AUTHOR’S NOTE: This story will be updated frequently throughout proceedings in the punishment trial of Amber McDaniel. Refresh this page often for the latest.
FORT WORTH (KFDX/KJTL) — The defense continues presenting its case to a jury of 12 Tarrant County residents in Amber Nichole McDaniel‘s sentencing trial on Friday, September 15, 2023.
McDaniel, 33, of Wichita Falls, pleaded guilty in April 2023 to the felony charges of endangering a child and tampering with evidence related to the 2018 murder of her 2-year-old son Jason Wilder McDaniel. She faces a sentence ranging from probation to more than a decade behind bars.
McDaniel’s defense attorney, Mark Barber, is expected to call several more witnesses to the stand on Friday, September 15, as he continues to present his case.
- Monday, Sept. 11 — Jury of seven women and five men selected
- Tuesday, Sept. 12 — Opening statements, testimony begins
- Wednesday, Sept. 13 — Lead investigator in Wilder’s death testifies
- Thursday, Sept. 14 — State rests case, defense begins
KFDX Weekend Anchor Markeshia Jackson will provide a summary of Friday’s proceedings live from Fort Worth during KFDX 3 News at 6 o’clock.
A running live blog of proceedings on Friday, September 15, 2023, in the punishment trial of Amber McDaniel can be found below.
Judge McKnight dismissed Bachman from the stand and dismissed the jury from the courtroom for the day. The court will be in recess until Monday, September 18, 2023, at 9:00 a.m. when testimony is set to resume.
4:00 p.m. — Bachman testified she wasn’t aware of Facebook posts made by McDaniel regarding the investigation. She testified that she didn’t believe McDaniel was misleading law enforcement.
Barber passes the witness back to Gillespie for further cross-examination.
3:54 p.m. — Bachman testified that she loves McDaniel and she wants her to be a part of Phoenix’s life.
Gillespie passed the witness back to Barber for further questioning.
3:53 p.m. — Bachman testified McDaniel had a large support system during her relationship with Staley. Gillespie asked Bachman if it would have been easier for McDaniel to leave Staley than it was for her to leave her abusive ex. She testified that she’s not McDaniel so she couldn’t answer.
3:52 p.m. — Bachman testified that she was at every day of James Staley’s capital murder trial. She testified when she learned about the text messages between Staley and McDaniel, she wasn’t shocked. She testified she had learned about some of the messages from the affidavit and she compared it to the abusive and manipulative relationship she had been in. She testified she felt horrible for McDaniel and Wilder because she’d been there before.
3:49 p.m. — Bachman testified that in her situation, she immediately left the relationship when she felt she and her unborn child were in danger. She testified she wasn’t aware of McDaniel’s dating relationship with Staley and that she had never met Staley.
Barber passed the witness to Gillespie for cross-examination.
3:46 p.m. — Bachman testified that she returned to her ex-boyfriend, who testified she left Wichita Falls once again. She testified she felt she was in danger, so she left one more time and never returned to her abusive ex-boyfriend.
3:43 p.m. — Bachman testified that eventually, the abuse she suffered became physical. She testified she stayed in the relationship for about six months and during that time, she became pregnant. She testified she came back to Wichita Falls when she was about two months pregnant.
3:40 p.m. — Bachman testified that she had been in abusive relationships in the past. She testified that a previous partner of hers was psychologically abusive.
3:38 p.m. — Bachman testified that at a point in time, McDaniel said she didn’t want to have another child because she wanted to “get up to Wilder as soon as possible.”
3:36 p.m. — Bachman testified that Phoenix, Amber and Bubba McDaniel’s second child, is “perfect”. She testified that Phoenix’s parents are overly protective of their son, but she doesn’t blame them. She testified that she’s seen a glimmer in both Amber and Bubba since the birth of Phoenix that she didn’t think she’d ever see again, but that it hasn’t erased the grief and pain of losing Wilder.
3:34 p.m. — Bachman testified that two days after Wilder was killed, Bubba McDaniel went to Amber McDaniel’s home and never left. She testified that they grieved Wilder’s death together and that they needed each other.
3:33 p.m. — Bachman testified that her brother, Bubba McDaniel, has cried about the loss of Wilder. She testified that her sister-in-law, Amber McDaniel, experienced the worst thing a parent could possibly experience with the loss of her child. She testified that it was “gutwrenching” that Wilder’s life was cut short. She testified that she became concerned for Bubba McDaniel’s mental health following Wilder’s death.
