According to her Find a Grave entry, Evelyn Mae Boswell was born on 21 November 2018 to parents Megan ‘Maggie’ Boswell, who was 17. Megan’s boyfriend Ethan Perry, who was 19, was said at the time to be Evelyn’s father, but we will get more into that later in the episode. She was born in Blountville, Tennessee.
Megan had a fractured childhood and spent time in the foster care system. When Evelyn was born, Megan was still in foster care. Her mother Angela was in jail on drugs charges when Evelyn was born.
By 2019, Megan was living with her father Tommy Boswell Sr and two of her younger siblings.
Ethan and Megan were not together at the time that Evelyn disappeared and Ethan did not have custody of her. Megan was seeing a man named Hunter Wood.
Evelyn was around 15 months old at the time she was reported missing in February 2020. Her grandfather Tommy Boswell Sr was the one to report her missing.
Law enforcement made a statement and said that Evelyn “was last seen by certain family members near the end of November 2019 and the first of December 2019.”
Evelyn was said at the time to be 2 feet tall, weighing 28 pounds. She had blue eyes.
Many people questioned at the time why there was no Amber Alert. The Sullivan County Sheriff said “We realize that some may question why an Amber Alert has not been issued for the child. Criteria for issuing an Amber Alert are established by the Tennessee Bureau of Investigation and this case does not meet the criteria for an Amber Alert to be issued.”
Despite that, the TBI backflipped and an Amber Alert ended up being issued.
There were varying reports of the last date that Evelyn was known to be alive. As mentioned, some reports said November/December. The National Center for Missing and Exploited Children said that Evelyn was last specifically seen on December 26, 2019. A babysitter said that she saw Evelyn on December 10 or 11.
You can read our original blog for Evelyn here:
After Evelyn was reported missing, Megan started talking to the media. She changed her story multiple times, depending on who she was speaking to. Firstly, she said that Evelyn was with Ethan, Then she said that Angela (Evelyn’s grandmother) had the child and was refusing to return her. She also said that Angela gave Evelyn to someone who she would be safe with and have a better life with.
She told reporters that the family had a meal together and that Angela had driven off with Evelyn, supposedly to a campground in Virginia.
‘I told TBI where to find her in Mendota. My mom took her to a campground in a silver camper and if they don’t go tonight, I’m going to go find her myself, because I’ve told them and they’re not really like taking it seriously and if they don’t go tonight, I will go myself and go get her…They’re not taking me seriously, TBI isn’t, because I’ve not fully told them I’ve been like ‘hey, like my mom camped out in Mendota, you know, to go check them out,’ but I’ve never been like, ‘hey,’ specifically, ‘hey, she’s like in a silver camper,’ because my mom did threaten me like you know if I told anybody – I’m not gonna get into that – but she did,” Megan said, adding that her mother “was just going off on” her after the AMBER Alert was announced.
Police searched the alleged area and found no sign of the child.
Another story that Megan told was that she had left Evelyn in the case of someone she trusted while she was at work.
“Well the reason I didn’t report it or anything was I knew the person who had her, and I didn’t want them to run away with her,” she said. “And as soon as they thought anything was going on they just kinda vanished. So I’m just kinda worried, you know, about where they are at. What they’re doing with her at this point in time.”
“In a way I knew that as soon as anything went down this person was going to disappear and they have. And they have tried to find them… They won’t answer phone calls. They just kinda disappeared.”
Megan said she’d do things differently if she is given a second chance.
“Yeah I probably would have called the first day. I should have. But I just didn’t want them to run with her, like they have now.
Evelyn’s grandfather Tommy Boswell Sr told the media that the last time he had seen her was on Thanksgiving. When he told his ex-wife Angela of his plan to report the child missing, she said ‘you’re going to regret this.’
On February 21, 2020, police asked the public for assistance in locating a gray BMW that they believed was related to the case. Angela Boswell and a man named William McCloud were charged with vehicle theft.
Angela was arrested in North Carolina and she told the court that she wanted to get back to Tennessee to help find her granddaughter.
“I’d like to get back there and get this situation with my granddaughter resolved,” Angela told Wilkes County District Court Judge David Byrd.
