Murder trial begins final phase: DNA evidence cannot place defendant at crime scene

McKINNEY -- The prosecution and defense rested Wednesday in the Terrance Black murder trial, and the case should be in the hands of the jury by Thursday afternoon.

Black, 50, is accused of the April 19, 2011 murder of Susan Loper, his ex-girlfriend. At the time of her death, Loper, 40, was a Pilates instructor at Gleneagles Country Club. Loper was reported missing from Gleneagles early on April 19 and was found dead in a Frisco field about 24 hours later.

The last two days of testimony focused heavily on DNA evidence. On Tuesday, Tricia Kacer, a DNA analyst with the Texas Department of Public Safety, testified that Black's DNA was found in the victim's vehicle. The DNA was found on the gear shift and headrest of Loper's Toyota RAV4, but Kacer added there was no way to know how long the DNA had been in the vehicle.

While Black's DNA was in the victim's vehicle, DNA evidence cannot place him at the crime scene or with the victim the morning of the murder. Kacer testified that Black's DNA was not found on the clothing Loper was wearing when she was killed, nor was it found inside the Gleneagles Pilates studio or in the field where her body was located.

Defense attorney Jim Burnham asked Kacer if blood from the crime scene, an area described as significantly bloody in earlier testimony, was found on Black's clothing or in his vehicle. Kacer said it was not, adding that blood, especially when it is wet, is very easily transferred. Loper's blood was also not found inside Black's Frisco residence.

The inability to place Black at the crime scene was mentioned several times by Burnham, who has said throughout the trial that police had "tunnel vision" and settled on his client too early in their investigation. He accused Plano PD detectives of ignoring other potential suspects, including Loper's boyfriend at the time of her death, Jayson Hayes.

The defense also hammered home the point that several pieces of evidence were not tested for DNA, including unknown hairs found on Loper's clothing that Burnham said could have helped identify the real killer and prove Black's innocence. Kacer denied the lab and Plano PD were trying to pin the crime on Black, as Burnham suggested to the jury. Kacer said decisions on testing are typically made by the analysts and detectives, but added that budget constraints are one factor that is taken into consideration when determining which pieces of evidence are tested for DNA.

Scott Epperson, the lead detective on the case, told the jury the investigation focused on Black because that is where the evidence led him. He said several of Loper's friends and family members mentioned Black's name within hours of her being reported missing. One of the people to mention Black's name to police was Hayes, Epperson said.

Several other people were initially investigated, including ! Loper's ex-husband Craig Loper, but they were quickly ruled out, Epperson said.

"It seemed like Jake (Craig and Susan's son) was always at the center of his concern," Epperson said. "[He was worried about] what was best for Jake. From his interview I could tell that he had that in mind. There was no motive to want her dead. She was his life insurance beneficiary. I couldn't find any reason why he would want to kill her."

Hayes has been the subject of much defense finger pointing throughout the trial. One of Hayes' fingerprints was located at the scene of the crime. While several Gleneagles employees said they had never seen Loper bring men to her studio, Hayes testified he had been at Gleneagles 15-20 times, including on April 12, one week before the murder.

Electronic records from Hayes' job as a pharmaceutical sales representative also seem to provide an alibi. The records show that Hayes was in Burleson at 8:02 a.m. the day Loper was murdered, less than two hours after police say her body was dumped in a field. The records were corroborated by Dr. Burlyn Nelon, the Burleson physician Hayes met with that morning. Nelon testified Hayes was not acting strange during their visit.

"In an investigation like this you look at the men most closely associated with the female victim," Epperson said, adding Hayes made himself available to police whenever they asked and was never formally considered a suspect. "I didn't have probable cause to take his hair, saliva and fingerprints, but he gave it voluntarily."

While a potential alibi has been established for Hayes by the prosecution, defense witness cast some doubt on whether it was impossible for Hayes to be in Plano at the time of the murder and Burleson at 8:02 a.m. Using data presented earlier in the trial, Hayes would have had 84 minutes to complete the trip.

Cami Sandiford, a Denton-based private investigator with Hop To It Investigations and former police officer in The Colony, testified she drove two separate routes fro! m the Gle! neagles area to Nelon's office in Burleson, with elapsed times of 73 and 93 minutes. The 93-minute route avoided all toll roads and included about 10 minutes worth of delays due to traffic and an accident, Sandiford testified. The 73-minute route utilized the President George Bush Turnpike and had no delays, resulting in the quicker time.

"I believe you can make it in the allotted 84 minutes based on my experience, the drive I took and the possibility that TollTags were not in place at the time," she said. "There are so many variables that we don't have. I believe you could make it from the Parker exit at the Dallas North Tollway, to 2525 Preston Road (where Loper's vehicle was found) and then to Burleson in 84 minutes."

Under cross-examination, prosecutor John Schomburger questioned Sandiford about her journey and attempted to cast doubt that Hayes could have made the trip. He mentioned that the killer would have likely had to clean up after the crime, and also would have been cutting it very close if any unexpected delays would have occurred during the trip. He also pointed out that she didn't video tape her two drives.

Sandiford, however, would not comment on what Hayes' likely behavior was after the murder.

"People who commit those run the gamut of behaviors afterward," she testified. "It could be unusual (for Hayes to not be acting strange at Nelon's office), but I have had a lot of circumstances have been the norm in a homicide."

As far as the motive for the murder, Epperson said he believes Loper was killed by someone who knew her, partly because of the brutality and also because there was no other apparent motive.

"I don't think robbery was the motive," Epperson told the jury Tuesday. "The way her body was displayed may led someone to believe she was sexually assaulted, but there was no indication of that. It didn't seem random to me from the investigation. ... The damage to her that you saw was catastrophic, over-the-top violence not necessary to kill her. It! went bey! ond that."

During the defense's portion of the trial on Wednesday, forensic pathologist Vincent Di Maio testified that he didn't believe the murder weapon, which was not recovered, was the Ruger P95 pistol purchased by Black in 2010.

"No, in my opinion, and in all medical probability, the injuries on the head are not due to being beaten by a handgun such as [the P95,]" Di Maio testified. "The lacerations [on the skull] tend to be longer, about an inch-and-a-half. They have a relatively sharp edge which is suggestible with [being beaten with] a heavy piece of metal."

Di Maio said he could not identify a specific murder weapon, but he ruled out the pistol. Schomburger got Di Maio to admit some of the wounds could have been caused by a pistol, but still ruled out a pistol being responsible for the "gaping wounds."

Closing arguments will begin Thursday at 8:30 a.m., and the case should be given to the jury for deliberations by lunch. The jurors will be sequestered during their deliberations.

Read More @ Source

Criminal Stories Here