3:30 p.m. — Bachman testified that her daughter grew very attached to Wilder after he was born. She testified that she’d never seen her daughter cry as much as she did when she found out about Wilder’s death. She testified it’s hard for all of her children that Wilder’s no longer alive, but it affected her oldest daughter the most. She testified that her entire family is a victim of Wilder’s murder and that they will never be the same.
3:28 p.m. — Bachman testified that she is Amber McDaniel’s sister-in-law and Bubba McDaniel’s younger sister. She testified that she was pregnant at the same time McDaniel was pregnant with Wilder.
3:25 p.m. — Judge McKnight brings the jury back into the courtroom and instructs the defense to call its next witness. Defense Attorney Mark Barber calls Courtney Bachman to the stand.
Judge McKnight excused Detective Nelson from the stand and dismissed the jury for a break. The Court will be in recess until 3:25 p.m. when testimony is set to resume.
3:12 p.m. — Detective Nelson testified that he never asked to see the text messages from McDaniel’s phone after he was no longer involved in Wilder’s investigation. He testified that after he viewed some of the messages between Staley and McDaniel, he felt slightly manipulated by McDaniel.
Barber passes the witness back to Gillespie for further cross-examination.
3:08 p.m. — Detective Nelson testified that he could understand why Amber and Bubba McDaniel would be frustrated by the fact that an arrest wasn’t made in the case of their son’s death in over two years.
Gillespie passes the witness back to Barber for further questioning.
3:05 p.m. — Detective Nelson testified that despite the posts made on social media against the police, he continued to be kind to McDaniel. He testified that the posts suggesting the WFPD didn’t care about Wilder were like a kick in the teeth.
3:04 p.m. — Detective Nelson testified that he was almost solely focused on the investigation into Wilder’s death while he was the lead investigator. He testified he was personally doing all he could do to ensure justice was served for Wilder.
3:01 p.m. — Detective Nelson testified that he is a man of faith and he tends to see the best in people. He testified that he was taken in by a grieving mother and he believed at the time that she was being cooperative with the investigation.
Barber passed the witness to Gillespie for cross-examination.
2:56 p.m. — Detective Nelson testified that he believed McDaniel’s tears and crying during early interviews regarding Wilder’s death were sincere. He testified that some of the words McDaniel said at the time made sense after he learned about the text messages from Staley.
2:53 p.m. — Barber and Detective Nelson continued to discuss his supplemental report regarding the investigation into Wilder’s death. Detective Nelson testified that Tara Campisi would often change her mind regarding Staley’s involvement in Wilder’s death. He testified that based on his investigation, he believed Staley to be very capable of manipulating women.
2:35 p.m. — Detective Nelson testified that McDaniel gave a sample of her DNA to be used for forensic testing. He also testified that Tara Campisi, the mother of James Staley’s daughter, called him and said she did not believe Staley was involved in the murder of Wilder.
2:29 p.m. — Detective Nelson testified that McDaniel did not assert her Fifth Amendment right when she came for an interview on October 11, 2018. He also testified that Staley did assert his Fifth Amendment right.
2:25 p.m. — Detective Nelson testified that McDaniel sent him a photograph of Wilder with bruising on his head and face as well as a Facebook message to him upon his request for it.
2:22 p.m. — Detective Nelson testified that he agreed it would have been a better practice to seize Amber McDaniel’s phone closer in time to the actual crime being committed.
2:20 p.m. — Detective Nelson testified that while serving a search warrant on Staley’s residence on October 22, 2018, Staley’s computer and phone were seized. He testified that he had a conversation with McDaniel the same day and she relinquished her phone and provided its passcode to the police.
2:16 p.m. — Detective Nelson testified that someone at the scene of Wilder’s death brought the phone from Staley’s residence to the police station. It was released to McDaniel sometime that day. Detective Nelson testified that during a follow-up interview on October 12, 2018, he did not request consent to look through McDaniel’s phone. He testified that this was his first child death investigation.
2:12 p.m. — Detective Nelson testified that on October 11, 2018, Staley gave consent for the WFPD to search his home for evidence. He testified he told Staley that all child death investigations start as criminal investigations until it’s proven not to be criminal. He testified that Staley said he checked on Wilder around 11:30 p.m. the night before because he was crying.
2:07 p.m. — Detective Nelson testified that on May 11, 2020, Sgt. Sheehan instructed him to finish his supplement and submit it for approval until further evidence surfaced.
2:02 p.m. — Detective Chad Nelson testified that after the verdict was read in the Staley capital murder trial, he met with Amber and Bubba McDaniel. He testified he told Amber McDaniel that he knew she had pled guilty to the charges pending against her, but he viewed her as a mother who had lost her child.
