Prosecutors in a double homicide trial concentrated on contradictory accounts from a rural Shawano man about the day his ex-lover and her brother were slain in 2009, a love-affair diary his mistress allegedly kept and the use of marijuana as loan repayment.
Assistant Attorney General Richard Dufour on Wednesday recalled two investigators to testify in the trial of Daniel Schmidt, 30, who faces life in prison for the murders of Kimberly Rose, 32, and her brother Leonard Marsh, 22, at their Gillett home. Dufour contended Schmidt committed the crimes because he wanted to repair his marriage and keep his ex-mistress from telling police about his marijuana grow.
In Oconto County Court, Dufour played video and audio recordings of Schmidt’s interviews with investigators. In a September 2012 interview, Schmidt said he drove toward Clintonville on the morning of the murder to return farming equipment he borrowed, but turned around in Embarrass instead and returned home.
This conflicted with 2009 accounts, when he said he was picking up the equipment, testified Keith Johnson, investigator with the Oconto County Sheriff’s Department,
“He talked about not having an alibi,” said Johnson, who questioned Schmidt about the crimes.
Johnson said he did not press Schmidt about the the conflicting accounts, “because it was just another inconsistency in his statements he had given us.”
Defense attorney Bradley Schraven said the 2012 interviews were three years after the homicide, and Schmidt’s memory was not as sharp.
“It was pretty clear in that interview that he had indicated he was having trouble remembering things at that point, that far along,” Schraven said.
According to testimony in the case, Schmidt and Rose had an affair from October 2008 to February 2009, when Schmidt was married. Rose loaned Schmidt $1,000 to purchase a motorcycle, and Schmidt repaid her $275—$200 cash and $75 in marijuana, Johnson testified.
Schmidt had a marijuana grow operation at his residence and acknowledged using it to repay the loan, Johnson said.
In a clip shown to the jury from September 2012, Schmidt told investigators firewood was delivered to Rose to repay the loan, and he denied paying it back with marijuana. According to testimony, Rose complained the marijuana did not cover the payment and threatened “payback.”
The jury also viewed clips of an interview in which Schmidt talked about a journal written by Rose that reportedly included graphic details of their sexual relationship.
Stephanie Schmidt, Daniel’s wife, wanted to read the entries and planned to go to Rose’s home May 21 to see the diary, according to the testimony.
Forensic pathologist Dr. Mark Witeck also testified Wednesday, saying a shotgun was used to kill Rose and Marsh, based on their wounds and pellet fragments found at the scene. Prosecutors allege that Schmidt owned a .20-gauge shotgun at the time of the murder, which they believe was the murder weapon.
Schmidt told investigators he sold the gun along with a boat, but his defense attorney acknowledged this was a lie.
Schmidt’s trial began with jury selection Friday and opening arguments Monday. The state called 25 witnesses over a three-day period, and the defense was scheduled to call about a dozen individuals. Testimony is expected to end Thursday, and the jury will begin its deliberation.
Categories