William and Angela told the court that they did not realize the BMW was stolen and that it had been a gift from Megan. “I had no idea anything had went wrong with the car,” William said. “Apparently her daughter hadn’t paid for the car. Neither of us was aware of anything about that.”
Megan was asked by authorities to take a polygraph but she said she was unable to do so because she was pregnant.
Megan ended up being arrested for filing false reports on February 25, 2020.
Police searched a pond in Wilkesboro, North Carolina on February 26. The property belonged to William McCloud’s grandmother, Mary.
On February 27, 2020, police started searching the area where Megan and Evelyn had lived.
Authorities also confirmed that Megan was not pregnant.
By that point, the TBI had received over 700 tips in the case.
On March 6, 2020, police found human remains in a shed on a property on Muddy Creek Road in Blountville. The property was owned by Tommy Boswell Sr.
The remains were dressed in clothes that matched the description of what Evelyn was last seen wearing.
After the discovery, authorities increased Megan’s bond amount to $150,000. “We thought it was appropriate under the circumstances to file a motion to increase bond and to have a hearing as soon as possible,” said Sullivan County District Attorney General Barry Staubus.
“Every time we talk to her, her story changes,” Sullivan County Sheriff Jeff Cassidy told reporters after her arrest. “And I’m serious about that. Every single time.”
TBI Agent Brian Fraley spoke about finding the remains during Megan’s bond hearing.
“There was a body. Of a child, possibly a year, year and a half old,” Agent Fraley said on the witness stand.
He confirmed the age, size, and characteristics of the body matched the description of Evelyn.
“What else was found there?” asked the attorney general.
“The clothing, with the prior interview of Ms. Boswell, the clothing described in that interview was the exact clothing that was found on this child,” said Agent Fraley.
“What else was found there?” the DA asked again.
“There was various… various child clothing, diapers, toys. That kind of thing. That would have belonged to the child,” Agent Fraley said.
Agent Fraley also said that he found Evelyn’s remains in a trash can and that her leg and foot were sticking out.
In an interview following the court proceedings, the DA confirmed what the agent had said.
“Clothing was found. It was consistent, matched the clothing that the defendant said the child was wearing.’
A news agency contacted Megan’s father, Tommy. He said he would not be posting bail for her.
On March 11, 2020, the TBI confirmed that the remains belonged to Evelyn.
“We have a sad update to pass along in our ongoing search for answers in the death of 15-month-old Evelyn Boswell. Remains found on Friday evening have been confirmed to be those of the little girl.”
Ethan Perry also released a statement at that time. “Our focus has always been Evelyn and now on the investigation and bringing all of those responsible to justice. We have complete faith and confidence in law enforcement to do just that.”
The Boswell family released a statement on March 12:
The statement said, “The immediate Boswell family (excluding Angela Jones Boswell ) of Evelyn are in anguish and grief over their loss. It has been a very rough and trying time for everyone. At this time they do not want to speak publicly in regards to the tragedy. They are still trying to process what has happened. They ask for media and the public to respect their wishes. They need more time to grieve, privately.”
On August 19, 2020, Megan was charged with two counts of felony murder.
She was indicted on 19 charges, including:
Two counts of felony murder
Aggravated child abuse
Aggravated child neglect
Tampering with evidence
False reporting
Abuse of a corpse
Failure to report a death
Her bond was set at $1m.
This was a very slow case to progress. It all happened during peak covid time, which likely didn’t help.
“I have not been able to speak with her recently, there have been some COVID issues at the jail,” her attorney Brad Sproles said. “So, we’re somewhat limited in our ability to talk to folks up there. But I’ve spoken with some of the sheriff’s officers and in the next few days they’re going to try to make arrangements maybe where I can talk with her by video.”
In 2022, TBI Special Agent David Gratz testified that Megan told him Evelyn died after her boyfriend Hunter rolled onto her while they were sleeping.
“She said she was aware Evelyn was dead,” Agent Gratz said.
We also learned some more information then about where Evelyn was actually found. Agent Gratz said her remains were found in an old playhouse of Megan’s.
We only learned Evelyn’s confirmed cause of death in 2022. Dr. Darinka Mileusnic-Polchan, a forensic pathologist, said that the cause of death was asphyxia in four places, ruling her death as a homicide.