Judge McKnight excused the witness from the stand. Barber admitted two exhibits into evidence containing medical and psychiatric records of McDaniel. They are admitted without objection from the prosecution. Judge McKnight informs the defense it may call its next witness. Barber called Detective Chad Nelson to the stand.
Barber passes the witness back to Gillespie for further cross-examination.
1:56 p.m. — Bartow testified that most people are not always aware of how long it takes for a police investigation to come together.
Gillespie passes the witness back to Barber for further questioning.
1:55 p.m. — Bartow testified that this incident took place on January 26, 2019, less than a day after McDaniel was interviewed by detectives with the WFPD. He testified that upon receiving an award from the WFPD and the department posting it on Facebook, McDaniel commented on the post that he tried to arrest her.
Barber passes the witness to Gillespie for cross-examination.
1:52 p.m. — Bartow testified that after McDaniel was taken to the North Texas State Hospital, and while there, she made a statement that she wished she would’ve been shot by the police.
1:50 p.m. — Bartow testified about an incident he responded to in 2019. He testified that he responded to a disturbance between Amber and Bubba McDaniel. He testified that McDaniel had attempted to stab herself and said things along the lines of wishing she was dead. He testified that he had McDaniel committed to the North Texas State Hospital by way of an Emergency Detention Order.
1:45 p.m. — Judge McKnight called the jury back into the courtroom and testimony resumed. Judge McKnight instructed the defense attorney Mark Barber to call their next witness. Barber called Officer Jesse Bartow with the Wichita Falls Police Department to the stand.
Judge McKnight excuses Tanner from the witness stand and dismisses the jury for their lunch break. The Court will be in recess until 1:45 p.m. at which point testimony will resume.
12:11 p.m. — Gillespie asked Tanner if a child endangerment case that led to the murder of a child would be a serious crime. Tanner testified that it would depend on the circumstances.
Barber passes the witness back to Gillespie for further cross-examination.
12:06 p.m. — Tanner testified that she believed McDaniel is still grieving the loss of Wilder and that she always will be. She testified she was aware that McDaniel would be a convicted felon after this trial and that can have consequences.
12:04 p.m. — Barber asked Tanner about several witnesses that the prosecution called to testify during Staley’s capital murder trial. She testified that during Staley’s trial, Tanner made an argument that McDaniel made a bad choice in the man she dated like a lot of women do, and that women don’t realize they made a bad choice in a man until they see the consequences, and most of the time, those consequences aren’t fatal.
Gillespie passes the witness back to Barber for further questioning.
11:58 a.m. — Tanner testified that if Staley had deleted the text messages the way McDaniel had, they would have been missing a key piece of evidence in the trial.
11:57 a.m. — Tanner testified that it was her belief that McDaniel claiming she did not remember the specific text messages Staley sent about Wilder wasn’t an overt lie.
11:54 a.m. — Tanner testified that Staley’s defense team didn’t really dive into McDaniel’s credibility or naming McDaniel as a suspect during their cross-examination or their case. Tanner testified that McDaniel’s past lies could have been a huge problem for the prosecution during Staley’s capital murder trial.
11:50 a.m. — Gillespie questioned Tanner about the Brady notice they had to file in Staley’s capital murder trial due to potentially impeachable evidence, namely, McDaniel’s testimony, due to McDaniel being untruthful to the Wichita County District Attorney’s Office during the investigation. The Brady notice was entered into evidence with no objection.
11:44 a.m. — Gillespie and Tanner discussed and recalled the strategy they used to build the case against Staley and their prosecution strategy during the trial.
11:40 a.m. — Gillespie asked Tanner if the “stupid” acts committed by McDaniel were actually criminal acts that led to Wilder’s Murder. Tanner testified that she felt those acts were omissions.
Barber passes the witness to Gillespie for cross-examination.
11:34 a.m. — Tanner testified that when she got involved with the case, she initially began reviewing documents and items for the case. She told the jury that after listening to the 911 call from McDaniel, she called Gillespie and said there was no way McDaniel had anything to do with Wilder’s murder.
11:31 a.m. — Tanner testified she would characterize McDaniel as a “stupid girl” because, in hindsight, she should have left Staley. She testified that she told the jury there were probably a lot of things that look bad in hindsight but in the moment, they likely seemed innocent.
11:28 a.m. — Tanner testified that at times during the trial, she wanted to grab McDaniel by the shoulders and shake her and at other times she just wanted to hug her. She testified that she saw the texts between McDaniel and Staley and wondered why she didn’t leave Staley. She then testified that Staley was the most calculating defendant she’s ever encountered.
