THE THIRTY-SIXTH ANNUAL IOWA HIGH SCHOOL MOCK TRIAL TOURNAMENT 2018 STATE OF IOWA DEVIN EMERSON

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1 THE THIRTY-SIXTH ANNUAL IOWA HIGH SCHOOL MOCK TRIAL TOURNAMENT 2018 STATE OF IOWA V. DEVIN EMERSON A program of The Iowa State Bar Association Center for Law & Civic Education In cooperation with the Young Lawyer s Division Of The Iowa State Bar Association With generous financial support from The Iowa State Bar Foundation - 1 -

2 IOWA HIGH SCHOOL MOCK TRIAL TOURNAMENT 2018 STATE OF IOWA V. DEVIN EMERSON Original Case Materials Developed for South Carolina Bar Law-Related Education Committee 2016 Case Adapted for Iowa High School Competition Use By: The Iowa State Bar Association Center for Law & Civic Education 625 East Court Avenue Des Moines, Iowa Many thanks to the South Carolina Bar Association and its Law-Related Education Committee Mock Trial Program for permitting use and adaptation of the original case material and especially to Barbara Seymour, the original author of the problem, and Cynthia Cothran, SC Bar LRE Director

3 CASE MATERIALS Table of Contents THE PROBLEM Statement of Facts...4 Stipulations...5 Trial Information...8 IOWA CODE..11 JURY INSTRUCTIONS WITNESS STATEMENTS For the Prosecution Mel Herman Nat Hawthorne Sidney Alcott-Walden For the Defense Devin Emerson Jaylen Whitman Parker Putnam EXHIBITS Exhibit No. Exhibit Description 1 Property Sketch of Emerson Homestead 2 Photo of Lighter Fluid Container 3 TV Listing for October 15, All Souls Church Weekly Collections for 10/15/17 5 Emerson Bible Family Tree Photo 6 Evidence Photos: Burn Pile, Purse & Contents, Skillet 7 Evidence Photos: Shoes, Soles, Shoeprints, Casts 8 Investigation Report Detail Report for 10/15/17 10 Recovered Thread 11 Cell Phone Records - 3 -

4 BRIEF CASE SUMMARY: On the night of October 15, 2017, the small northeast Iowa community of Brook Farm, lost a treasure. Lois Mae Alcott (known affectionately to just about everyone as Aunt Mae ) died when her historic home was consumed by flames. Aunt Mae lived in Emerson Hall, a home built by her grandfather at the turn of the 20 th century. Shortly into the police investigation, it was determined that the fire was deliberately set. To make matters worse, it now appears the fire was intended to cover for the violent death of Aunt Mae in the course of a robbery. Scandal now rocks one of the area s oldest families, as one of its own has been charged with Aunt Mae s murder. This Summary of Facts is not to be used as evidence in the case

5 IN THE DISTRICT COURT OF CONCORD COUNTY, IOWA CASE NO. 18-CR STATE OF IOWA PLAINTIFF VS. PRE-TRIAL ORDER DEVIN EMERSON DEFENDANT * * * * * * * * * * On this the 21 st day of December, 2017, the above-captioned matter came before the undersigned judge for pretrial conference. The parties, appearing through their counsel, indicated their agreement to the terms of this Order. The terms of this Order shall not be altered, except by this Court upon a showing of good cause. I. Statement of Case The State of Iowa charged the Defendant, Devin Emerson, with Murder, Arson, and Armed Robbery. II. Pretrial Rulings Because the parties have stipulated to the cause of death of the victim, the judge has sustained the Defendant's objection to showing photos of the victim's body and injuries on the grounds that those photos would be unnecessarily cumulative of the testimony of Chief Nat Hawthorne and that, as a result of their gruesome nature, those photos would be substantially more prejudicial than probative. III. Stipulations of the Parties The parties have entered into the following stipulations, which shall not be contradicted or challenged: 1. The signatures on the witness statements are authentic and signed under oath by each witness. 2. The jury charges are accurate in all respects. No objections to the jury charges may be raised. 3. The indictments are valid. The Defendant may not challenge the indictments as deficient. 4. At the time of her death, Lois Mae Alcott, the victim, was seventy-seven years old. She did not have a will; therefore, her property was to be inherited by her closest living relative, Sidney Alcott-Walden, the spouse of her deceased sibling. 5. The cause of death of Lois Mae Alcott, the victim, was blunt force trauma to the back of her head. The parties stipulate that the cast iron skillet was the item that caused the blunt force trauma to Lois Mae Alcott s head prior to fire exposure. 6. All searches of property and persons were done with lawful authority and within the bounds of the Constitution. The constitutional validity of any search of any property or person may - 5 -

6 not be challenged or called into question during the trial of the case. The chain of custody of evidence collected during the investigation is not in dispute. 7. The Defendant, Devin Emerson, was properly advised of Miranda warnings upon arrest. Miranda warnings were not legally required prior to any other interview of Devin Emerson or any other witness. The validity of any interview based on Miranda may not be challenged or called into question during the trial of the case. 8. Chief Nat Hawthorne and the Concord County officers interviewed all likely witnesses. Only those with information relevant and valuable to the investigation are specifically identified in the investigation report and in Nat Hawthorne s affidavit. No other witness interviewed provided any relevant or valuable information. 9. The testimony of the officers, the coroner, the firefighters, and any other member of the Concord County Police and Fire Department is in concurrence with and cumulative of that of Chief Nat Hawthorne and is, therefore, unnecessary. The failure of a party to call a witness other than those listed in the Case Materials may not be raised or challenged. 10. The video footage and digital log from the security gate at the Alcott-Walden residence verifies that Sidney Alcott-Walden's vehicle entered the gate at 7:38 p.m. on October 15, This record s availability is not in question. 11. The recorded video chat session obtained from Jaylen and Miller Whitman's laptop computer verifies that Miller Whitman was out of the state and that Jaylen Whitman was in the Carriage House continuously between 7:02 p.m. until 10:30 p.m. on October 15, This record s availability is not in question. 12. The lab results confirmed that the samples submitted with positive results showed trace evidence of a petroleum based liquid consistent with an accelerant. 13. The parties have pre-marked Exhibits #1 #11. No challenge may be made by either party as to the authenticity of these exhibits. Due to the limitations of Mock Trial, all the physical evidence is accurately portrayed within the photos provided in the exhibits. 14. Exhibit #1 (Property Sketch of Emerson Homestead), is a fair and accurate representation of the property known as Emerson Homestead, although it is not drawn to scale. All witnesses personally familiar with the property agree that the drawing is fair and accurate. 15. The marks made on Exhibit #1 (Property Sketch of Emerson Homestead), were made by Mel Herman and Nat Hawthorne. 16. The parties stipulate Exhibit #3 (TV Listing) is an accurate representation of television programming aired on channels available to all witnesses on the evening of October 15, 2017, and no objection can be made to its admissibility if offered by either party. 17. The parties stipulate Exhibit #9 (911 Detail Report for October 15, 2017) is an accurate transcription of the recorded 911 activity related to this case

7 18. For purposes of Mock Trial, some pictures were combined into a single exhibit. A witness may identify and acknowledge a picture within an exhibit without acknowledging all components of the exhibit. IV. Terminology / Pronunciation Guide 1. The definition of codicil is an amendment to an existing will that supplements, alters, or expands upon that will. 2. The definition of life estate is a person's legal interest in the possession and use of property during that person's lifetime. IT IS SO ORDERED, this day of this round of the High School Mock Trial competition. /s/ Van Everett The Honorable Presiding Judge - 7 -

8 IN THE IOWA DISTRICT COURT FOR CONCORD COUNTY STATE OF IOWA, ) ) Plaintiff, ) CRIMINAL LAW NO. _18-CR-36-18_ ) v. ) ) DEVIN EMERSON, ) TRIAL INFORMATION ) Defendant ) COMES NOW the Concord County Attorney s Office and, in the name and by the authority of the State of Iowa, accuses the Defendant of the crime of the following: COUNT I: Murder in the First Degree, in violation of Iowa Code Section 707.2, based upon the allegations that the Defendant in this County, Iowa, on or about the 15 th day of October, 2017, did: Cause the death of Lois Mae Alcott, a human being, by striking her with a deadly weapon, intending or knowing that s/he would cause the death of Lois Mae Alcott, and acting with premeditation. COUNT 2: Arson in the Second Degree, in violation of Iowa Code Section 712.3, based upon the allegations that the Defendant in this County, Iowa, on or about the 15 th day of October, 2017, did: Unlawfully, knowingly and intentionally cause a fire intending to destroy or damage Emerson Hall at 1500 Wordsworth Road, Concord County, Brook Farm, Iowa, said dwelling having a value exceeding five hundred dollars. COUNT 3: Armed Robbery in the First Degree, in violation of Iowa Code Section 711.2, based upon allegations that the Defendant in this County, Iowa, on or about the 15 th day of October, 2017, did: While intending to commit a theft, purposely inflict or attempt to inflict serious injury on Lois Mae Alcott, a human being. A TRUE INFORMATION: Concord County Attorney s Office By: Everett Van (Signature) - 8 -

9 APPROVAL AND ORDER FOR ARRAIGNMENT This information and the Minutes of Evidence accompanying it have been examined by me and found to contain sufficient evidence, if unexplained, to warrant a conviction by trial jury. The witnesses are listed in the Minutes of Evidence. The filing of this information is approved by me on the 21 st day of December, IT IS HEREBY ORDERED that arraignment in this matter be scheduled. There is no preliminary hearing after filing this information. Van Everett JUDGE - 9 -

10 IN THE IOWA DISTRICT COURT FOR CONCORD COUNTY STATE OF IOWA, ) ) Plaintiff, ) CRIMINAL LAW NO. _18-CR ) v. ) ) DEVIN EMERSON, ) DEFENDANT S WRITTEN NOTICE OF ) NOT GUILTY PLEA Defendant ) COMES NOW, the Defendant and for his/her Written Notice of Not Guilty Plea, and states as follows: After having been fully advised of my right to plead guilty, not guilty, former conviction, and former acquittal, I hereby enter a plea of Not Guilty to the charge of Murder in the First Degree, in violation of Iowa Code Section After having been fully advised of my right to plead guilty, not guilty, former conviction, and former acquittal, I hereby enter a plea of Not Guilty to the charge of Arson in the Second Degree, in violation of Iowa Code Section After having been fully advised of my right to plead guilty, not guilty, former conviction, and former acquittal, I hereby enter a plea of Not Guilty to the charge of Armed Robbery in the First Degree, in violation of Iowa Code Section Devin Emeson DEFENDANT

11 IOWA CODE CHAPTER 707 HOMICIDE AND RELATED CRIMES MURDER DEFINED. A person who kills another person with malice aforethought either express or implied commits murder MURDER IN THE FIRST DEGREE. A person commits murder in the first degree when the person commits murder under any of the following circumstances: 1. The person willfully, deliberately, and with premeditation kills another person. 2. The person kills another person while participating in a forcible felony. 3. The person kills another person while escaping or attempting to escape from lawful custody. 4. The person intentionally kills a peace officer, correctional officer, public employee, or hostage while the person is imprisoned in a correctional institution under the jurisdiction of the Iowa department of corrections, or in a city or county jail. 5. The person kills a child while committing child endangerment under section 726.6, subsection 1, paragraph "b", or while committing assault under section upon the child, and the death occurs under circumstances manifesting an extreme indifference to life. 6. The person kills another person while participating in an act of terrorism as defined in section 708A.1. Murder in the first degree is a class "A" felony ARSON DEFINED CHAPTER 712 ARSON 1. Causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Provided, that where a person who owns said property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consented to the defendant s acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson

