initially, she would phone the girls at the Winklers every other Tuesday at 6:30 p.m. If no one answered, she was then to call Thursday. She could write the girls every other week. Later she was asked by the Winklers to quit writing. She said that was “like a stab in the heart.”

She had arranged a birthday party for Allie at the Freemans, but the children did not come. She had plans for a Halloween party and hoped for a visit on Thanksgiving and Christmas, but the girls never attended. Then at the end of October, the phone was not answered regularly at the Winkler home and the packages were not being delivered to the girls. On January 16, 2007, Patricia was crying and screaming on the phone with her mother. She said she phoned the Winklers again and they indicated Patricia was angry and would not let Mary speak with her.

On March 9, 2007, she said she was headed back to McMinnville from Memphis and wanted to see the girls. She testified that the police would be called if she stopped at the Winklers.

She said she was not notified when Patricia broke her arm. She said she learned the information from a friend. She said she was also alerted from the counselor’s records about an automobile accident involving her daughters.

Mary said the Winklers were friendly to her family until October 6 when Dan threatened her father with the police. That was shortly after a story appeared in Glamour magazine about alleged abuse by Matthew.

The girls were being counseled by Diana Crawford of the Agape program in Nashville. The center is supported primarily by the Church of Christ and generally believes that children should be removed from the home to be adopted, said Mary.

Mary said the girls are missing a whole part of their family including grandparents, aunts and uncles. She said the girls are being told untruths by people they trust and are confused.

In her testimony, Mary said the eldest daughter, Patricia, participated in a church camp, where one of the counselors was Mary’s friend. The two made a photograph and sent it to Mary, who had not received any photos of her children since the death of Matthew. Patricia wrote that she loved her mother on the photo. “It was Patricia’s idea,” said Mary, who says she now fears for Patricia and her friend, who aided her in making the photograph.

In cross examination, Jake Adams started his questioning by asking, “Did you intentionally shoot Matthew Winkler?” She responded, “no.” Adams then asked, Why did you kill Matthew Winkler?” He then surmised that she was not able to control herself. Mary said she was at a point of very poor mental health.

Adams asked if she suffered from Post Traumatic Stress Disorder, PTSD, which includes disassociative episodes and had done so since the death of her sister when Mary was approximately 13 years old.
Mary concurred that she suffers from PTSD, but noted she now is being treated, has counseling, takes her medicines, and seeks good mental health. In the group home, she was not classified as a danger to other residents there.
Adams questioned why she was not classified as a danger to others. “You shot a man as a result of the illness,” he said rhetorically.

The attorney told Ms. Winkler she told the girls that another man hit their father and they had to leave. Do you deny? queried Adams. “No,” May responded. He then asked if she was having a disassociative episode. She responded “yes.”

He then told Mary that she put a shotgun in the car with the three children and scared them.

She responded that it terrified her, too.

Adams said that Mary had done things beyond her imagination before.

She responded she can now control her impulses and that she did not know anything about a gun.

On that fateful day, Adams asked Winkler if her disassociative impulses continued that day.

She responded, “Probably, a little while.”

Adams asked Mary if the children were scared of her after what she did to their father.

“No,” responded Mary. She said the children think that’s the silliest question they have ever heard.

Concerning the alleged abuse handed out by Matthew toward Mary and the children, Adams said that Mary testified in the criminal trial that Matthew would suffocate and bruise the children to the point they were withheld from school. Mary responded, “Yes.” He questioned how she dealt with the abuse without phoning authorities. She said, “All I knew to do is handle it myself.” She noted that she never asked for help. “That’s why we are here today.” At the time, she said all she knew to do was survive, noting that today she can think of many different ways to handle the situations.

Adams said Winkler testified in the criminal trial that Matthew threw a recliner at her and she left the premises. He questioned if she did not fear for her girls on that date.

Mary responded that his anger was directed at her at that time.

Adams questioned Mary if she had been involved in another relationship and if she had dated.

“No, I have not,” responded Mary.

He asked if she had dated Darrell Ray Pillow (of Paris).

“Yes,” she responded. She said she started dating him in the spring and ended in August. She said the two talked and got to know each other, but she wanted to be single and wanted her girls.

On redirect by Kay Turner, Mary said that Matthew could not consider counseling and that he limited access to the Freeman family, except Amanda, whom he allowed Mary to associate with.

Turner said the counselor has encouraged Mary to set goals, speak up, set boundaries, and say “no” when needed.

Turner asked what would have happened if the abuse had been reported?

Mary said Matthew would have been fired. Mary said she spoke with Diane Winkler about the situation and Diane reportedly told her to speak up, that she went through a similar hectic schedule as a young mother.