11:26 a.m. — Tanner testified that McDaniel owned her responsibility for Wilder’s death during Staley’s trial. She testified that McDaniel knew she was placing herself in peril by testifying against Staley. She added that McDaniel didn’t want her lawyer, Barber, present during her testimony.
11:23 a.m. — Tanner testified that she and McDaniel had a lot of heart-to-heart conversations leading up to Staley’s trial. She testified that McDaniel was “absolutely” a significant witness during the trial, adding she was the most important witness. She testified that she has never testified on behalf of a defendant, and this is the first time she’s done so.
11:21 a.m. — Tanner testified she was brought in as a special prosecutor during James Staley’s capital murder trial, assisting Gillespie. She testified that she split the responsibilities of prosecuting the trial with Gillespie, and she handled everything that involved McDaniel during the trial.
11:19 a.m. — Tanner testified that she has been involved in the prosecution of at least 25 capital murder cases, eight of which involved placing the defendant on death row. She testified that she had never represented a defendant in a case.
11:16 a.m. — Tanner introduced herself to the jury and told them her background. She testified she was a prosecuting attorney who now runs a private practice.
Judge McKnight dismisses Burke from the witness stand and instructs Barber to call the defense’s next witness. Barber calls Lisa Tanner to the stand.
11:13 a.m. — Burke testified that she was aware and present when McDaniel pled guilty, she had just not read the documents. She also testified that McDaniel was not in a good place mentally in the days and weeks following Wilder’s death.
Gillespie passes the witness back to Barber for further questioning.
11:11 a.m. — The cross-examination of Burke by Gillespie at times became combative. Gillespie asked Burke if she was aware of the judicial confessions signed by McDaniel when she pled guilty to the charges pending against her. Burke testified that she had not read those documents.
11:08 a.m. — Burke testified she was not aware of Amber McDaniel hiding anything from law enforcement. She testified McDaniel is an amazing mother. Gillespie stated that amazing mothers protect their children from evil and that Wilder didn’t have his mother to protect him, and Burke testified Wilder had his mother.
11:05 a.m. — The jury returned to the courtroom and Gillespie resumed his cross-examination of Karen Burke, Bubba McDaniel’s mother, and Wilder McDaniel’s grandmother.
Judge McKnight dismisses the jury for their morning break. The Court will be in recess until 11 a.m. when testimony is set to resume.
Gillespie continued questioning Burke for another ten minutes before the court was dismissed for their morning break. The questioning occurred at a rapid pace, with the two often speaking over one another. Judge McKnight had to instruct Burke to allow Gillespie to finish his question and only answer the questions she was asked.
10:32 a.m. — Burke testified the text messages shown in the courtroom did not lead her to think any differently about McDaniel as a mother.
10:30 a.m. — Burke testified she attended every day of James Staley’s capital murder trial and that she and her daughter were somewhat of a cheering section for Gillespie and the prosecution.
Barber passes the witness to Gillespie for cross-examination.
10:28 a.m. — Burke testified that the verdict being read in Staley’s capital murder trial didn’t take away the pain of losing Wilder. She testified she was grateful to Gillespie for putting Staley into prison for the rest of his life.
10:25 a.m. — Burke testified that she was in an abusive relationship in the past with Bubba McDaniel’s father. She testified of multiple instances in which her former partner would abuse her and degrade her. She testified the abuse began when she found out she was pregnant with Bubba McDaniel and it stopped when they split up when Bubba McDaniel was about 7 months old. She testified she was in the relationship for two and a half years.
10:23 a.m. — Burke testified that she didn’t want McDaniel to go away because Phoenix needed his mother.
10:22 a.m. — Burke testified that the birth of Phoenix, Amber and Bubba McDaniel’s second child together, did not take away the grief of losing Wilder and that nobody could take Wilder’s place.
10:19 a.m. — Burke testified she was aware of a time in which McDaniel attempted to take her life and that she was taken to the North Texas State Hospital after. Burke testified she attended the capital murder trial of James Staley and she was aware of the text message exchanges between McDaniel and Staley. She testified that it did not change her opinion of or love for McDaniel and that she still supports her.
10:17 a.m. — Burke testified McDaniel was devastated by Wilder’s death, adding that she was the saddest person she’d ever seen in her life. Burke testified she was concerned for McDaniel. She testified she was concerned for the mental health of both Amber and Bubba McDaniel, and that she was afraid Amber McDaniel would commit suicide. She testified McDaniel would sometimes sleep at the cemetery.
10:14 a.m. — Burke testified she was concerned for the well-being of both Amber and Bubba McDaniel. She testified that Bubba McDaniel is not over the death of his son and he feels guilty that he was not in town at the time of Wilder’s murder. She testified she was not over the death of her grandson. “How could you ever get over that?” she said.