12 712.3 ARSON IN THE SECOND DEGREE Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class C felony ROBBERY DEFINED CHAPTER 711 ROBBERY AND EXTORTION A person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the intended theft or the person s escape from the scene thereof with or without the stolen property: 1. Commits an assault upon another. 2. Threatens another with or purposely puts another in fear of immediate serious injury. 3. Threatens to commit immediately any forcible felony. It is immaterial to the question of guilt or innocence of robbery that property was or was not actually stolen ROBBERY IN THE FIRST DEGREE A person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon. Robbery in the first degree is a class B felony

13 JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS It is your duty as a juror to decide this case by applying these jury instructions to the facts as you determine them. You must follow these jury instructions. They are the rules you should use to decide this case. It is your duty to determine what the facts are in the case by determining what actually happened. Determine the facts only from the evidence produced in court. When I say evidence, I mean the testimony of witnesses and the exhibits introduced in court. You should not guess about any fact. You must not be influenced by sympathy or prejudice. You must not be concerned with any opinion that you feel I have about the facts. You, as jurors, are the sole judges of what happened. You must consider all these instructions. Do not pick out one instruction, or part of one, and ignore others. As you determine the facts, however, you may find that some instructions no longer apply. You must then consider the instructions that do apply, together with the facts as you have determined them. In their opening statements and closing arguments, the lawyers have talked to you about the law and the evidence. What the lawyers said is not evidence, but it may help you to understand the law and the evidence. The lawyers are permitted to stipulate that certain facts exist. This means that both sides agree those facts do exist and are part of the evidence. You are to determine what the facts in this case are from the evidence produced in court. If the court sustained an objection to a lawyer s question, you must disregard it and any answer given. Any testimony stricken from the court record must not be considered. The State has the burden of proving the defendant guilty beyond a reasonable doubt. In civil cases, it is only necessary to prove that a fact is more likely true than not true, or that its truth is highly probable. In criminal cases such as this, the State s proof must be more powerful than that. It must be beyond a reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant s guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find the defendant guilty. If, on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and find the defendant not guilty

14 You must decide whether or not the State has proven the defendant guilty beyond a reasonable doubt. The law does not require a defendant to prove innocence. You must start with the presumption that the defendant is innocent. The State must then prove the defendant guilty beyond a reasonable doubt. This means that the State must prove each element of the charges beyond a reasonable doubt. If you conclude that the State has not met its burden of proof beyond a reasonable doubt with respect to a particular charge, then you must find the defendant not guilty of that charge. You must decide whether the defendant is guilty or not guilty by determining what the facts in the case are and applying these jury instructions. You must not consider the possible punishment when deciding on guilt; punishment is left to the judge. If you find that the plaintiff, the State of Iowa, has lost, destroyed, or failed to preserve evidence whose contents or quality are important to the issues in this case, then you should weigh the explanation, if any, given for the loss or unavailability of the evidence. If you find that any such explanation is inadequate then you may infer that the evidence is against the State s interest, which may create a reasonable doubt about the defendant s guilt. The State must prove guilt beyond a reasonable doubt with its own evidence. You must not conclude that the defendant is likely to be guilty because the defendant did not testify. The defendant is not required to testify. The decision on whether or not to testify is left to the defendant acting with the advice of an attorney. You must not let this choice affect your deliberations in any way. The defendant is not required to produce evidence of any kind. The decision on whether to produce any evidence is left to the defendant acting with the advice of an attorney. The defendant s failure to produce any evidence is not evidence of guilt. Before you may convict the defendant of the charged crimes, you must find that the State proved beyond a reasonable doubt that the defendant committed a voluntary act. A voluntary act means a bodily movement performed consciously and as a result of effort and determination. You must consider all the evidence in deciding whether the defendant committed the act voluntarily. In determining the evidence, you must decide whether to believe the witnesses and their testimony. As you do this, you should consider the testimony in light of all the other evidence in the case. This means you may consider such things as the witnesses ability and opportunity to observe, their manner and memory while testifying, any motive or prejudice they might have, and any inconsistent statements they may have made. The State has charged the defendant with certain crimes. A charge is not evidence against the defendant. You must not think that the defendant is guilty just because of a charge. The defendant has pled not guilty. This plea of not guilty means that the State must prove each element of the charges beyond a reasonable doubt

15 Evidence may be direct or circumstantial. Direct evidence is the testimony of a witness who saw, heard, or otherwise observed an event. Circumstantial evidence is the proof of a fact or facts from which you may find another fact. The law makes no distinction between direct and circumstantial evidence. It is for you to determine the importance to be given to the evidence, regardless of whether it is direct or circumstantial. A witness may give an opinion on a subject upon which the witness has become an expert because of education, study, or experience. You should consider the opinion of an expert and the reasons, if any, given for it. However, you are not bound by any expert opinion. Give the expert opinion the importance that you believe it deserves. Evidence of other acts of the defendant has been admitted in this case. You must not consider this evidence to prove the defendant s character or that the defendant acted in conformity with that character. You may, however, consider that evidence only as it relates to the defendant s motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. You must evaluate the defendant s testimony the same way as any witness testimony. The State need not prove motive, but you may consider motive or lack of motive in reaching your verdict. CLOSING INSTRUCTIONS Now that all the evidence has been presented, it is my duty under the law to give you the instructions that apply in this case. The instructions contain all rules of the law that are to be applied by you and all the rules by which you are to weigh the evidence and determine the facts at issue in deciding this case and reaching a verdict. You must consider the instructions as a whole. All the testimony and evidence that is proper for you to consider has been introduced in this case. You should not consider any matter of fact or of law except that which has been given to you during the trial of this case. It is your responsibility as jurors to determine the facts from the evidence, to follow the rules of law as stated in these instructions, and to reach a fair and impartial verdict of guilty or not guilty based upon the evidence, as you have sworn you would do. You must not use any method of chance in arriving at a verdict, but must base your verdict on the judgment of each juror. (2) Elements of the Charges: In this matter, the Defendant has been charged with three crimes: (a) Murder, under Iowa Code Section 707; (b) Arson, under Iowa Code Section 712; and (c) Armed Robbery, under Iowa Code Section

16 To these charges, the Defendant has entered a plea of not guilty. Each charge should be considered separately. I will now define the elements for each charge: Murder Iowa Code Section 711: The Defendant is charged with Murder. The State must prove beyond a reasonable doubt that the Defendant killed another person with malice aforethought. Malice is hatred, ill-will, or hostility towards another person. It is the intentional doing of a wrongful act without just cause or excuse and with an intent to inflict an injury or under circumstances such that the law will infer an evil intent. Malice aforethought does not require that the malice exists for any particular time before the act is committed, but malice must exist in the mind of the Defendant just before and at the time of the act is committed. Therefore, there must be a combination of the previous evil intent and the act. Malice aforethought may be express or inferred. These terms, express and inferred do not mean different kinds of malice but merely the manner in which malice may be shown to exist. That is, either by direct evidence or by inference from the facts and circumstances that are proved. Express malice is shown when a person speaks words that express hatred or ill-will for another or when the person prepared beforehand to do the act that was later accomplished; for example, lying in wait for a person or any other acts of preparation showing that the deed was in the Defendant s mind would be express malice. Malice may be inferred from conduct showing a total disregard for human life. Inferred malice may also arise when the deed is done with a deadly weapon. A deadly weapon is any article, instrument, or substance which is likely to cause death or great bodily harm. Whether an instrument has been used as a deadly weapon depends on the facts and circumstances of each case. In this case, the State has alleged that the murder involved the intentional killing of Lois Mae Alcott. Therefore, in order to prove the Defendant guilty of Murder, the State must prove the following: The Defendant took the life of Lois Mae Alcott with malice aforethought. If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of murder in violation of Iowa Code Section 707, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of murder in violation of State Code Section 707, you must return a verdict of not guilty as to this charge on the jury verdict form

17 Arson Iowa Code Section 712: The Defendant is charged with the crime of Arson. In order to prove this offense, the State must prove beyond a reasonable doubt that the Defendant willfully and maliciously caused an explosion, set fire to, burned, caused to be burned, aided, counseled, or procured the burning of certain properties. Willfully means that it was not done by accident, but was done knowingly or intentionally. It must be shown that the burning was by the willful act of some person and not as a result of a natural or accidental cause. Maliciously means with hatred, ill will, or hostility. A person who intentionally does a wrongful act without legal justification or excuse does the act maliciously. A malicious burning is an act that shows a heart bent on mischief, showing a design to do an intentional wrong act toward another or toward the public, without any legal justification or excuse. This malice need not be express, but may be inferred. Burning means actual combustion of some portion of a piece of property. It is not necessary that the property be consumed or destroyed. Charring of the material of which the property is constructed or a change in the fiber or composition of the structure, is required for burning. Next, the State must prove beyond a reasonable doubt that the property that was burned was a structure, including a dwelling house, a church or other place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy, including local and municipal buildings. Finally, the State must prove beyond a reasonable doubt that the Defendant had the intent to destroy or damage the property by explosion or fire. Intent means intending the result that actually occurs; not accidentally or involuntarily. Intent may be shown by acts and conduct of the Defendant and other circumstances from which you may naturally and reasonably infer intent. In this case, the State has alleged that the arson involved the burning of the residence known as Emerson Hall, located at 1500 Wordsworth Road, Concord County, Brook Farm, Iowa, and its contents. Therefore, in order to prove the Defendant guilty of Arson, the State must prove the following: The Defendant committed Arson in violation of Iowa Code Section 712 by: (1) Causing an explosion, setting fire to, burning, causing to be burned, aiding, counseling, or procuring the burning of Emerson Hall and its contents; and that, (2) The Defendant acted willfully and maliciously. If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of Arson in violation of Iowa

18 Code Section 712, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of Arson in violation of Iowa Code Section 712, you must return a verdict of not guilty as to this charge on the jury verdict form. Armed Robbery Iowa Code Section 711: The Defendant is charged with Armed Robbery. In order to prove this offense, the State must first prove beyond a reasonable doubt that the Defendant took personal property or attempted to take personal property from another person or in presence of the person. Property is in the presence of a person if it is within the person s reach, inspection, observation, or control so that the person could, if not overcome with violence or prevented by fear, keep possession of the property. The State must also prove beyond a reasonable doubt that the Defendant carried the property away or attempted to carry the property away intending to permanently deprive the owner of the property and to keep the property for the Defendant s own use. The slightest removal of the property or the complete possession of the property, even for an instant, by the Defendant is sufficient to show a taking and carrying away of the property. The taking and carrying away of the property must have been done with violence or by putting the owner of the property in fear of violence. Finally, the State must prove beyond a reasonable doubt that the Defendant was armed with a deadly weapon during the robbery. A deadly weapon is any article, instrument, or substance that is likely to cause death or great bodily harm. Whether an instrument has been used as a deadly weapon depends on the facts and circumstances of each case. An ordinary object may become a deadly weapon when the facts show that it has been used to inflict serious bodily harm or death. In this case, the State has alleged that the Armed Robbery involved the use of a cast iron skillet as a deadly weapon during the theft of Lois Mae Alcott s purse and its contents. Therefore, in order to prove the Defendant guilty of Armed Robbery, the State must prove the following: The Defendant carried away or attempted to carry away the property of Lois Mae Alcott intending to permanently deprive Lois Mae Alcott of the property and to keep the property for the Defendant s own use in violation of Iowa Code Section 711 while either: (1) Armed with a deadly weapon, or (2) While alleging, either by action or words, that s/he was armed while using a representation of a deadly weapon or any object that Lois Mae Alcott reasonably believed to be a deadly weapon

