Defense offers no witnesses

The defense attorney told jurors to look at a previously undisclosed letter.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- In a surprising move, the defense in the David Jenkins murder trial decided not to present witnesses, sending the jury into its deliberations.
Jurors began their task after lunch, working until 4:30 p.m., and are to return this morning to the Trumbull County Common Pleas courtroom of Judge Peter Kontos.
If convicted of strangling his wife, Deana, the former Warren G. Harding High School girls basketball coach would face a prison sentence of 15 years to life.
Assistant Prosecutor Chris Becker, in closing, emphasized Jenkins' motive for killing his wife, his disappearance for more than an hour between 6 and 7 p.m. May 20, 2004, "crazy inconsistencies" of his stories to friends, and the believability of Jenkins' daughter.
Defense attorney J. Gerald Ingram countered on points missing from the state's case, such as additional proof that Jenkins had a scratch on his nose, and a previously unmentioned letter in Deana Jenkins' purse.
"Who else in this case has a motive to kill Deana Jenkins?" Becker asked rhetorically, reminding the jury of the numerous accounts friends and relatives gave of her telling her husband the night before her death that she was leaving him soon.
Letter in purse
Ingram dropped a bombshell when he instructed the jury to look inside Deana Jenkins' white purse once they are alone in the jury room and see the two-page letter inside regarding a purported lover.
"Deana was in the process of, or had just jilted someone else, so we know there is someone else out there who has a motive," Ingram said, making the first reference to the letter.
Ingram had earlier questioned Warren police as to whether they had inventoried the purse -- and officers said they had not.
"I submit to you that the defendant told so many stories to so many people in the course of the testimony that you don't know what to believe," Becker said.
He said Jenkins told friends that he and his wife made love May 19. Jenkins' niece, Terri Harvey, however, testified of Jenkins' complaining of her interfering with that by being at the residence that night.
Becker highlighted testimony from Desirae Jenkins that her father told her he was headed to the Rebecca Williams Community Center at 5:30 p.m. but that he had gone home instead. Jenkins was a recreational supervisor at the center.
The prosecutor also recounted how Jenkins told friends of being the one who first pulled the body out of a closet, whereas witnesses at the scene said Jenkins' son, Durrell, was.
Becker said Alfie Burch testified he saw David Jenkins at 7:02 p.m. at the Rebecca Williams center and that was the first time anyone had seen him for more than an hour.
Unexplained
Friends arrived at the Jenkins home around 8 p.m. and heard noises coming from inside. They saw Jenkins emerge alone, and the purse was discovered in a trash can out back, Becker said. But none of the money, checks, driver's license or valuables was missing from it or the inside of the house.
"Does this sound like someone stalking her? Someone from work?" Becker asked. Mrs. Jenkins worked for the Trumbull County Child Support Enforcement Agency.
Both lawyers discussed the testimony of Desirae Jenkins. She said her father had a scratch on his nose at around 7 p.m. when he picked her up to take her shopping.
"Do you really disbelieve Desirae Jenkins?" Becker asked the jury.
Earlier Ingram denied that Jenkins had such a scratch, asking why police never showed a photo or testified to seeing it.
"There is no photo because there is no scratch," Ingram said, adding that two of Deana Jenkins' best friends also didn't mention a scratch.
It is obvious that DNA evidence should have been found on a necklace around Deana Jenkins' neck when her body was found, Ingram said, because the "D" on it was pressed into her neck enough to leave an impression. The DNA expert who tested the necklace, however, testified he did not find David Jenkins' DNA on it.
Duct tape
Ingram said evidence showing Deana Jenkins' hair on duct tape found in a kitchen garbage can has nothing to do with this case. He said he believes she simply threw the tape away.
Becker said two of David Jenkins' friends testified that Jenkins told them he went after more duct tape when he left his house around 6 p.m. May 20 -- and that is why finding the tape is important.
"Who throws away a whole roll of duct tape?" Becker said.
Ingram similarly asked what relevance the plastic tarp in the garage -- which was tested by the Ohio Bureau of Criminal Identification and Investigation -- might have. "Apparently we are being told David is going to place her on the tarp," Ingram said.
Becker said some items are tested and don't produce evidence.
runyan@vindy.com