The doctor refuted that statement that Megan had made about the cause of death, saying Evelyn was too old at the time of her death to have died in such a manner, and the environment was not conducive to that type of death. According to the doctor, there was a “mechanical obstruction” to Evelyn’s airway in the form of foil, and a blanket had been tightly wrapped around her head.
Evelyn had been placed in a trash can and left to die, and the doctor said this was another form of asphyxiation.
Photos of the remains were shown in court and this upset Megan. She appeared to cry during proceedings.
The doctor explained that the photos showed Evelyn’s positioning in the trash can. Her body was placed in such a way that it caused further asphyxiation. She described the way in which the toddler was placed as an “unnatural folding of the body.”
The doctor also described some of the photos as showing a blanket wrapped tightly around Evelyn’s head. She also explained that due to maggot activity and decomposition, it was unable to determine if blunt force trauma was a factor in Evelyn’s death but that her skeleton did not show damage.
Megan’s trial date was first set for September 2022, but that did not happen.
The trial finally started on February 5, 2025 in Sullivan County, Tennessee. It ran for a week. Prosecutors were seeking life in prison without parole for Megan. In covering the trial, we have picked out the main points to cover. Sources such as WJHL and Court TV have videos and very comprehensive coverage if you want to learn more. We have attempted to pick out the main parts that are pertinent to the story and the eventual outcome.
https://www.courttv.com/news/baby-evelyn-murder-trial-disturbing-exhibits-and-key-players/- crime scene photos
After jury selection was complete, the state began their case by saying that Evelyn would now be 6 years old if she was alive.
Prosecutor Amber Massengill said of Megan “She failed her in the worst possible way. Months pass. We’re not talking about weeks. We’re talking about two and a half months the child is missing.”
We also learned very early on in the trial that Ethan was not Evelyn’s biological father.
“The defendant’s biggest believable story that really is probably what kept the family from reporting earlier is she was saying that Evelyn was with her father, Ethan Perry,” Amber said. “And you’ll hear a lot about Ethan Perry, and you’ll get to hear from Ethan Perry yourselves. Ethan Perry is actually not Evelyn’s father, but Megan led him to believe that he was the father.”
The prosecution alleged that after Evelyn died, Megan started dating her boyfriend and she went on trips with him. “All while her child is upside down, decaying in a trash can,” Amber said.
Several jurors were seen to cry during opening statements.
During their opening statements, the defense claimed that the state’s theory ‘is reasonable doubt in and of itself.’ “They don’t know what happened. They don’t know how the child died, and they can’t prove how the child died.”
Megan’s attorney Gene Scott spoke about how they believed Evelyn had died. “What the state hasn’t talked to you about is the possibility of what if this was accidental,” he said. “What if Megan or Hunter Wood rolled over the child in the bed.”
He also spoke about Megan’s age and immaturity being the reason as to why she did not report the ‘accidental’ death and why her stories frequently changed.
“I would certainly call 911, but I’m not 18-years-old,” he said. “Did she lie to the police? She absolutely lied to the police. I’m not contesting that,” he said. “So she said, again, an 18-year-old girl, scared to death, talking to a TBI agent, talking to a police officer and trying to explain this. She doesn’t want to get in trouble. It doesn’t mean she murdered her child. It doesn’t mean she killed her child.”
TBI Agent Brian Fraley was the first witness called by the state. He spoke about the search and investigation into the case. He confirmed that Megan gave multiple different accounts of where Evelyn was.
He spoke about finding Evelyn’s remains. This info about his testimony is from WJHL:
Several of the photos depicted Evelyn in a state of partial decay among trash as she is removed from the trash can, Fraley testified. He said aluminum foil appeared to be wrapped around her head, which was “in a backwards position” and situated “abnormally.” He also pointed out several insects in the photos that could be seen among the trash.
He said the foil around her head appeared to have been formed around her. It did not take long to remove the foil from her head, Fraley noted.
He described finding bodily fluids consistent with a decomposing body. Additionally, Fraley said investigators removed a fleece blanket and a onesie that Evelyn had been wearing.
Megan cried in court as the photos of Evelyn’s body were shown.
On day two, the court was shown a video that was taken on February 25, 2020. In it, Megan spoke about waking to find Evelyn not breathing. She said Evelyn’s eyes were open but were not bloodshot or bruised. She also said Evelyn was not cold when she found her. Megan said that she attempted to give the baby CPR but failed.