19 If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of Armed Robbery in violation of Iowa Code Section 711, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of Armed Robbery in violation of Iowa Code Section 711, you must return a verdict of not guilty as to this charge on the jury verdict form. Verdict Instructions: After you have retired to consider your verdict, a member of the jury is selected as your foreperson and then you begin your deliberations. The foreperson is to maintain orderly deliberations but should have no greater influence on the deliberations than any other member of the jury. Your verdict must be unanimous. When you have agreed on a verdict, your foreperson will sign the verdict form, and you will, as a body, return the verdict form in open court. Verdict Form: The verdict form approved by the Court is attached hereto

20 IN THE IOWA DISTRICT COURT FOR CONCORD COUNTY STATE OF IOWA, ) ) Plaintiff, ) CRIMINAL LAW NO. _18-CR-36-18_ ) v. ) ) DEVIN EMERSON, ) ) Defendant ) JURY VERDICT FORM We, the jury, empanelled and sworn in the above-entitled cause, do, upon our oaths, find as follows: As to COUNT I for Murder in the First Degree, Iowa Code Section 707, we the jury find the Defendant: Guilty Not Guilty As to COUNT II for Arson in the Second Degree, Iowa Code Section 712, we the jury find the Defendant: Guilty Not Guilty As to COUNT III for Armed Robbery, Iowa Code Section 711, we the jury find the Defendant: Guilty Not Guilty Foreperson

21 WITNESS STATEMENTS

22 STATEMENT OF MEL HERMAN (Church Administrator) My name is Mel Herman. I am 30 years old. I live at 200 Orchard Lane in Brook Farm, Iowa. I graduated from Concord County High School in 2005 and got my Associate's Degree in accounting from Concord Community College in I work two part-time jobs. I am the bookkeeper for Hiller s Shop-n-Save and the administrator for All Souls Church. I do bookkeeping and payroll for Hiller s Shopn-Save seven hours per day, Monday through Wednesday. My job at All Souls is about ten hours per week, working mostly on Thursdays and Sundays. My work for All Souls is mainly keeping the books, preparing the Sunday bulletin and monthly newsletter, creating an annual budget, and doing odd office jobs as needed. It is a small church, so there is not a whole lot going on there. Rev. Eckley and I are the only employees, so there is nothing really complicated. Of course, one of my responsibilities should have been making the weekly deposits on Monday mornings. When I was first hired in 2008 and found out that Aunt Mae took the Sunday plate collection money with her on Sunday afternoons, I was surprised. "Aunt Mae" was what everyone called Ms. Lois Mae Alcott. Her family founded All Souls Church, and she lived in the house near the church, which was all located on the Emerson Homestead. She lived in the main house on the property called Emerson Hall. I was told she had been the church treasurer for as long as anyone could remember, and she always took the plate collection money with her to deposit on Monday mornings. Aunt Mae never drove as far as I knew, but Ashton and Sidney Alcott-Walden would come from the lake most every Sunday for church. They would spend Sunday night with Aunt Mae and then take her out to run errands on Monday mornings. Sidney Alcott-Walden kept that routine up after Ashton passed away, and, when Sidney could not do it, Jaylen would drive her. Many times, I pulled Sidney or Jaylen aside after church, offering

23 to lock the money in the church s filing cabinet and meet them there at 8:00 a.m. on Monday morning to pick up the money before my shift at Hiller s Shop-n-Save. But, they did not accept my offer. The excuse was always that Aunt Mae was too set in her ways, and she felt like she was helping out by making the deposits. I think with some persuading, Aunt Mae could have been convinced, but Sidney did not want to get up early on Mondays to travel to Brook Farm in order to make the weekly deposits. Now I sure wish I had pushed harder or insisted that Rev. Eckley change the practice of Aunt Mae taking home the Sunday plate collection money. I never really thought Aunt Mae was in real danger quite frankly it is a small church, and ordinarily it was not a whole lot of money collected on any given Sunday. I was more worried that she would misplace the money and there would be a big fuss over that. And of course, handing a bag of cash over to a little old lady to tote home with her is not exactly the standard accounting practices I learned in school. I suppose whenever there is an unexpected tragedy like this, everyone looks back and thinks, "I should have done something more to prevent this." Like the warning signs I ignored when it came to Devin Emerson. Devin was a sophomore when I was a senior. Devin was wild always getting into some kind of trouble, skipping school, getting brought home by the cops. Devin had no parents at home and hung out with kids my age and even older. Everybody said Aunt Mae did the best she could, but there was not much you could do with someone like Devin. Devin disappeared for a while after high school, then about seven or eight years ago showed back up out of nowhere, looking rough. I remember seeing Devin at church one Sunday out of the blue, hanging on Aunt Mae like she was some kind of queen. It was just like the bible story of the prodigal son returning home. I remember Aunt Mae saying to me, "Look here, Mel. Look who has come home to

24 take care of me." I remember thinking, "Yeah, who is going to take care of who?" And I was right. It did not take long for Devin to get right back into trouble. Devin ran around with a cousin of mine named Boyd and some others in my class at school. I do not know what all they were into, but I heard rumors they were up to no good. I heard tell about alcohol, drugs, gambling and other problems. I remember one time, not long before Aunt Mae was killed, I was over at my uncle's house helping him with some financial planning. While there, I heard my cousin Boyd kind of shouting on his cell phone out on the porch. I heard him say, "Devin, you cannot just mooch off everyone your whole life. At some point, you have to pay back what you borrow." And then, "You know if it was me I would not care, but these guys are no joke. I think you re in way too deep now." And then, "Well, you will have to find yourself another job then and ---" It sounded like Boyd got cut off. Boyd was fussing and walked off to his car, slamming the porch door behind him. Devin had a job at Hiller s Shop-n-Save, but did not keep it for long. Devin did pretty well for the first few months, but then started clocking in late and not showing up at all a few times. Now, Hiller s is no Walmart, but for the only grocery store in the county, it does a pretty good business. The few employees we have cannot be no shows. After a while, the manager had enough and fired Devin. There was a huge blow up in the office, with Devin saying things like, "You cannot fire me. I need this job." And, "What do you expect me to do now?" For a minute I thought I was going to have to call the police, but then Devin sort of shrugged and walked out. That was back in January I do not know what Devin did for money after that. But the word on the street was that Devin owed big money to some pretty shady characters. I remember the day Aunt Mae died, probably because it was a Sunday and I had seen her the same day. I remember the weather was really nice and everyone at church was very happy. A few months prior, the membership voted to raise money

25 to build a memorial and meditation garden on the church property. On Sunday, October 15, 2017, we unveiled the architectural plans for the garden. Surely the kick-off of the architectural plans accounted for the collection size that day, which was more than double the usual giving. As was our usual practice, Aunt Mae and I went into the church office around 12:30 p.m. to count the money after a few minutes of socializing. I remember Devin's head popping in the door at one point asking if Aunt Mae was ready to go. She laughed and said "You all go on, Devin. Mel and I might be here a while. Everyone was so generous today. We have a lot of extra money to count." Devin eyed the pile of bills sitting in front of us and said, "You don't need any help with that?" Aunt Mae just laughed and said, "Shoo, Devin. You go on." Devin left, then came back and said, "Well, I am heading back with Jaylen. Sidney's gonna stay and wait on you." After Devin left, we counted out the money the way we always did. Aunt Mae counted out loud and I wrote it down. Then I counted out loud while she checked my numbers. Then I typed up an itemized list of checks and cash collected on the Weekly Collections form and we both checked it against our notes. Once we made any corrections necessary, I printed it out and we each initialed the form. Then I made two copies. The original went into my book to wait on the deposit slip so I could enter it into the accounting ledger. One copy went with the money that Aunt Mae put in her purse for depositing on Mondays. The other copy went into Rev. Eckley s mailbox so he could see how we were doing. I woke up to the Monday news reporting about Aunt Mae losing her life to a house fire. The news was devastating. I was just with Aunt Mae the day before. On that Tuesday after the fire, Chief Hawthorne asked me some questions. Chief showed me a series of photographs from the scene of the fire, and had me label some spots on the property sketch of the Emerson Homestead (marked as Exhibit #1). I confirmed a photo of the purse Aunt Mae always carried with her to church

26 and carried with her on October 15, 2017 (marked as Exhibit #6, Photo #2). That was the purse she put the church deposit in on Sunday. Then it hit me, the church deposit. I was in such shock about losing Aunt Mae, I did not think about the fact that she was supposed to make the weekly deposit on Monday. When Chief Hawthorne showed me the pictures of Aunt Mae s personal items (marked as Exhibit #6, Photos #3, #4, #5, #6, and #7) found near her purse, I asked where the collection money was. It was missing. I provided Chief Hawthorne with an exact copy of the Weekly Collections form that Lois Mae and I prepared together on October 15, 2017 (marked as Exhibit #4). The tally of weekly collections accurately reflects the checks and cash in both amount and denomination that Aunt Mae put in her purse with the deposit. It was right after that when Aunt Mae and Sidney left from church together around 12:50 p.m. After everyone left church that day, I must have had a few things to do because I stayed there until about 1:15 p.m. or so. I remember locking the door, walking to my car parked in my reserve parking place next to church, where I always park (labeled on Exhibit #1 as Reference Point #1). It was then that I heard some commotion. I saw Sidney Alcott-Walden pacing around on the sand walking path between the house and the pond, hollering into a cell phone (labeled on Exhibit #1 as Reference Point #2). I could not make out all that Sidney was saying, but I did hear something like "just won't budge" and "tell me something I don't know" and "excellent offer but try telling her that." I guess I must have been staring, because Sidney looked up and got quiet and then turned down the sand walking path to the driveway to the main house. As I got in the car and turned my car around in the parking lot, I saw Sidney pulling groceries out of a white Cadillac and slamming the door in the driveway (labeled on Exhibit #1 as Reference Point #3). I do not know what that was all about. Sidney is a realtor and was into making