Dr. Lynne Zager, psychologist for Mary, said she conducted a battery of tests. She spent some 42 hours in the pre-trial with Mary. She said Mary is responding well to the medical intervention. Her assessment is that Mary is not a significant risk of hurting herself or anyone else. Mary’s level of functioning has increased, she holds a steady job, and wishes to see her children. Initially, Mary was almost non-functional and felt her life was over, said Dr. Zager. When the Winklers brought Brianna to the Selmer jail, and saw her walk for the first time, is when Mary set her goals to get her children back.

Bill Neese, attorney for the Winklers, questioned if Mary’s first major disassociative event occurred on the death of her sister. Dr. Zuger said Mary’s lack of treatment, counseling, and medication make her more vulnerable to return events.

Neese asked if a disassociative event is like “living in a fog?”

Zuger said “Yes.” In continued questioning, Zuger said the condition is a chronic condition, but treatable.

Neese questioned if Mary might be in a state of asymptomatic?

Zuger said “yes.”

Neese questioned how Mary will respond in future disassociative episodes.

Zuger said she will learn to use her coping tools and her action plan.

Neese questioned if Zuger could be assured Mary would be non-violent in the future.

Zuger said she can’t assure anyone, including herself, will not be violent in the future.

Neese said Zuger administered the MMPI mental evaluations of Mary. The second test showed improved scores, except for one area of the test, which as described as the area of “paranoia.”

Zuger said on the second test, her trial was imminent on charges of first degree murder. She said she was not surprised by the test score.

Turner questioned Zuger if there would be a risk of harm to the children during a visit.

Zuger said she did not believe so.

Dr. John Ciocca was the next witness for Mary Winkler. He said that the children are subject to the influences of the caregiver and that restrictive access to the parent may alienate. On a question by Turner about demeaning remarks being given by the caregiver about one’s parent, Ciocca said a child has no recourse and no method to rebuff the remarks.

Turner questioned Ciocca about remarks by the caregiver that the parent could be convicted of manslaughter and be in jail until she’s 80.

Ciocca said the children cling to the caregiver and don’t want anything else to happen adversely.

Turner asked if the caregiver told the children that their mother robbed banks.

Ciocca said it could lead to a sense of distortion.

Turner then asked if all mail was withheld from the children.

Ciocca said it would create a feeling of abandonment.

Turner said the Tennessee Code Annotated requires non-custodial parents to have the right to communicate with their children.

Ciocca said the contact shall be unimpeded at least twice weekly. The Tennessee Legislature established a parent’s bill of rights. Upon questioning by Turner, Ciocca said the children’s mail should not be opened, all the children’s medical conditions shall be reported to the non-custodial parent, and no derogatory remarks should be made by the caregivers.

Ciocca said Allie said she misses her mother, who will take care of her, however, she doesn’t think the grandparents will allow her to see Mary. Following the Glamour magazine article, Ciocca said Crawford, the girls’ counselor, told the Winklers to “racket down” the visits. He said the visits suddenly stopped without an accompanying court order. He said an assessment of the girls prior to visits and following visits would give an accurate report of the affect on the girls.

Dr. Robert Kennon of Jackson testified for the respondents. Kennon said he had evaluated the two older girls and expressed concern for Dr. Zager’s final analysis of Mary Winkler. Kennon was paid $1,500 for his appearance and $300 for evaluating each of the girls. He said that Mary has a long history of disassociative episodes and called it a “chronic disorder.” He agrees with Zager that the best predictor of future behavior is past behavior. He also said that based on statistics, Mary has a “high risk of violence in her future.” On the second mental test administered by Zager, Kennon said Mary intentionally left a number of questions blank, indicating the results of the test should be disregarded. “She (Mary) did not appear to answer truthfully,” said Kennon. On questioning by Neese, Kennon said Mary may currently be asystematic and have no outward appearances but certain stressors could trigger new symptoms. Statistically, 70 percent of all patients have repeat mild to severe experiences. “Miss Winkler does not bode well for recovery,” said Kennon. He said, in his opinion, Mary is a danger to her children.” He noted she has demonstrated and displayed dangerous behavior in front of her children. The shooting occurred while the children were asleep in the house, she drove around in a state of confusion, and she demonstrated disassociation by killing her children’s father.

During his evaluation of the two older girls, he said they were open, responsive, and communitive. He said they learned about their mother’s appearance on Oprah from other school children. Patricia was angry. In Neese’s questioning about the living condition, Kennon said both girls said they were content and loved their present situation. As for the incident involving the death of their father, Kennon said Patricia told the story of what happened and she is concerned about the inconsistencies of the stories being told. She also has mixed feelings about their mom. He said Patricia related, “She killed my father, I don’t know if she will kill me.” She even had plans for the future if its complete, saying she will get to see her dad.

Kennon said Allie is confused, internalizing, withdrawn, and detached.

He said the girls know they are in a safe place, cared for and loved. He questioned the point of a visit if parental custody is not the goal. He said the children will eventually have to deal with the issue with their mother, but he recommended therapeutic visits, so they do not become victims of PTDS. He termed as “significant” the risk factor of a visit with their mom.