In that interview, Megan told police that her boyfriend had taken Evelyn’s body and that she did not know what he had done with the remains.
She told them that she had wrapped Evelyn’s body in a blanket as she ‘didn’t want her to be cold.’
Agent Fraley testified again on day two and answered questions about how Evelyn was found and about the investigation.
Over a dozen witnesses were called during the trial. Many of them gave similar statements about the investigation and evidence so we are going to attempt to summarize the most important testimonies.
The first witness was Tommy Boswell Sr, Megan’s father and Evelyn’s grandfather. Tommy spoke about Megan’s childhood. He also spoke about their living situation at the time that Evelyn disappeared. He said that he had been supporting Megan financially at the time.
Megan and Evelyn lived with Tommy for a few months. He said Megan did not clean up or contribute anything to the household, so he asked her to leave.
He said that Megan went to live in a trailer park that is owned by their family. Megan was given a trailer and did not have to pay any bills.
Megan moved in with Hunter Wood at one point, and Tommy told her that she needed to move out of the trailer so that it could be rented out. He said the trailer required heavy cleaning after she left and part of the floor needed replacing.
He met Hunter for the first time after Christmas 2020. He said Evelyn was not with them at the time and Tommy found that strange. Megan told him that the child was with Ethan.
Tommy gave evidence about the area where Evelyn’s body was found.
The second witness was Austin Feller. Austin lived at the same trailer park as Megan did in 2019. He was living at the park for free as he was doing maintenance there. He spoke about the state of Megan’s trailer when she left. He described dirty diapers, feces on the ground, waste in the fridge and oven, and other manners of filth being inside. He said he had been forced to use a respirator to enter the trailer due to the stench.
Austin took photos of the trailer and was asked in court why he did so. “Just cause it was the worst thing I’ve ever seen,” Austin said. He told the court he sent the photos to Tommy Boswell and others to show the state of it.
The third witness was James Lewis, a supervisor with DCS. James spoke about the referral he received to look into Evelyn’s whereabouts. He testified that when he asked Megan where the child was, she said that Evelyn was with Ethan. Megan did not give DCS any way to contact Ethan. Megan told James that she did not have a crib or any child related items as they were ‘elsewhere.’
Megan told DCS that she and Ethan had broken up in November 2019. “I don’t know what’s going on, and I want to know what’s going on,” she said in the interview.
The next witness was Casey Saults. Her parents had been Megan’s foster carers. Casey worked at one point at a pediatrician office and said that Megan had taken Evelyn there for wellness visits. She testified that Evelyn was not taken to her 12 month pediatrician appointment. Casey reached out to Megan via Facebook messenger and asked why they did not attend. Megan said that she had gotten the dates mixed up. Casey rescheduled the appointment and Megan claimed that she was working on the new date.
Megan would eventually tell Casey that she was switching to a closer pediatrician.
Dr Barbara Pugh was next to testify. She is now a retired pediatrician, who had 37 years of experience. She was Evelyn’s pediatrician. The doctor said that Evelyn attended visits regularly and the last one was in October 2019, when she was 10.5 months old. Evelyn was said to be healthy and advancing well at that point.
Another friend of Megan’s, Bailey Hawkins testified. Bailey said that before Thanksgiving 2019, she never saw Megan without Evelyn. In texts between the friends in December 2019, Megan spoke about her relationship with Hunter. She also told Bailey that Evelyn was with either her grandmother or Ethan’s grandmother. Megan told her that Ethan was trying to get some type of custody of Evelyn.
Bailey spoke about a text exchange on December 23, 2019, where Megan told her Evelyn was ‘doing good.’
Evelyn also told Bailey that she was pregnant. Bailey repeatedly asked to see Evelyn and Megan would always make excuses. She said that by the end of January 2020, she was worried. Megan was no longer posting photos of Evelyn and would only talk about her if someone else brought her up.
After Evelyn was reported missing, Bailey asked Megan why she had not told her. Megan said that she was worried that whoever had Evelyn would do something to her.
On day three, the defense called for a mistrial. This happened after the DA’s office showed a piece of evidence with an error on it. The evidence, a picture of messages between Megan and a witness, included additional wording that was the result of the prosecution copying over text to a different format.