27 real estate investment deals. Sidney always seemed to have something big cooking and s/he was always hollering something into the phone. Over the past few months, I ve noticed Sidney taking a variety of wealthylooking people on tours all around the property. Well, maybe wealthy looking isn t the best description, I but I knew they were city slickers and definitely not from around these parts. I don t think of myself as nosy or as a busy-body, I just think I m more observant than most. Anyway, I saw Sidney again later that day when I returned to the church to get some paperwork I had mistakenly left behind. My Uncle had asked me to review a financial prospectus from an investment firm, Cobra Kai Investments. I had finished my review and was going to give it to him at church that day, but he never showed up. I guess it slipped my mind that I still had his stuff with me, because I left the folder in the church office. I only remembered leaving it behind when I sat down to eat and pulled out some pickle relish my uncle canned for me last year. I called him and he said he would come to Hiller s Shop-n-Save the next day to get it, so I drove back to the church to pick up the folder and got there around 6:55 p.m. There were no cars in the driveway either at the Carriage House or the main house when I drove in, other than Jaylen's SUV. When I got out of my car in the church parking lot, I heard a door close behind me. When I turned around, I saw someone. I figured it was Devin heading out the back door of the main house and going around the other side, not towards the church (labeled on Exhibit #1 as Reference Point #4). It looked like the person was carrying something, but it was twilight and some distance away. So, I could not see what it was. I was going to wave, but I never did see Devin again. It was not unusual to see Devin over there, so I went into the church to get my uncle's prospectus and my analysis. I unlocked the door to the church and then the door to the office. I thought I had left the packet on the table where we counted the money, but it was not there. I

28 had to hunt around for a while and finally found the folder on the filing cabinet in Rev. Eckley s office. I grabbed the packet and headed out, locking the doors behind me. As I was leaving out on Longfellow Circle, Sidney about ran me off the road coming out of the driveway. Sidney was not paying attention at all. I am not even sure Sidney saw my car. I know Sidney definitely took me by surprise. Sidney's car had not been there when I pulled in and I could not have been inside the church for more than fifteen minutes. It is funny what you do remember the smallest things. For instance, when I was getting back in my car with the packet, I remember smelling something burning. I knew about a cookout at the Carriage House because Aunt Mae mentioned that Jaylen was going to cookout before the big game. But this was much later than when they would have been cooking. I just assumed the smell of smoke was coming from the burn pile. A picture of the burn pile is marked as Exhibit #6, Photo #1. A burn pile was on the other side of Emerson Hall to discard trash and other things. I have used that burn pile before to dispose of old church records. Now I wish I had checked on Aunt Mae

29 STATEMENT OF NAT HAWTHORNE (Chief of Police and Fire) My name is Nat Hawthorne. I am 47 years old. I was born and raised in Roxbury, Concord County, Iowa. I am the Chief of the Concord County Police and Fire Department. I graduated from Concord County High School in I attended Southern Iowa University, where I obtained a bachelor s degree in criminal justice in After graduating from college, I worked with the Dinkla County Sheriff s Office as a Uniform Patrol Officer for nine years, a Narcotics Officer for two years and Forensic Specialist for eleven years. During that time, I completed several training programs at the Iowa Criminal Justice Academy and the FBI Academy. I obtained training certification in fingerprint/shoeprint analysis, crime scene photography, blood stain analysis, arson investigation, and homicide investigation. I am also certified with the American Board of Medico Legal Death Examiners. I am a current member of the Iowa Sheriffs' Association, the International Homicide Investigation Association, and the National Association of Fire Investigators. Five years ago, when Chief Levis retired, I decided to apply for the position so that I could return home to Roxbury. I was hired as the new Concord County Chief of Police and Fire in I was in charge of the investigation into the October 15, 2017, fire at Emerson Hall on the Emerson Homestead and the related death of Lois Mae Alcott. I prepared a complete report of the investigation, (marked as Exhibit #8) which also includes the autopsy report. I am also familiar with all other exhibits in this case. Dates and times of the incident were verified against the 911 Detail Report (marked as Exhibit #9)

30 Dispatch called me at approximately 22:57 after having received a 911 emergency call at approximately 22:48 from Jaylen Whitman. I arrived at 1500 Wordsworth Road in Brook Farm, Iowa, at approximately 23:19. On scene, there were Concord County s fire apparatus, two of my officers, Sergeant Shipley and Deputy Jessen, and the Concord Community EMS. By approximately 23:49 the fire was sufficiently contained to allow department personnel to enter the structure in an attempt to rescue any occupants. The rescue team found a body located in the kitchen, and the victim was declared dead on the scene. It was determined there was only one occupant, confirmed later to be Lois Mae Alcott. The coroner transported the body to the morgue Once the fire was one hundred percent contained, my officers and I began our fire investigation. As noted in the investigation report, we determined that the fire started in the kitchen. Based on burn patterns, a towel soaked in an accelerant near the stove started the fire. Due to the intentional nature of how the fire started, our focus shifted to an arson investigation. Debris samples taken from countertops, walls, ceiling joists, and flooring in the kitchen revealed appreciable traces of petroleum based accelerant. Samples were also taken from the victim s purse, and its contents, which revealed appreciable traces of petroleum based accelerant There was significant damage to the structure and the surrounding area due to the fire and the water involved in putting the fire out. The damage made it impossible to obtain usable shoeprints or fingerprints inside or around the house. On the night of the fire, we were unable to locate any source of the accelerant, such as a gas can or another container located in the vicinity of the structure. During the early hours of Monday, October 16, 2017, we focused our investigation on

31 48 49 conducting preliminary interviews with witnesses: Sidney Alcott-Walden, Jaylen Whitman, and Devin Emerson In the preliminary interview in the early morning hours of Monday, October 16, 2017, Sidney Alcott-Walden provided the following regarding the incident of that evening: Alcott-Walden last saw the victim at approximately 14:00. Alcott- Walden escorted the victim from the All Souls Church to Emerson Hall after the victim and Mel Herman counted the collection money. Alcott-Walden prepared lunch for the victim at the victim s residence, which they ate together. Alcott- Walden acknowledged leaving after lunch and returning to the property at approximately 19:05, but did not get an answer after knocking on the front door. Alcott-Walden assumed the victim had already left the residence and was with other family members at the Carriage House located on the Emerson Homestead. Alcott-Walden left the property within a few minutes of arrival without speaking to or seeing anyone. Alcott-Walden reported a near collision with Mel Herman while leaving the property. Alcott-Walden reported arriving home in Walden Lake at approximately 19:40 and watching some television before falling asleep. Alcott- Walden received a call from Jaylen Whitman about the fire and returned to the victim s residence. Alcott-Walden offered a sketch of the property (marked as Exhibit #1), which has been extremely useful In the preliminary interview in the early morning hours of Monday, October 16, 2017, Jaylen Whitman provided the following regarding the incident of that evening: Jaylen Whitman last saw the victim at church after the Sunday service on the date of the incident. Whitman was with Devin Emerson from approximately 13:30 until approximately 18:45. Whitman accounted for their day together prior to watching the baseball game alone. While watching the game, Jaylen Whitman was

32 on a video chat session with Miller Whitman from approximately 19:00 until the end of the baseball game at approximately 22:30. Jaylen Whitman saw the fire at the victim's residence from a bathroom window, called 911 from a cell phone, and attempted to enter the victim s residence to rescue the victim. Jaylen Whitman was unable to rescue the victim due to smoke and heat and was found unconscious outside the residence by first responders. Jaylen Whitman was treated at the scene and released. Later, I obtained a recording of a recorded video chat session on October 16, 2017, between Jaylen and Miller Whitman from Jaylen s laptop. Miller Whitman was out of state on the date in question. It was confirmed from the date and time stamp on the video and a clock visible on the walls of the locations of both parties to the call that Jaylen Whitman was present in the Carriage House from 19:00 until 22:30. Thus, I was able to exclude both Jaylen and Miller Whitman as suspects In the preliminary interview in the early morning hours of Monday, October 16, 2017, Devin Emerson provided the following regarding the incident of that evening: Devin Emerson claimed to have last seen the victim at approximately 12:30 on Sunday at All Souls Church. Emerson reported being with Jaylen Whitman at the store and at the Carriage House until approximately 18:45. Emerson reported returning to Ralph, Jr.'s house located on the Emerson Homestead and falling asleep around 20:30, only to be awakened in the house known as Ralph Jr. s house located on the corner of the property at 1502 Wordsworth Road at an unknown time by the sound of sirens related to the fire On the afternoon of Monday, October 16, 2017, I received the autopsy report. The coroner positively identified the body as Lois Mae Alcott with dental records, the owner and occupant of the house known as Emerson Hall. The medical

33 examiner, Dr. Thompson, also reported that Ms. Alcott s death was not related to the fire, but rather caused by blunt force trauma to the back of the head. Although the fire damage to the body was too severe to determine even an approximate time of death, the evidence is conclusive that she was deceased prior to fire exposure Upon review of the autopsy report, we immediately shifted our focus from an arson investigation to a homicide investigation. I instructed two of my officers to re-canvass the scene for additional evidence that might be relevant. The officers recovered a cast iron skillet on the kitchen floor. The photograph of the cast iron skillet is contained in Exhibit #6. The officers also recovered the Emerson Family Bible from the residence, which had miraculously been spared from the blaze, and which contained a drawing of the family tree (marked as Exhibit #5). Comparisons between the skillet and the blunt force trauma to the victim s back of the head confirmed that the skillet was the murder weapon I took Sergeant Shipley with me to examine the surrounding area of Emerson Hall. Upon examination of the burn pile (marked as Exhibit #6, Photo #1), I located several items of interest, including a lady's purse and its contents. I photographed the purse and its contents and secured the items in evidence bags. The photographs I took are included in Exhibit #6. No fingerprints were found on these items. I consulted with the fire personnel who were at the scene and confirmed that the burn pile was burning at the time of the house fire and that water hoses were used to douse it. The area immediately surrounding the burn pile was too damaged by fire, water, and activity to obtain usable shoeprints. Further, the areas surrounding the house and burn pile were covered in grass. However, we were able to lift six full or partial shoeprints that appeared to be from athletic shoes from the sand walking path between Emerson Hall and the burn pile leading to Ralph Jr. s house,

34 occupied at the time by the defendant, Devin Emerson. The location of the six shoeprints is labeled on Exhibit # 1 as Reference Point # According to information from the preliminary interviews, Mel Herman also interacted with the victim on Sunday, October 15, On Tuesday, October 17, 2017, Mel Herman was interviewed and stated the following regarding the events of October 15, 2017: Herman and the victim stayed after church to count the collection money. Herman saw Devin Emerson at approximately 12:30 during a brief encounter in the church office while Herman and the victim were counting the weekly collections. Herman last saw the victim at approximately 12:50 leaving the church with the collection money in her purse. Herman confirmed the purse found in the burn pile (marked as Exhibit #6, Photo #2) was the purse into which the victim placed the church s collection money before departing the church with Sidney Alcott-Walden. When shown the personal items pictured in Exhibit #6, Herman questioned where was the church s weekly collection money. To support the existence of the weekly collection, Herman provided a tally copy of the weekly collections prepared by Herman and the victim (marked as Exhibit #4). Herman stated that the victim left the church escorted by Sidney Alcott-Walden. Herman saw Sidney Alcott-Walden a second time at approximately 13:15. Herman began referencing different locations on the Emerson Homestead and voluntarily marked the locations on the property sketch provided (marked as Exhibit #1). As Herman was leaving the premises and approaching his/her car parked in a reserved parking space next to the church (labeled on Exhibit #1 as Reference Point #1), Herman observed Sidney Alcott-Walden. Sidney Alcott-Walden was seen on the sand walking path near Emerson Hall (as noted on Exhibit #1 as Reference Point #2) speaking loudly on a cell phone, then retrieving grocery bags from a white Cadillac (that Herman identified as belonging to Sidney Alcott-Walden) parked in the

