Defense attorney attacks Kamp's credibility during cross examination

Defense attorney David Aylor cross examines Heather Kamp Thursday.
Defense attorney David Aylor cross examines Heather Kamp Thursday.

CHARLESTON, SC (WCSC) - The attorney for accused killer Ethan Mack attacked the criminal history and credibility of the key witness in Mack's murder trial Thursday.

The witness, Mack's ex-girlfriend, Heather Kamp, tried her best to defend herself on the stand. Kamp was feisty and while trying to hold her ground under cross examination from Mack's lawyer David Aylor.

Mack is on trial for killing 28-year-old Kate Waring in June 2009. Prosecutors say Mack tortured Waring with a taser, knocked her out by hitting her in the head with a wine bottle and then with help from Kamp, put an unconscious Waring in a bathtub to drown.

In court Thursday, it came out that Waring footed the bill for Kamp's expenses after Kamp came to Charleston, including doing her laundry.

That prompted the following question from Aylor.

"So, she was paying for everything and also doing your laundry?" Aylor asked. "Why kill someone like that?"

"We never meant for that to happen," Kamp replied.

Kamp is testifying for the prosecution against Mack based on a plea agreement made back in August. Kamp was allowed to plead guilty to voluntary manslaughter, but during Wednesday's testimony it was revealed that the agreement was thrown out because Kamp lied after the plea. She now also faces murder charges.

Kamp led private investigators to Waring's body in a gated community on Wadmalaw Island in October 2009.

During cross examination Thursday, Kamp said she is a chameleon who can become anybody within reason.

When discussing the night of the murder, Kamp said that Waring zipped herself into the suitcase, except for one leg. Waring entered the suitcase as part of the "game" to see if she could fit.

Kamp said Mack then started tasing Waring and asked her to hold down suitcase. Kamp said she didn't tase Waring, but Wednesday she said she did tase Waring.

Kamp said that the pillow didn't work so Mack grabbed the bottle of wine in Waring's bag while went to fill up the tub.

"She is face up, but her head didn't come up out of the water?" Aylor asked.

"From what I saw, no," Kamp said.

"So, she died in the bathtub?" Aylor asked.

"I'm not going to give an opinion on that. I'm not a medical expert," Kamp said.

"Will you confirm that she is dead as one of her murderers?" Aylor asked.

"Yes, as one of her murderers, yes. She is dead in the bathtub," Kamp said.

Kamp said she cut up credit cards, IDs, a passport and then put it all in the bag with jewelry that wouldn't flush. Waring was still dead in the tub at that point.

Aylor asked Kamp about her lies to investigators, which cost her the plea arrangement she had in place for testifying against Mack. Aylor asked Kamp how many times she lied to investigators.

"I'm not sure. 50?" Kamp said. "Well, I lied in my statements, so however many times I lied there."

During cross examination Kamp said that she didn't think investigators believed her story.

"I'm pretty sure they [detectives] didn't buy my story from day one," Kamp said. "I know Scarlett [Wilson] didn't ... So, obviously I'm not such a good liar. I've had some success, but they unravel in front of my face in just a few months. And most people don't believe my lies to begin with."

Aylor questioned Kamp about her trip to Florida with Mack. Kamp said the plan was to not tell Waring about the trip because they didn't want her to tag along to Orlando, Fla.

"Was she hitting on your nerves?" Aylor asked.

"Yes," Kamp replied.

"Why hang out with her?" Aylor asked.

"Just because I felt she was annoying us, it didn't mean it was bad when we were together," Kamp said.

Kamp said she was jealous because Waring was clinging to Mack. Kamp said that Waring told her she was pregnant with Mack's child. Kamp said she blew up at her, but she doesn't remember when that happened.

"Did she want Ethan in your opinion?" Aylor asked.

"I think part of her did," Kamp said. "I think he cared about her in some degrees. But it eventually became old and wore thin."

When Kamp and Mack returned from Orlando, she says they stayed at Mack's father's house on Riley Road. Kamp said she called Waring on June 12 to go to dinner and clear the air, but then the plan had been to scare her.

"What had you done to scare her?" Aylor asked.

"I told her my brother was arrested because of her; and my family was going to kick her ass," Kamp said.

"Did Kate think you had a brother?" Aylor asked.

"I can't say if she did or she didn't," Kamp said.

Kamp said the plan then was to pick up Waring, go to dinner and take her back to Riley Road. Kamp assumed that Waring knew about the bad checks the Kamp wrote and tried to cash from her checkbook.

Aylor also asked about Kamp's lie to Waring about being a doctor. Kamp said that Waring knew she was lying. Aylor asked her how Waring knew she was lying.

"It was just me," Kamp said. "She knew I was lying. She knows lying the same way I can see lies. She can lie just as good as I can. I probably said a little bit of too much."

Aylor began cross examination by asking Kamp about her pattern of lies, asking her if she was a pathological liar. He also asked her about statements she made in a physiological evaluation.

A statement Kamp allegedly made in the evaluation reads: "I'm a chameleon. I don't know who I am. I just become who everyone else wants me to be."

The statement also says: "I can't remember what happened and what didn't because it was all such a blur. I don't want to remember. It's a defense mechanism. It's my own reality."

After reading the statement out loud, Aylor asked Kamp, "So, you do create your own reality?"

"Yes," Kamp replied.

Aylor read another statement from the evaluation: "I lie all the time. I lie a lot. And after a while I believe it. I don't know where the lie begins and ends."

The evaluation also reads: "I can go from sane to totally irrational."

Kamp explained the statement during cross examination.

"If I don't take my meds, I might make a random spending spree and buy 200 rubber duckies for no reason."

Thursday was a complete turnaround from Wednesday when Kamp was calm and collected when questioned by the Solicitor Scarlett Wilson.

Aylor attacked Kamp's criminal history and her credibility.

Two court spectators were thrown out of the courtroom Thursday morning for making gestures during Kamp's testimony.

Things got testy between Kamp and Aylor as he tried to establish that Kamp has been a lifelong liar and lied about what happened the night Waring was killed.

Kamp couldn't recall many things from her criminal past.

"I can't recall," Kamp said on numerous occasions. But Kamp insists she is now telling the truth about Waring's murder.

For live updates from the trial, follow our live blog.

Copyright WCSC 2010. All rights reserved.