The DA’s office argued that it was just ‘human error’. The judge said that he would not call a mistrial.
Bailey Hawkins took the stand again on day three. She was cross-examined and said that she did not notice any signs of abuse on Evelyn.
Katelyn Carter, another friend of Megan’s, was called. They met in middle school and reconnected with Katelyn when she was in college. Katelyn met Evelyn 4 or 5 times and said that Megan and the child were typically together.
She saw them last in early December at a Chili’s restaurant. Katelyn said she could tell that Evelyn was dirty and smelled.
Megan sent Katelyn photos of herself and Hunter at an aquarium without Evelyn.
Megan told her the child was with Ethan. Megan also told her that Ethan had claimed emergency custody. “She said that Ethan had saw photos of Evelyn with bruises on her forehead,”
Megan’s foster mother Gail Kyte, was the next witness. Gail said that Megan was 17 years old and seven months pregnant when she went to live with their family. Gail confirmed that Evelyn was developing well and that Megan took Evelyn to all necessary appointments.
Gail said that her sister Sue Whitson babysat for Megan a few times.
In late December 2019, Megan told Gail that Evelyn was with Ethan and that they were splitting custody. She said Megan did not seem upset or concerned. Megan also contacted Gail in January 2020 and said that Evelyn was doing well.
Sue Whitson, Gail’s sister also testified. She said that the last time she babysat Evelyn was in December 2019. Sue said Evelyn was a very healthy baby. She did say that Evelyn once had a horrible diaper rash. “I’d never seen a diaper rash look that bad,” she said.
Each time Evelyn was dropped off, Sue said the child was dirty. She also told the court that Evelyn would smell of urine when she was left with her.
The next witness was Erica Stacy. Megan had dated her son Caleb in Spring 2019.
Erica spoke about giving Megan some clothing for Evelyn. She made a birthday shirt for Evelyn’s first birthday. Around that time, Megan said that Evelyn was “mean as [expletive],” which shocked Erica.
In January 2020, Megan told Erica that Evelyn was with Ethan. She described Megan’s demeanor as happy.
The next witness was Randy Wood, the father of Hunter Wood. He said he first met Megan when she applied for a job at his business, Hunter T’s Chicken Shack. Megan started working there on December 2, 2019. His son Hunter also worked at the restaurant.
Randy told the court that Hunter was unable to testify due to his mental health issues and that he has been in a facility for two months. Randy said his son’s mental problems began “when he got accused of being a baby killer.”
Hunter has since been diagnosed with schizophrenia. Randy said that his son does sometimes not recognise his family.
“He talks about things,” Randy said. “You know, you sometimes you don’t really know what he’s talking about. I mean, I don’t know how to put it; it’s just, it’s sad. I mean, this young man was a 4.0 student in school, now he’s – you know, I don’t know if he’s ever going to function in his life again.”
Ethan Perry also testified. He spoke about dating Megan for years. Megan told Ethan that she was pregnant in Spring 2018. He said that he believed at first he was the father, but soon began to doubt it.
Ethan did not have much contact with Evelyn and only met her in 2019, when she was ‘toddling.’
Ethan said that he was surprised when DCS reached out to him in February 2020. He said he was asked by investigators from Tennessee and within the Army about Evelyn’s whereabouts. Ethan said he cooperated with investigators fully and was submitted to a full search of his barracks and belongings and was interrogated for hours.
A DNA test was performed and it was determined that he was not Evelyn’s biological father. He reiterated to the court that he only ever saw Evelyn during the one visit. He said she seemed clean and healthy.
Ethan’s grandfather Carl Perry took the stand. He basically confirmed everything that Ethan said and gave some general info about the situation.
Lieutenant Michelle Gilliam of the Sullivan County Sheriff’s Office took the stand next. At the time of Evelyn’s murder, she was working in the Criminal Investigation Division, specializing in child cases. The lieutenant said that some of Megan’s stories did not add up or make sense.
Megan told the lieutenant that Ethan had Evelyn since Christmas Day.
When asked where Evelyn was, Megan replied ‘I have no clue.’ “You seem totally unphased by this,” Lt Gilliam said in the interview.