35 driveway (labeled on Exhibit #1 as Reference Point #3). Upon returning to the premises sometime around 18:55, Herman observed an individual matching the description of Devin Emerson, known to Herman, at the rear of Emerson Hall. The person in question appeared to be carrying something. Herman noted the location on the property sketch (labeled on Exhibit #1 as Reference Point #4). In addition, Herman drew an arrow in the direction the person left from the residence, who was believed to be Devin Emerson. Upon departing the premises at approximately 19:10, Herman observed Sidney Alcott-Walden exiting the property in a white Cadillac, driving erratically As a result of Mel Herman s interview, my officers conducted a search of Sidney Alcott-Walden s vehicle and both residences on the same day. No athletic shoes were found matching the shoeprints taken from the walking path near the burn pile. Lab results showed no trace of accelerant on any shoes found in the Alcott-Walden residences or on any swabs taken from Alcott-Walden's vehicle. We also confirmed with the security staff at Alcott-Walden's gated community in Walden Lake that Alcott-Walden's white Cadillac passed through the security gate at exactly 19:38 on Sunday, October 15, 2017, by viewing the video footage and the digital log recorded by the gate. Second, we clocked the travel time between Emerson Homestead and Alcott-Walden's Walden Lake residence and confirmed that it was a drive of approximately thirty minutes. Accounting for variances in speed and traffic, the timeline of the movements reported by Alcott-Walden were confirmed. Finding no evidence linking Alcott-Walden to the crime scene, I was able to exclude Alcott-Walden as a suspect During our investigation on Tuesday, we searched the Carriage House, occupied by Jaylen and Miller Whitman. We were granted access to the home by

36 Jaylen Whitman, who was present during our search. We took prints of all athletic shoes found in the residence and we swabbed all of the shoes for trace evidence. Our examination later revealed none of the shoes located in the Carriage House matched any of the six shoeprints the lifted from the sand walking path. Lab analysis later revealed no traces of accelerant on the soles of any shoes found in the Carriage House While conducting the consent search of the Carriage House, we located a container of lighter fluid with no fingerprints (marked as Exhibit #2) in the side yard of the Carriage House (labeled on Exhibit #1 as Reference Point #5). Jaylen Whitman identified the container as one used on the afternoon of the incident to clean oil from the driveway and to light charcoal in the grill. Jaylen Whitman reported storing the half-full container on a high shelf in the carport of the residence after using the lighter fluid. We took the lighter fluid container, which was nearly empty, into evidence and delivered it to the forensics lab. No fingerprints were lifted from the lighter fluid container Also as a result of the interview of Mel Herman, we conducted a second interview of Devin Emerson. The second interview of Devin Emerson was substantively the same as the first, outlined earlier. When confronted with Jaylen Whitman's statement regarding Emerson's visit to the victim's residence prior to returning home, Emerson did admit to going to the main house after leaving Whitman s residence to see the victim before retiring to home for the night. Emerson claimed to have left the victim in good health. Emerson also claimed to have left the victim's residence by the front door, not the rear, and denied carrying anything away from the property. Emerson had no explanation for failing to report seeing the victim on the evening of the fire, stating, "I guess I just forgot."

37 We were granted access to the residence known as Ralph Jr.'s House by Devin Emerson on October 17, 2017, who confirmed being the sole occupant and who was present during our search. In the kitchen cabinet immediately to the left of the refrigerator, a rubber-banded bundle of cash was found. The officer who found the cash counted it in my presence. The amounts and denominations were recorded as an itemized list included in the investigation report. In addition, loose cash (two twenty dollar bills, a ten dollar bill and one five dollar bill) was found on the coffee table in the living room of the residence. Both the bundled cash and loose cash were secured in an evidence bag and delivered to the forensics lab. Lab results revealed trace amounts of accelerant matching the other samples on two twenty dollar bills, one five dollar bill, and four one dollar bills in the bundled cash. Our on-site search also produced a pair of athletic shoes located in the bedroom closet (marked as Exhibit #7 (A and B)). Lab analysis confirmed traces of accelerant were on the soles of both shoes collected. Lab analysis later revealed those same shoes matched the two shoeprints (marked as Exhibit #7 (C and D)) lifted from the sand walking path. Two shoe casts were made from the shoeprints (marked as Exhibit #7 (E and F)). We were unable to match the remaining four shoeprints to any shoes found during our investigation. Because the unidentified shoeprints did not match any shoes examined during our investigation, the casts of the four unidentifiable shoeprints were accidentally discarded by the cleaning crew because they were not placed in the evidence room. I gave the forensic tech a written reprimand, but it really does not affect this case because the two identifiable shoeprints led us to Devin Emerson Now I should mention that Devin Emerson is not someone unfamiliar to local law enforcement. Devin seemed to court trouble in a variety of ways. Out of deference to the family particularly Aunt Mae the Concord County Sherriff s office practiced a form of catch and release when it came to Devin. For minor

38 mischief, drunk and disorderly, that kind of thing, we figured just getting Devin out of immediate trouble was just fine. But over the course of the past year or so, Devin seemed to be getting caught up with a more dangerous crowd. We suspected that drug and alcohol use may have increased, along with gambling debts. A CI (that s a Confidential Informant) told me that Devin was into a local financial officer (aka Loan Shark) to the tune of more than $35,000. The CI indicated that when debts got that high, they were frequently sold to larger operators in most cases, people with ties to a Chicago mob Once s/he became a person of interest in our investigation, we obtained a court order to search both cell phone and records of Devin Emerson. We recovered two cell phones from Devin Emerson s place of residence. The first, a standard iphone, contained nothing of interest. However, the second phone, was a gold mine. Devin s alternate phone is a pay-as-you-go device (standardly used for criminal activities). Devin s call records on this phone indicated a series of calls to and from Chicago area exchanges. While most came up untraceable (most likely other burner phones), one was traced to a phone belonging to a land development company operated by Beatty Wiese, a well-known developer and suspected organized crime intermediary. I have included a log of calls to and from those suspect numbers. (Exhibit 11) We also conducted a search of Devin Emerson s . While we did not locate anything incriminating in Devin s In box, we did recover an thread from his/her Deleted items folder. The s appear to include a partial conversation between Devin and a BW, whom we suspect is Beatty Wiese. The indicates that Devin owed Wiese a large sum of money, but that Wiese was willing to work some sort of trade to even things up a portion of Devin s eventual

39 inheritance in exchange for debt forgiveness. (Exhibit 10 is a copy of this thread.) Upon review of the results from the lab and consideration of all evidence gathered, we obtained a warrant for the arrest of Devin Emerson. After being advised of Miranda warnings, Emerson elected not to provide a further statement. On Tuesday, October 24, 2017, Devin Emerson was arrested We already knew that Devin had both the means and opportunity to commit the murder of dear Aunt Mae. Devin s financial situation and her/his dealings with Beatty Wiese and the Chicago underworld certainly provided the motive It is true that there is no scientific method for specifically matching or identifying a particular type of accelerant from trace evidence. However, the extent of the evidence in this case excludes any other possible suspect. In my opinion, based on the shoeprints found at the scene matching Devin Emerson's shoes; the trace evidence of accelerant at the scene of the fire, on the items found in the burn pile, and on the shoes and the cash found in Devin Emerson's residence; the container of lighter fluid found in the side yard of the Carriage House; and, Devin's failure to initially disclose returning to the main house on the evening of the fire the evidence shows that Devin Emerson robbed and killed Lois Mae Alcott. Devin Emerson then intentionally set fire to Lois Mae Alcott s residence to cover up the crimes

40 STATEMENT OF SIDNEY ALCOTT-WALDEN (Victim s Sibling-In-Law) My name is Sidney Alcott-Walden. I am sixty-six years old. Lois Mae Alcott was my sister-in-law. I loved Lois Mae dearly, as did everyone who knew her. I am distraught to be involved in a murder case. It is a dark time for our family, and I want it all to go away. Not to mention the loss of that treasured historical landmark, Emerson Hall and family heirlooms countless antiques destroyed by that fire! A tragedy. That is all I can say. Miraculously, the firefighters were able to salvage the Emerson family Bible. Exhibit #5 is a photo of a page from that very Bible with the family tree. People just do not realize how valuable family treasures like that can be. Although I married into the Emerson-Alcott family, I was never made to feel like an outsider. I met Ashton and Lois Mae when we were little, and I spent many happy years at the Emerson Homestead. I was a Walden, of course, part of another important family in this part of the state. My people are from Roxbury, Iowa, just west of Brook Farm. Though who you marry is not nearly as important as it used to be Waldens, Emersons, and Alcotts all come from the same stock, you know. That is why when Ashton and I married, we both hyphenated our names, to carry on both family's lineage, so to speak. Some people in the community did not approve of our marriage, because of the eleven-year age difference. We did not care about the age difference and had a wonderful life together until Ashton died of cancer in I am well-versed in Iowa history and became somewhat of an Emerson family historian, you might say. Like any old family tree with deep roots, you will have your healthy branches and your well, deadwood. Take Devin for example. There was tragedy there with the death of his poor, young mother. Who knows how Devin could have turned out if s/he had two parents and a good home like here at the Emerson Homestead? By the time Ralph the third came crawling back to

41 Brook Farm with Devin, it was too late. Devin was plain trouble. Who knows what Ralph the third is up to now? He left Devin at the age of sixteen and never looked back. I had the family lawyers track him down in Florida a few years back and they got him to sign a power of attorney so I could manage the property for the benefit of the family. And thank goodness I did that, especially with Lois Mae getting on in years and all. And Devin and that Jaylen (a distant cousin at best) squatting here and there. And as you can imagine, the long-lost relatives are now coming out of the woodwork since that tragic day. Everyone seems to want a piece of the pie. I suppose everyone knows how valuable the treasured plot of land known as the Emerson Homestead is nowadays, especially with the area growing so rapidly. The entire plot of land encompasses approximately 850 acres of rolling landscape, wooded areas and wetlands. Oh, and of course, we all were upset when the market was collapsing and real estate values dropped significantly years ago. I have to admit, not all of my investments paid off. I suppose you could say I am still underwater somewhat on the mortgages on my house in Walden Lake and my condo in the Wisconsin Dells, but property values are going up, up, up! All I need is a little bump and no more worries. Some think I am capitalizing on the death of poor Lois Mae, but I am not. The truth is I had been trying to convince her to sell off some of the Emerson property for years with the houses in such disrepair. To be totally honest with you, I am not so sure her house needed the urging of an arsonist. That house worried me to death with her living in it all by herself. And, it is such a large piece of property. Had she just listened to my advice and subdivided the property a long time ago, she could have lived out her days in such comfort. She could have stayed in the main house and had it all fixed up. And, with a few wellplaced, well-appointed homes built on the property, what wonderful new neighbors she would have had

