Ballard Defense Rests Its Case

BARTOW | Recently recorded telephone conversations between Roy Ballard and his wife have dramatically changed the course of his murder trial.

Ballard, 67, is accused of killing his stepdaughter, Autumn Marie Traub, because, prosecutors say, she opposed his regaining custody of a 14-year-old female relative so he could continue a sexual relationship with her.

Traub's body has never been found. She disappeared in Lakeland on Sept. 13, 2006.

Ballard is charged with first-degree murder and prosecutors are seeking the death penalty. The jury is expected to begin its deliberations today.

Ballard's lawyer, Byron Hileman, told jurors during opening statements that his client might testify. But the defense rested Tuesday without calling either Roy Ballard or his wife.

Kathy Ballard had testified earlier in the trial when she was questioned by prosecutors. The defense had the option of calling her back to provide additional testimony.

The decision not to put the Ballards on the stand came after prosecutors on Friday said they had telephone conversations that were recorded recently at the Polk County Jail between Ballard and his wife. Inmate telephone conversations at the jail are recorded.

The jury has not heard the recordings, but the lawyers have discussed them outside the jury's presence.

Assistant State Attorney Cass Castillo told Circuit Judge Donald Jacobsen on Monday that if Kathy Ballard again took the stand, he would question her about the conversations.

The Ledger obtained copies of the recordings.

Jacobsen had ordered that Kathy Ballard and all witnesses not talk about the case outside the courtroom.

Prosecutors say the recorded conversations show Kathy Ballard violated that order, and spoke with her husband about the trial.

In 2006, Kathy Ballard told detectives that her husband was obsessed with getting the girl back, and she thought that he killed Traub, according to Lakeland police investigative reports.

However, she testified last week that what she meant was that her husband was "obsessed" about the girl's education and well-being.

During a June 26 telephone conversation, Roy Ballard told his wife about how the girl testified that he hugged and kissed her in the yard.

There was some background noise during the conversation.

"Keep your hands off of her," Kathy Ballard said.

"Huh?" Roy Ballard asked.

"I said keep your hands off of her," she said.

"You have to talk a little bit louder ... There's an animal convention or something here," he said.

"Keep your hands off of her," she said.

"Huh?" he asked.

"Keep your hands off of her," she said.

"Off of who," he asked.

"Who else?" she asked.

"I don't want anything to do with her," he said. "Hell, I wish I'd never seen her."

"I wish we never brought her into the house," she said.

"The whole damn thing ain't been nothing but trouble for me," he said.

"I know it," she said.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]