Lt Gilliam also spoke about the shed where Evelyn was found. She described seeing several baby items scattered about, including stained baby clothes, bibs, toys, diapers, dirty baby bottles, a stained baby blanket and a stained child’s swing.
Other members of law enforcement testified and spoke about They all recounted the differing stories that Megan had told them about where Evelyn was and the circumstances surrounding her disappearance and death.
On day five, TBI agents continued to testify. Agent David Gratz spoke about evidence found at the scene where Evelyn’s body was found.
The court had to have a recess as a juror felt ill due to the smell coming from the evidence that was presented.
Jay Quaintance, News Channel 11’s news director as well as Keith Weiss, news director of WCYB TV were called to the stand. Jay spoke about interviewing Megan and recalled what she had said about Evelyn. Megan told the media that Evelyn was sweet and loved everyone, and that she loved Baby Shark.
“I just want her back that’s all I want,” Megan said in one interview.
On day six, Paul Durant, special agent with the FBI was called. His role in the case was to review interviews, notes and digital devices. He told the court that he had extracted evidence from around 30 phones and 20 computers over his career.
Paul got information from Megan’s cell phones and also executed social media warrants on her accounts.
He told the court about Megan’s communications. This info is from WJHL:
In the later messages, Boswell tells the woman that she is struggling to pay her for something due to an ongoing custody battle with Evelyn’s father.
In a Jan. 13, 2020 conversation with Ashley Rosenbalm, Boswell claimed she lost custody of Evelyn to Ethan Perry, who was previously thought to be Evelyn’s father.
In a Jan. 26, 2020 conversation with Christopher Hall, Boswell told Hall that Evelyn is doing good but is “mean as [expletive]” and claims Evelyn hates her.
Messages between Megan and her boyfriend Hunter where they talk about the case were also discussed in court.
The court had to have a recess as a juror felt ill due to the smell coming from the evidence that was presented.
Jay Quaintance, News Channel 11’s news director as well as Keith Weiss, news director of WCYB TV were called to the stand. Jay spoke about interviewing Megan and recalled what she had said about Evelyn. Megan told the media that Evelyn was sweet and loved everyone, and that she loved Baby Shark.
“I just want her back that’s all I want,” Megan said in one interview.
On day six, Paul Durant, special agent with the FBI was called. His role in the case was to review interviews, notes and digital devices. He told the court that he had extracted evidence from around 30 phones and 20 computers over his career.
Paul got information from Megan’s cell phones and also executed social media warrants on her accounts.
He told the court about Megan’s communications. This info is from WJHL:
In the later messages, Boswell tells the woman that she is struggling to pay her for something due to an ongoing custody battle with Evelyn’s father.
In a Jan. 13, 2020 conversation with Ashley Rosenbalm, Boswell claimed she lost custody of Evelyn to Ethan Perry, who was previously thought to be Evelyn’s father.
In a Jan. 26, 2020 conversation with Christopher Hall, Boswell told Hall that Evelyn is doing good but is “mean as [expletive]” and claims Evelyn hates her.
Messages between Megan and her boyfriend Hunter where they talk about the case were also discussed in court.
Law enforcement agents also spoke about the analysis of blood and DNA that was found at the scene.
Dr Matrina Schmidt, a forensic pathologist, testified about going to the scene to help remove Evelyn from the trash can. She told the court that after the autopsy, she determined Evelyn’s cause of death to be ‘homicidal violence.’
The doctor also said positional asphyxiation could have occurred as Evelyn was placed upside down in the trash can. She also said that being wrapped in the blanket could have caused asphyxiation.
The doctor told the court that she had performed around 3,600 autopsies in her career and that it was her opinion that Evelyn did not die in a co-sleeping incident as alleged by Megan.
During the autopsy, it was discovered that Evelyn had a heart defect, but the doctor ruled that out as the cause of death.
The doctor told the court she was unable to determine if Evelyn was still alive when she was placed into the trash can but that she believed the child had been alive.
Dr. Darinka Mileusnic-Polchan, who we mentioned earlier, also testified. She said that it was her opinion that Evelyn’s cause of death was asphyxiation by homicide. She said that she agreed with Dr Schmidt’s determinations in relation to the causes of death. This doctor went into more detail about how the manner in which Evelyn was placed into the trash can would have caused asphyxiation. She said it was clear that Evelyn had been intentionally tightly wrapped up and that her body had to be ‘unfolded’ in order for an autopsy.