42 I know all this of course because I am a realtor and know the real estate business. I even had a couple of my developer friends come out and look at the property. I guess I should have told Lois Mae about that in advance. She ran one young man poor Mr. Nadipuram off with a shotgun! I am afraid all of my efforts in the two years were for nothing. She would not budge. I ve had many types of inquiries. A hotel and resort developer, the same people who run that fabulous LeRoche Hotel and Spa in Des Moines, were interested in some of the land for a destination spa. In 2016, another offer came from a wind energy company, PrairieZephyr Corp, who were looking to relocate their headquarters. They even sent their vice-president, Maggie White, out to tour the property. She seemed extremely pleased with what she saw, but Lois Mae would have nothing to do with her or her company. Just that morning the morning of her death, she and I had words about the land and our financial situation. Oh, nothing ugly, but truth be told I was irritated. I had a $5.5 million offer from a Chicago developer, and Lois Mae would not hear a word of it. I was not going to lie when I told her I would get a 3% commission equaling $165,000.00, but that was not for nothing! I worked hard getting plans drawn up, finding investors, talking with county boards, dealing with lawyers and what not. And not to mention dealing with Lois Mae now she was a peach truly. But, when it came to that plot of land she was stubborn, plain and simple. I had been working on that Chicago deal for months. I was originally contacted by a representative of BW Development International about purchasing a tract of land, If not the entirety of the property for an exclusive resort/retreat. The deal looked good, and was sweetened when Beatty Wiese himself got involved. That man is a marvel there is no wonder why his real estate company and his television shows do so well! Anyway, the offer was more than generous, but I had to inform them that Lois Mae would never agree to sell the property especially to

43 non-family members. That s when things got a little more interesting. Mr. Wiese himself asked whether a deal that included a family member might sweeten the offer. I was flattered and flabbergasted. Here I thought that he was offering me a job! Now, I suspect I know the truth. They clearly had some leverage over Devin. They inquired about succession you know, who would inherit, etc. At the time, I didn t think that questions was too odd since Lois Mae was getting up there in years. I explained the best I could about who would control the property. I really can t remember if I mentioned the power of attorney that I have for Ralph the third and how much of the estate Devin might eventually inherit. They seemed to know something about Ralph the third, saying something like, Don t worry, Ralphie s out of the equation. At some point, I must have provided them with contact information for Devin, because a little while after that, Devin started haranguing me about the land deal and her/his cut of the action. The inheritance math of the Emerson Homestead was not as simple as each of us inheriting a portion of the property. Ashton and Lois Mae s mom, Anne Emerson Alcott, was the favorite child. And out of the three grandchildren, Lois Mae was the favorite grandchild. Ashton and Lois Mae s grandfather, had a special place in his cold old heart for his sweet Lois Mae that is for sure. He treated my poor Ashton like a nuisance and hardly acknowledged the existence of pitiful little Ralph the third after he was carried off to Arkansas. Anyhow, in his will, Old Emerson devised fifty percent of his estate to each of his children (Ralph Jr. and Anne Emerson Alcott). But right before he died, he made a codicil. The old coot gave his precious granddaughter Lois Mae a life estate in the Emerson Homestead, making the condition that the property could not be sold without her consent. So, you can see, upon his passing, the property was inherited by Ralph Jr. and Anne, and then, on their passing to their children. So Ralph the third has his fifty percent; which he does not care about. And Lois Mae and I each have twenty-five percent,

44 since I inherited Ashton's share. With Ralph the third's power of attorney, I technically control seventy-five percent of the Emerson Homestead, but as long as Lois Mae was living she had the rights to control what happened to the property. Of course, Lois Mae really did not understand all of this, nor did she care. She had an unrealistic idea that the value in the property was owning it, not selling it. I tried to explain she could have it both ways by subdividing, but she would have none of it. It all came to a head the day she died. It is my greatest regret in life that we argued the last time I saw her. I will take that guilt to my grave. I will miss our time together. Even after Ashton s passing, I continued on with joining Lois Mae for church on most Sundays. She had a hard time getting around. So, the Sundays I would come, I would stay the night with her and run her to the bank on Mondays in order to make the church deposit and any other errands she needed. On the Sundays I couldn t get to Brook Farm or stay the night, Jaylen would fill in for me on Mondays. I remember we were all at church together that morning that is Jaylen, Devin, Lois Mae and me. All Souls Church had a pew bench reserved for the family with a plaque on it. The plaque was a tribute to the fact that Ralph Devin Emerson had basically donated the land where the church sits on the Emerson Homestead. He was progressive for his time and did not find traditional churches too much to his liking, so he basically established his own after the Congregationalist and Unitarian models he experienced traveling up north when he was younger. The church was given a five hundred year lease for a whopping one dollar per year. Rev. Eckley makes a big to-do of payment each year with a little tribute during the Sunday service. Lois Mae would always come forward and receive the dollar on behalf of the family and then make a show of putting it in the collection plate to a nice round of applause. It was such a nice gesture. And, of course, every negotiation I ever had on behalf of the family for development of the property ensured

45 protection of the church s interests. One would think that would have softened Lois Mae to the deal, but no. Anyhow, it was a nice church service that day a beautiful Fall day, as I recall. The church recently kicked off a capital fund drive to build a memorial and meditation garden on the side of the property near the pond. Rev. Eckley unveiled the architectural plans that Sunday, which was well received by the congregation. I socialized a bit while Lois Mae and Mel Herman counted the collection money. When they finished, we all said our good-byes and I walked Lois Mae back to the main house. We went inside and I tried to talk to her about the new deal I negotiated, which got her all riled up. I wanted to give her a minute to calm down, so I stepped outside and made a few phone calls. After I saw Mel spying on me, I then walked over to my car to get the groceries I brought her and went back inside with them. Mel loves to be in the middle of everyone's business around Brook Farm. Between All Souls and Hiller s Shop-n-Save not much gets past Mel. But everyone knows Mel is prone to exaggeration, and you cannot always count on the accuracy of what Mel says. I honestly believe that Mel created the concept of fake news. Anyway, I unloaded the groceries and fixed us a couple of sandwiches. Once Lois Mae set her mind to something, there was not much swaying her, so we ate pretty much in silence. We finished lunch and she shooed me out the door around 2:00 p.m. I left out of Lois Maes and stopped in to see my sister and her family in Roxbury for a bit. I left when they sat down to dinner around 6:30 p.m. Even though I was not expected back Sunday night since I was closing on a house for a client Monday morning, I decided to stop back by the Emerson Homestead. It was on my way home and only about thirty minutes from my sister's house. I was hoping to smooth it over a little with Lois Mae and as a peace offering walk her to the Carriage House to watch some of the baseball game with them. Personally, I

46 have zero interest in sports, but I did love Lois Mae and thought only of her happiness. Unfortunately, with traffic to Lois Mae s, I did not get there until after the game had started. I knocked on Lois Mae s front door, but she did not answer. My thinking at the time was she had already left out of there to Jaylen's since the game had already begun. So I drove my car to Jaylen s. As I opened my car door to get out, I could hear some carrying on inside of Jaylen s. The TV was up loud and there was all kinds of hooting at the ballgame. Since it was loud and I do not like sports, anyway, I went ahead and headed on home. I am lucky to have made it home I guess. Seeing as how Mel Herman about ran me into a ditch flying down the road from the church probably on the phone gossiping about someone or something or who knows what! I arrived at my house in Walden Lake around 7:40 p.m. or so and do not really remember doing much of anything the rest of that evening other than watching a couple of real estate shows on HGTV and then going to bed. I think probably House Hunters and maybe something else. I remember a young couple looking for a house in the Mediterranean or maybe the Caribbean. I cannot be sure. I just remember getting a call waking me up in the middle of the night. It was Jaylen telling me to get back to Brook Farm right away because there was a fire at the main house. I raced back to the Emerson Homestead as fast as I could. I remember seeing a lot of flashing lights and fire fighters at the main house. Before I could talk to anyone in the family, I was pulled aside by Chief Hawthorne to answer some questions. Some questions came up about the property, and I offered up a sketch of the property that I had been using in my proposals with developers. Chief Hawthorne seemed very appreciative of the property sketch (marked as Exhibit #1). On Tuesday, October 17, 2017, Chief Hawthorne indicated that Lois Mae was likely killed and the fire was intentionally set. Chief Hawthorne then asked if the

47 officers could search both of my homes and my Cadillac. I was more than willing to do anything to help with the investigation and find Lois Mae s killer. It makes sense now why Lois Mae did not answer the door when I came to get her for the game because she was probably already dead. I did not smell or see any smoke nothing. Oh, I wish I had! Maybe I could have saved her. The lawyers tell me since I am Lois Mae s closest living relative, I stand to inherit Lois Mae s 25% of the Emerson Homestead bringing my share to 50%. But, I would refuse it all if it meant getting back our precious Lois Mae and our glorious Emerson Hall with all of its family treasures. I really can t say that I was overly shocked to learn that Devin had been arrested S/he s been on a tear since coming back home. I don t know how many times I ve been called down to the Sherriff s office to pick Devin up. But I never thought Devin would go after Lois Mae. Devin must have been really desperate. I had a felling that Devin had fallen into some serious debt. There were all kinds of sketchy characters at Ralph Jr. s house day and night. I had heard that Devin had borrowed a sizeable amount from a loan shark. I honestly did not know of the alleged connection between the lender and Beatty Wiese, with whom I was negotiating the land development deal. I still have my doubts. I knew nothing about Devin s plan to sell off his/her interest in the property to pay off debts. Devin must have been in too deep to think straight. Poor Lois Mae paid the price for Devin s rash actions. And the entire family suffers from her loss

48 STATEMENT OF DEVIN EMERSON (Defendant) My name is Devin Emerson. I am 28 years old. I live at 1502 Wordsworth Road in Brook Farm, Iowa. I am not married, and I have no children. The Emersons are one of the oldest families in Concord County. My father was Ralph D. Emerson the third, grandson of Ralph Devin Emerson, who built the main house or what is known as Emerson Hall. When my grandfather, Ralph Jr., first got married, they lived with his parents in the main house. His sister Anne lived there, too, with her husband Amos Alcott and their two twins, Lois Mae and Ashton. My grandfather, Ralph Jr., converted the Carriage House to an actual house. He did all the work himself by hand so he could raise his family there. Then he went off to fight in World War II. While my grandfather was overseas in the war, my great grandfather, Ralph Devin Emerson moved my grandmother and my dad back into the main house and put Anne and her family into the Carriage House instead. The story goes that my great grandfather then made a big show of building a new house on the property for whenever my grandfather came back from the war, but my grandmother was put out, thinking it was nothing more than a shack compared to the Carriage House. Before my grandfather s house, known as Ralph, Jr.'s house, was finished, my grandfather died in the war. Shortly after, my grandmother left the Emerson Homestead and took my dad to live with her family in Arkansas. The family gossip is that my grandmother did not get along with her in-laws and was happy to leave the Emerson Homestead entirely. Everybody still calls the house built for my grandfather Ralph Jr.'s house, even though my grandparents never spent a night there. It is hard to keep track of three generations of Ralph Emersons. Fortunately, the family tree was kept in the family Bible at Aunt Mae s, which was recovered