On cross-examination, Turner questioned Kennon if the girls wanted to see their mother. He responded “yes.”

On questioning by Turner, Kennon said he had not evaluated Mary Winkler and could not give a professional opinion. He did concur that some of the negative stimuli had been removed from Mary’s life. Turner noted that a year had passed since her association with an abusive husband and father.

Dr. Ablow was next on the stand. Ablow said he had not diagnosed Mary and was relying on Zagar’s studies. He noted Mary’s disassociative episodes began around the age of 13 and in the last such episode, she doesn’t recall killing her husband. He said most such PTSD doesn’t end with the killing of someone.

He said Zagar’s reports and testimony do not indicate any drug or alcohol screens prior to the tests or what mechanics are in place to assure such an event will not reoccur.

Adams questioned if the children would be safe with Mary. Ablow said he could not say. Ablow said it is common to render an evaluation of a patient without a face to face interview. He said he often makes decisions whether to deny a person his freedoms based on presented evidence.

As the day turned to evening, Adams, once quipped, “I’m losing my mind.” Ablow quickly responded, “I can help.”

Ablow said it would be an emotion toll on the children to visit the person who killed their father.

Turner cross-examined and questioned when Ablow first reviewed the medical records of Mary. He said two weeks earlier. Turner remarked that Dr. Ablow said that Mary was a “perpetual danger to herself and others” during a TV show on April 2007. Ablow said it was clear of Mary’s danger because of her mental illness. He said because she killed someone presents a danger for the future. He said the case is like a “black box. No one has a handle on it.”

She questioned Ablow how he could write a book about the mind of Scott Peterson without interviewing him. She recited a litany of books and credits of Ablow, indicating he is the “who’s who” of psychologist and writers. She then questioned if he had plans to write a book about Mary Winkler.

He said he would like to conduct an independent evaluation of Mary.

Dan Winkler took the stand. He said the moment he and his wife, Diane received the news of their son’s death, their world came to an end. They flew to Alabama to retrieve the girls. They were given power of attorney, enrolled the two older girls in school at Huntingdon, and started their counseling at Agape in Nashville, where he asked counselors to help them to heal their mental scars and to help them evolve into adults. They prepared the girls for the visit to the McNairy County Jail, where they hoped to avoid media attention. They arrived late because they first went to the old jail. When they arrived, Dan told Mary that he and his wife had not spoken critically of Mary, who responded with a “thank you,” according to Dan. After the visit, the girls had problems sleeping and had nightmares. The counselors recommended calls and letters every other week. After a supervised visit with Mary at the Huntingdon Church of Christ gym, the girls were initially happy, but ultimately confused and angry. He said the girls are affected by the public attention. He noted the girls have nightmares and flashbacks. The oldest girl would show signs of anger. The counselor suggested that Allie tell her mother about how she felt. Brother Winkler said he has concerns about safety if visitation or custody is allowed. The children do not have a father today because of Mary’s actions. If Mary is granted her wishes, the children will be thrown back into an environment foreign to them. He said the girls are making straight A’s in school, participating in sports, and Patricia is publicly singing. They seem well adjusted and happy compared to last March. Dan said one of the biggest tragedies is the loss of a daughter in law. “I love Mary,” said Dan. He declared that the Winklers are not trying to be vindictive. The only objective is what’s best for the girls.

Turner questioned Mr. Winkler about not allowing any photos of the girls to be sent to Mary. He said he was afraid they would be sold to the media. The attorney questioned if he withheld mail from the girls that was sent from Mary. He acknowledged the counselors recommended doing so. She questioned if Patricia had not asked Dr. Kennon to visit her mother. Dan said that a visit would mean to a foreign environment and that Mary has changed. Turner questioned if the Winklers told the girls their mother might spent 80 years in jail. He said he couched the comments and told the girls the truth, per the counselor’s recommendations. He said he said he told the girls the authorities were saying that.

Turner questioned Dan if the story about possible marital abuse that appeared in Glamour magazine offended him. He said the innuendos were already in the public.

She questioned if he thought it was in the best interest to deny Mary contact with the girls.

Dan said he thought in relation to how the girls responded in prior visits. He said they would grow agitated.

Ms. Adams asked Dan if he feared for the girls’ safety.

He responded, “Yes ma’am,” and added also their well-being.

Home |  News  |  Feature  |  School  |  Sports  |  Obituaries  |  Daily Obits  |  Calendar
Public Notices  |  Archives  |  Real Estate Guide  |  Sponsors' Ads  | West TN Advertiser
Advertise Online  |  Products  |  Web Design & Hosting  |  News Tips/Ideas 
Ad Rates (PDF)  | Deadlines/Policies  |  Subscribe |  About Us  |  Contact Us

The McKenzie Banner
 3 Banner Row, PO Box 100
 McKenzie, TN 38201
 731-352-3323 FAX: 731-352-3322
 editor@mckenziebanner.com

copyright 2006-2008 by Tri-County Publishing Co.