On February 12, both sides rested their cases. Megan never took the stand.
Her attorney spoke about the reasoning for that.
“We gave it a lot of thought and at one point were leaning toward doing it,” Gene Scott said. “But after the medical examiners testified yesterday, I don’t feel the state’s proved their case at least as the cause of death, and we don’t feel it was necessary.”
Gene also moved for a judgement of acquittal and went through the info with the judge, without the jury in the room.
“As it relates to the first three homicide counts, the state has failed to prove the cause of death, which is required to be proven beyond a reasonable doubt,” Gene said. “I understand the burden here is that the state has to prove it in a light most favorable to the state, the court has to look at it from that standpoint.”
The judge denied his request and ruled that the jury should make a verdict on all of the charges that Megan was facing.
During the state’s closing arguments, Amber Massengill spoke about how Megan had ‘ essentially mummified’ Evelyn and had thrown her out with the trash.
“Evelyn mattered. She deserved to grow up,” Massengill said.
She reiterated the prosecution’s stance that Boswell alone was to blame for Evelyn’s death.
“She failed her daughter,” Massengill said.
Massengill said there would be parts of the case that would likely never be known but that there was enough evidence to prove beyond a reasonable doubt that Boswell was guilty.
“Megan Boswell should not be allowed to go on as if Evelyn never existed,” Massengill said.
The defense spoke about how there were no signs that Evelyn was ever abused prior to her death. Gene Scott also tried to play up Hunter’s role in the crime. “I’m not saying Hunter killed that child, but I’m saying he did dispose of the child.”
“Should she have called and reported it? She absolutely should have. I told you that in my opening statement,” he said. “Have they proved that she’s a liar over and over? They have. I won’t deny that. They haven’t proved she’s a murderer.”
“I don’t have to prove this case,” Gene said. “I wish I could, but I can’t. You can’t prove a negative. What I can tell you is the state has not proven their case. They’ve not proven the cause of death. They’ve not proven that the death was an unlawful killing as opposed to an accident or rolling over in the bed, an accident or some kind of health-related issue. They haven’t proved that.”
On February 13, the jury returned with their verdict. They had deliberated for around 4.5 hours after the closing arguments. Megan was found guilty on all three first-degree murder charges she faced in the death of Evelyn. She was also found guilty on all her other charges, including aggravated child abuse and aggravated child neglect.
The sentencing phase of the trial bega. Angela Boswell testified and spoke about Megan’s troubled childhood.
“These problems, do you feel that is partly your fault, the problems Megan’s experienced?” Gene Scott asked Angela.
“Absolutely, yes,” Angela said.
Megan’s foster mother also testified and spoke about Megan being a great mother. She said that she did not think Megan was ‘irredeemable’ and that she deserved a chance for parole.
Megan chose again not to testify during the sentencing phase.
The jury ended up deciding on a sentence of life in prison with the possibility of parole. This means Megan will serve 51 years before she is eligible for parole.
After the sentence, Megan’s attorney asked the court to dismiss the charges or to grant her a new trial.
“There was insufficient evidence in the record to support the Defendant’s convictions for first degree murder, 2 counts of felony murder, aggravated child abuse, aggravated child neglect, tampering with evidence, 11 counts of false reports, abuse of corpse, and failure to report a death under suspicious, unusual or unnatural circumstances,” the motion reads.
A legal professional has spoken about what is next for Megan.
“She appeals to the Court of Criminal Appeals and then the Supreme Court. That’s the once that’s done, she’s got ineffective assistance of counsel, and that’s about it,” Johnson City defense attorney Chris Byrd said. “It’s not all the things that are built in with like a death penalty claim or a death penalty sentence that all the appellate protections that you have are not there.”
SOURCE LIST
https://www.yahoo.com/news/megan-boswell-tennessee-mom-trial-172405970.html
https://www.wjhl.com/search-for-evelyn/megan-boswell-murder-trial-begins-with-opening-statements
https://www.wjhl.com/search-for-evelyn/boswell-murder-trial-resumes-with-hopes-to-clear-legal-issue
https://www.wjhl.com/search-for-evelyn/megan-boswell-murder-trial-picks-back-up