49 from the fire. Exhibit #5 is a photo of a page from that very Bible with our family tree. I was born in Arkansas, but my mom died when I was a little kid. My dad, Ralph the third, was never quite right after that. In a way, I think he blames me for Mom s death. He brought me back to Brook Farm and moved us into Ralph Jr.'s house and tried to raise me, getting work wherever he could. I guess I did not make life easy for him. I was not a good student, and I ran around with people he did not like. When I was about fifteen or sixteen, he gave up and left. He has moved around a lot since then and I really do not know where he is now. Last I heard, he was in California trying his hand acting in a couple of those Allyn Funt FriteNite videos. But that was at least a year and a half ago. I half expect to get a knock on the door from the Sherriff informing me of some tragic accident involving my father. It really wouldn t surprise me and, quite frankly, it might give this whole sorry relationship some closure. Aunt Mae let me stay with her in Emerson Hall for a while after my dad left. She took care of me as best she could, making sure I went to school and graduated high school. She even paid for me to take some classes at Concord Community College, but I was not really into school. After that, I traveled around a little bit and moved back here about eight years ago. Aunt Mae did not invite me back to stay in the main house that time. I am not sure why. We were not close after I came back, but I still adored her like a grandmother. I needed a place to stay and did not have a job. Nobody was living in Ralph Jr.'s house, so I moved in there. I guess it should be mine anyway, although I do not really know who actually owns what. You would have to ask Sidney about those details. Living rent free is a pretty good deal for me right now. I worked for Hiller s Shop-n-Save for a while, but my boss was a real jerk. He was always riding my case and finally I just had to leave. I did get myself in a hole, owing some people money here and there, but no big deal

50 I m confident that I ll find a way to pay off my debts. I had a deal with a local financial provider. They informed me that my outstanding loans had been transferred to a Chicago-area business interest. I later learned that this was the same Beatty Wiese who I know had been talking to Sidney about developing the homestead. Sidney married Ashton Alcott, Aunt Mae's twin, who died awhile back. Sidney and Ashton never had children. Sidney's relatives live here and there, but Sidney is more part of the Emerson family I guess. Sidney has taken care of pretty much all of the family business. Sidney has a house in Walden Lake and a condo in the Wisconsin Dells. Sidney is a realtor and always seems to have some kind of deal going. I admit that I like a good party. And when the party gets going good, my friends and I can get kind of loud. Jaylen has had to come over a few times to tell us to keep it down because the rugrat was trying to sleep. Anyway, I had some people over on Friday night and the party kind of continued though most of Saturday and into Saturday night. But I was there for Church on Sunday morning. That was real important to Aunt Mae. I remember October 15, It was a Sunday. I got dressed and walked to the main house to get Aunt Mae. I meet her and Sidney and Jaylen's family every Sunday at Aunt Mae s and we walk to All Souls Church together, which is on the Emerson Homestead. Anyway, the Sunday of the fire was normal. We had nice Fall weather. Jaylen was going to cook out that day. Jaylen Whitman is my cousin somehow that works out, and I am not really sure how. Jaylen is from Aunt Mae's father's relatives. Jaylen's parents have both passed, and now Jaylen's family lives in the Carriage House. I guess Aunt Mae worked all of it out with them while I was gone. Anyway, Jaylen and I left church at about 12:30 p.m. and Sidney stayed behind to wait on Aunt Mae. Sidney was going to leave that afternoon and was not

51 expected back. Aunt Mae always counted the church collection with Mel Herman on Sundays. When Jaylen and I left from church that day, we made plans to meet back up and go to the store to get some stuff to cook out before the 6:30 p.m. game. My family has always been big Cubs fans. The Cubs were playing in the National League Championship Series in Los Angeles, so we were going to watch the game at Jaylen's later that evening even Aunt Mae. I don think Aunt Mae much cared about sports in general, but she lived and breathed Chicago Cubs baseball. I m just glad that she got to see her beloved Cubbies win it all before she died. So, I went to my house, got changed and whatnot. About an hour later, I went with Jaylen to the store and picked up some drinks and food for cooking out. When Jaylen and I got back from the store, the SUV was making a strange noise. When Jaylen turned off the SUV in the driveway, it made some kind of a lurch and a clunk. When we got out to look and see what was wrong, there was oil all over the driveway. Jaylen pulled the SUV off to the grass and put some cardboard under it. I pulled out the container of lighter fluid like the one marked as Exhibit #2 from the backseat of the SUV and poured it on the oil spill. Lighter fluid got everywhere, even on my shoes. Later on, Jaylen cooked up some burgers. We ate and hung out for a while. I took that opportunity to ask Jaylen to help me out, which was a waste of time. I ve gotten a little sideways with one of the people I borrow money from and was trying to raise some quick cash. Jaylen gave me fifty-five dollars, like that was some big deal. Jaylen and Miller like to poor-mouth, but they both have great jobs and live in the Carriage House for practically nothing. Miller is just cheap. I surely never would have asked Aunt Mae for money. I do not know where anyone got that idea. Aunt Mae did not get out much and did not really understand what things cost these days. I remember wanting to go to the movies as a kid and asking her for money and she would hand me a dollar bill. I mean a dollar for a movie

52 Really? She meant well, but she was from a different time. Even if I told her I was in trouble and needed money, she would probably hand me a ten thinking it was enough! Anyways, it was nothing I could not handle, given some time. I know that Jaylen thinks I m paranoid, but I ve noticed some strange things around the homestead lately. And I ve felt like I ve been watched and followed. It seems like this all began when I first started talking with that Beatty Wiese character. Honestly, that s where you should be directing your attention. Wiese s people are some seriously scary dudes. Anyway, a few people dropped in and out for the cookout at Jaylen s, cousins and whatnot. By about 6:30 p.m. everyone had left but Jaylen and me. Like I said, I had planned on watching the Cubs play the Dodgers at the Carriage House, but I changed my mind and I was tired. See, Miller and the baby were out of town staying with family in California. And, Jaylen had to stay back because of work. Jaylen and Miller decided they were going to video chat during the game oh what fun. So, I went to the main house to get Aunt Mae and take her back to the Carriage House to watch the game with Jaylen. Aunt Mae seemed upset when I got there. When I asked her what was wrong, she said, "Oh, nothing. Don t worry about it." I tried to get her to at least go to Jaylen's to eat since she did not eat burgers with us earlier. But, she said she was not hungry and that Sidney had fixed her some lunch earlier. The way she spat out Sidney told me that Aunt Mae and Sidney must have had a row earlier. She said she was tired and wanted to go on to bed early. I offered to stay and watch the game with her if she did not feel like going down to the Carriage House, but she said she might not watch anyway. That was weird. Aunt Mae loved her Cubs and had been following the post-season and even mentioned how much she was looking forward to the game on the way to church that very morning. I asked if there was anything else she needed and she said no. I

53 gave her a hug and a kiss, left her there, and headed back to my house. I do not remember leaving out the back door, but I might have. I got back to my house just after the start of the game about 7:00 p.m. or so. As I was entering my house, Jaylen yelled out asking about Aunt Mae. I responded that Aunt Mae was not coming and to go on and watch the game without us. I watched the game by myself. I could hear Jaylen hollering all the way from the Carriage House during the game. I tried to watch the game, but my heart was not in it. Not to mention, I was stuffed from dinner and tired. I must have fallen asleep around 8:45 p.m. The next thing I remember is waking up to the sound of sirens. It was like the whole world was crashing down. I jumped up and ran outside. There were emergency vehicles and so much chaos that it took me a few minutes to get oriented. When I realized the main house was on fire, I quickly ran over there. An officer saw me getting close to the house and grabbed me, holding me back. I told them Aunt Mae was in there and they had to get her out. The fire department finally got the fire out. The house was ruined and it was devastating to see. It was even worse when they carried Aunt Mae's body out. I could not believe it. I was in such shock. I do not even know what I told Chief Hawthorne the night of the fire. On the Tuesday after the fire, Chief Hawthorne and some officers came back and said they suspected that someone killed Aunt Mae and set her house on fire to cover it up. Of course, I agreed to cooperate with the investigation in any way I could. I answered all of the Chief s questions as best I could remember. I thought nothing of it when Chief Hawthorne asked if my house could be searched. I did not have anything to hide. They took the athletic shoes I was wearing at the cookout that Sunday (marked as Exhibit #7 (A and B)). And, they took the money that Jaylen gave me. Then, they showed me a wad of money they said they found in the kitchen cabinet, but I had never seen that before. They also took my laptop and

54 my cellphones. Yeah, I have two phones. One is for personal calls and stuff and the other is for business dealings. Someone from BWDI had given me the phone a few weeks earlier and instructed me to use only this phone to call numbers provided at specific times. It never occurred to me that I could be arrested for something so horrible. Did I owe some people some money? Yeah. Was I worried about coming up with the money? Yeah. Would I kill my own family for it? No. No way. I did not kill my Aunt Mae. She was fine when I left her. I did not take her purse or the church money. I never went to the burn pile that night. I left out of her house and took the path straight to my house. I do not know who did it, but it was not me. Listen, at this point, all I want out of this is for the trial to be over, get my cut of whatever s coming to me, and get the heck out of here. Maybe my dad was right. This whole family is toxic. You ve got to get lost to survive

55 STATEMENT OF JAYLEN WHITMAN (Defendant s Cousin) My name is Jaylen Whitman. I am thirty-two years old. I live at 101 Longfellow Circle in Brook Farm, Iowa. I live with my spouse, Miller, and our adopted son, Chaucer, who is four years old. Miller is from the Los Angeles area, and I went to the UCLA. That is how we met. I am a lab technician at Concord County Hospital. I work nights Tuesday through Saturday. Miller works days as the scheduler for a medical group in Dubuque, so we share the child-rearing responsibilities. We can also share a vehicle with our schedules, which is good. We have had some tight times. Miller was out of work for a while when the economy went bad. Plus, we both owe student loans and have some bills related to the adoption. We are not rich, but we are happy with what we have. We are certainly grateful to Aunt Mae for letting us live in the Carriage House. Aunt Mae is not really my aunt. Her father, Amos Alcott, was cousins with my mother Ruth. But everybody just called her Aunt Mae, family or not. I brought Miller to a family reunion at the Emerson Homestead right after we first got married. We found out then that the Carriage House was vacant, so we made arrangements with Aunt Mae to rent it from her. We practically had to twist her arm to take any money at all, but finally got her to agree to take $ a month. To be honest with you, I think she turned that money right back around and put it in the church collection at All Souls Church. Well, anyway, church was still a real big deal for Aunt Mae even though she was starting to have some trouble getting around. She was devoted to All Souls. She planted flowers there and made sure something was blooming pretty much year-round, either outside or in. She was big into the ladies' group at church, even as she got older and it was more difficult for her to get around. A pot luck, a fall carnival, whatever was going on, she was like a queen with her court. She served as