10:11 a.m. — Burke testified she called her son to inform him that Wilder was deceased. She testified Bubba and Amber McDaniel were devastated by Wilder’s death. She testified that the family all helped plan for Wilder’s funeral, including Amber and Bubba McDaniel. She became increasingly more emotional when she testified about watching her grandson be buried and watching her son bury his child.
10:09 a.m. — Burke testified that she was Wilder’s grandmother and Bubba McDaniel’s mother. She testified she loved Wilder. She testified that McDaniel was an exceptional mother to Wilder. Burke could be observed becoming emotional and crying.
Judge McKnight excuses Campisi from the witness stand and instructs Barber that the defense may call its next witness. Barber calls Karen Burke to the stand.
Barber passes the witness back to Gillespie for further cross-examination.
10:03 a.m. — Campisi testified she had previously discovered her twin sister deceased earlier in her life. She testified that she misses her sister every day and with time it gets easier to deal with. Barber thanked Campisi for testifying because he knew how difficult it was.
Gillespie passes the witness back to Barber for further questioning.
10:00 a.m. — Campisi testified that she allowed Gillespie and his chief investigator Tye Davis into her home for a lengthy interview following Wilder’s death. She testified she allowed this to happen because she knew a capital murder investigation was important.
9:57 a.m. — Campisi testified that when she was pregnant with Brooklynn, she feared for her child’s safety before she was even born.
9:52 a.m. — Gillespie asked Campisi if Staley had a dark sense of humor, or if he was an evil person who does demented things. Campisi testified that Staley had ups and downs. Gillespie was observed becoming more animated in his questioning, eventually asking if murdering a 2-year-old boy was an evil thing. Campisi testified that it was.
Barber passes the witness to Gillespie for cross-examination.
9:50 a.m. — Campisi testified that she wished McDaniel would’ve had more time to see the patterns of Staley’s behavior. She testified she was in a relationship with Staley much longer than McDaniel, and she felt McDaniel would’ve been able to see the destructive patterns of Staley’s behavior and leave. She testified she’d never met anyone like Staley and she hopes she never meets anyone like Staley again.
9:48 a.m. — Campisi testified that she feared Brooklynn was coming to an age where Staley being her father would have an effect on her. She testified that Brooklynn told her she enjoyed the time she would spend with McDaniel.
9:44 a.m. — Campisi testified that she shared her experiences of dating James Staley with other women who would get into relationships with Staley, warning them that he would “suck the life” out of them. She testified that there was one woman she never warned about Staley, and that was Amber McDaniel. Barber asked if she regretted that, and she testified she did, appearing to be holding back tears.
9:39 a.m. — Campisi testified about an incident at a hair salon shortly after Wilder’s murder. She testified that Staley was going to the salon to drop off Brooklynn’s rain boots. She testified that Staley wanted to hug Brooklynn, but Brooklynn didn’t want to. She testified that he was a horrible father and always acted very “spastic”.
9:35 a.m. — Campisi testified about an incident in which Brooklynn became scared of her father, Staley. She testified that while Brooklynn was staying with Staley in Okmulgee, Oklahoma, following Wilder’s death, Staley was asleep and wouldn’t wake up. Campisi testified she called authorities multiple times and couldn’t get anyone to conduct a welfare check. She testified that the incident scared her. After this incident, she testified Brooklynn no longer wanted to be alone with her father.
9:32 a.m. — Campisi testified about a time when Staley pushed her to the ground while she and Brooklynn were visiting Wichita Falls. She testified that in another instance, she had agreed to let Brooklynn stay with Staley as long as Staley’s mother, Nancy Staley, supervised the visit. Eventually, she testified she got full custody of Brooklynn.
9:25 a.m. — Campisi testified that Staley made custody issues difficult following their separation. She testified that he moved to his own beat and that he was emotionally unavailable. She testified he would attempt to control her with money and that he would threaten her.
9:19 a.m. — Campisi testified that when she and Staley were in a relationship, he would often mock both herself and their daughter. She testified that he had a sick sense of humor and in their text message exchanges, Staley would call her derogatory names. She testified that she contemplated leaving Staley consistently.
9:15 a.m. — Testimony resumes. Defense attorney Mark Barber calls Tara Campisi to the stand. Campisi is an ex-girlfriend of James Staley, and the two have a daughter together, Brooklynn.
This is a developing story. Stick with Texoma’s Homepage for the latest from the punishment trial of Amber McDaniel. This story will be updated as new information becomes available, so refresh this page often.