56 the church treasurer for as long as anyone could remember. Miller sometimes expressed concern about her taking the church money home to deposit the next day, but I was not worried. We live way out in the country, and folks out here are trustworthy. Even if someone was intent on getting to Aunt Mae and her little church deposit, there is no way they could get to the main house known as Emerson Hall without us knowing. The Carriage House sits at the fork in between the driveway to the church and the main house. A car cannot get onto the property without us hearing it or shining lights into our windows. Sunday is really the only day there is any real traffic coming through the Emerson Homestead on account of church. The rest of the week it is just Rev. Eckley and Mel Herman driving in and out on church business and when Sidney stopped in to check on Aunt Mae. Sidney would come to church most Sundays. If Sidney stayed over on a Sunday night, s/he would get up the next morning to run Aunt Mae on her errands and take her to make the church deposit. I would fill in for Sidney and run Aunt Mae around on Mondays when Sidney couldn t do it. I can always tell Sidney's coming around because of the sound that old Cadillac makes. That old thing has got some kind of squeak you can hear from the time it turns off of Wordsworth Road onto Longfellow Circle. I remember the day of the fire quite vividly. I walked over to the main house. Sidney was already there, and Aunt Mae was ready for church. We all walked over to church together, even Devin. Devin tends to stay out late with friends and Saturday night festivities often interfere with Sunday morning activities. But, Aunt Mae was tickled to see Devin at the main house that morning because it had been some time since Devin had gone to church with us. Aunt Mae confided in me that she was concerned about Devin's situation. Aunt Mae said Devin had been asking her for money, and it was more than she could afford. She said Devin seemed put out with her that she could not help out. As long as I have known Devin, Aunt Mae

57 was helping her/him. Devin has never been how do I say this focused? ambitious? Devin has a great personality lots of fun fun-loving. Devin is becoming more and more like his/her father and lacks responsibility. After all, Devin s father was no parent that is for sure. Aunt Mae practically raised Devin and Devin adored her. I would not say Aunt Mae was upset with Devin lately. She was worried more than anything. Devin hangs out with some shady characters. There are lots of comings and goings at all hours of the day and night at Ralph Jr.'s house. I didn t always hear or see that traffic, but frequently there are lights on at the house all hours and the driveway full of vehicles. A couple of times, I ve had to call or go over there to ask Devin to keep the noise down for Chaucer s sake. Aunt Mae's worry could have been well-founded. I try not to mess too much in other people's business. The church service ended at 12:30 pm. Sidney stayed back to wait on Aunt Mae, and Devin and I proceeded to head to our homes. I said goodbye to Sidney before leaving. I confirmed with Sidney that I would drive Aunt Mae on Monday morning since Sidney was leaving that afternoon. Around 1:30 p.m., Devin and I drove to the store to get some stuff for cooking out. I remember Devin picking up this huge container of lighter fluid. I laughed and said, "We were only cooking some burgers, not having a bonfire." It is a good thing Devin got the large size, though. We ended up using about half of it on the driveway when the SUV leaked oil everywhere. I guess we were thinking it would work like turpentine or mineral spirits or something. Instead, it ended up being a bigger mess. The plan was for me, Aunt Mae, and Devin to watch the baseball play-off game together at the Carriage House. I wouldn t miss a big game between the Cubs and the Dodgers. My northeast Iowa family members are all Cubs fans, of course, but Miller and I are Dodger fans, through and through. It was such a nice day, unseasonably warm for mid October. Miller and Chaucer flew out of town to visit

58 family in California. I could not get off work, but it was my mother-in-law s sixtieth birthday, so they went without me. Devin and I just hung out in the side yard, eating some of my famous burgers. A few people came and grabbed some food and sat for a while. After everyone left, Devin asked me for some money. I was surprised. Devin never asked me for money before. I was happy to help, but I am very careful about keeping a budget, and we simply did not have any money to spare that month. Especially, since we had the extra expenses with Miller visiting in California. I had fifty-five dollars left in my wallet, so I gave it to Devin and promised I could pitch in more after I got paid again on November first. Devin shrugged it off. Devin said not to bother and that it would all work out and left to go get Aunt Mae. Now, I must say that Devin seemed edgier than usual in the couple of weeks leading up to Aunt Mae s death. Looking back, it seems clear that something was really weighing on Devin s mind. At the time, I chalked it up to the usual party hang-over, not enough sleep, etc. At one point, Devin told me that s/he was afraid that there were people on the property late at night kind of a stalking situation. I just joked about it, saying something like, Devin, you ve got strangers at your house ALL of the time. Apparently, that was the wrong thing to say, since Devin just got more morose and more paranoid. Anyway, Devin headed to the main house to see if Aunt Mae wanted to come down for the game as planned. After Devin left, I doused the coals and walked over to dump them on the burn pile (marked as Exhibit #6, Photo #1). As I was headed into the Carriage House, I saw Devin walking into Ralph Jr's house. I yelled over and asked if they were coming over for the game. Devin responded, "No. Aunt Mae is too tired. I am just going to watch from here." I asked if I should take a plate to Aunt Mae, but Devin said I should not disturb her and that she had already eaten. I did not see or hear anyone after that until the fire

59 Miller and I video chatted while we watched the ballgame. We always record our video chat sessions because Miller is making a video scrapbook for Chaucer. We record just about everything. I get a little excited during baseball play-off season and that was not a good night for Cubs fans. But Dodger fans sure had a lot to cheer for! It was a really great game and we watched to the very end and a few minutes after, still celebrating the walk-off home run from Justin Turner. I said good night to Miller, logged off the video chat session, shut down the laptop, and headed to bed. I was brushing my teeth when I noticed a strange orange glow coming through my bathroom window. I looked through the blinds and saw flames coming from the main house s windows. I guess that is when the adrenaline kicked in. I grabbed my cell phone and dialed 911 as I ran to the main house. The defense attorneys showed me the 911 detail report (marked as Exhibit #9) and it accurately depicts the conversation I had on the night of October 15, I remember thinking I needed to get inside and get Aunt Mae, but there was no way. I ran onto the porch, but the smoke and heat were too much to even get to the door. I ran back and around the left side of the house, hoping I could get in through the back door, but it was worse back there. I was crying out for Aunt Mae at the top of my lungs so much I was gulping in smoke and soot. I kept looking for a way into the house with the flames and felt utterly hopeless. Then it hit me. I had stopped on the far side of the house, doubled over trying to catch my breath, when something caught my eye behind me. The burn pile was on fire. I remember thinking, "It's my fault. I started the fire when I dumped the coals. I killed Aunt Mae." That is when I must have passed out, because I woke up in the ambulance getting oxygen. When I came to, I called Sidney about the fire. EMS released me once my oxygen levels were good. As it turned out, the fire was too involved for the firefighters to get to Aunt Mae and we lost her that night. After Aunt Mae was taken away and the fire was out, Chief Hawthorne asked me some questions

60 On Tuesday, October 17, 2017, Chief Hawthorne and some officers came out to the Emerson Homestead. Chief indicated that they suspected Aunt Mae had been killed and her house was most likely set on fire to cover it up. I was shocked. Chief Hawthorne and the officers were out there to do further investigation. I was willing to do whatever I could do to help. I was with the Chief when the officers searched my house and yard. They even checked all of our athletic shoes. I was surprised when they found the container of lighter fluid (marked as Exhibit #2) by the Carriage House in the side yard. I never would have left it there out of concern for my child s safety. I distinctly remember putting it up on a shelf in the carport when I was cleaning up after the cookout. I also know that the container was about halffull at the time I put it away. Chief Hawthorne asked me some more questions about that Sunday. I provided Chief a copy of the recorded video chat session with Miller I had that Sunday night by downloading it from my laptop. I understand now that I was just overcome by the fire and the fire was not my fault. I cannot imagine anyone in our family being responsible for Aunt Mae s death especially Devin, who adored her like a grandmother. It does not add up. I cannot explain it. After the cookout, no other cars came on to the property that I know of. I do not know why anyone would want to hurt Aunt Mae. Whoever killed her did not have to kill her for the money. She would have given it to them. Everyone loved Aunt Mae. Our son asks about her now all the time. It is hard to explain to him that she is no longer here. It is all very sad

61 STATEMENT OF PARKER PUTNAM (Insurance Investigator) My name is Parker Putnam. I am 60 years old. I am semi-retired and occasionally work on a contract basis as an insurance investigator for insurance companies. I work out of an office in Madison, Wisconsin. I had a 24-year law enforcement career beginning in 1983 and retiring in During my career, I served as a firefighter, a Fire Service Principles and Practices Instructor, a Fire/Arson Investigator, and the Chief Investigator all for the City of Chicago Police and Fire Department. During my tenure with the Chicago Police and Fire Department, I started out as a firefighter and was promoted to the Assistant Training Officer within five years. I was certified as an instructor in Fire Service Principles and Practices in I instructed programs in all aspects of fire and arson investigation for both the Illinois Fire Academy and the National Fire Academy and numerous local, state, and federal agencies, including the U. S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Academy. I was appointed to the Department's Fire/Arson Investigator position in 1995, which required extensive forensic knowledge. From there, I was promoted to the position of Chief Investigator in As Chief Investigator, I managed all criminal investigations concerning fires, explosives, and forensics within the jurisdiction of the City of Chicago I have successfully completed over 4,800 hours of specialized training in fire cause determination, fire/arson investigation, explosives, shoeprint and fingerprint analysis, forensic analysis, criminal justice, and numerous other fire service and law enforcement courses. I have completed courses of study at several institutions of higher education including the University of Illinois and the Feinberg School of Medicine at Northwestern University. I have physically investigated over 5,000 fire

62 scenes. I have participated in over 350 live fire test burns, exercises, and fire related research projects assisting agencies, including the ATF. I have been qualified as an expert in fire cause determination, arson investigation, and forensic analysis in both state and federal courts. I am a member of numerous professional organizations in addition to International Association of Arson Investigators (IAAI), including: The National Fire Protection Association (NFPA), the International Association of Fire Chiefs (IAFC), the Illinois Insurance Fraud Investigators Association, the International Academy of Forensic Sciences (IAFS), and the Illinois State Firefighter's Association I was dedicated to my job with the City of Chicago. It is true that I was fired, but it was based on false allegations. I was accused of stealing public funds by creating false expense reimbursement sheets. It was all a lie. In fact, they had to find a way to get rid of me because I was raising serious concerns about the quality of some of the investigations at the department. Over time I started to see investigators lapsing into sloppier and sloppier practices, even pushing the lines of ethics to get convictions. This was especially true with the younger, newer investigators and police officers, coming in with less training and experience, while older, more seasoned employees were incentivized to leave with early retirement deals to save the department money. I would not take the deal, so the higher-ups had it in for me. Then when I started to complain about the lack of quality in some of the arson investigations that threatened our arrest and conviction rates and even called into question the validity of some of the guilty verdicts, the higher-ups trumped up charges and forced me out. I was humiliated in the press and lost my pension. Now I dedicate my work to exposing sloppy investigations and protecting innocent people like Devin Emerson from wrongful convictions

63 I have also been called in to do departmental reviews in the wake of scandals and high profile cases. For example, I reviewed the procedures of the Danville Police Department in 2011 after the tragic death of that poor little girl poisoned by her grandparent. I also undertook a complete procedural review of the Gotham City Police Department 2 years ago after the Robin Wayne case rocked the world In this instance, I was retained by the Allsfair Insurance Company that insured the entire Emerson Homestead, to include all of the residences and church. I was hired to review the evidence gathered in the investigation on the death of Lois Mae Alcott and provide my expert opinion. I have reviewed all of the exhibits in rendering my opinions and in preparation for the trial of this case. Based on my review of the exhibits, I render the following opinions, to a reasonable degree of scientific certainty: (1) The fire was intentionally set; (2) The trace evidence of a petroleum based liquid consistent with an accelerant collected was inconclusive; (3) The time that the fire was started is indeterminate; and, (4) The investigation of the fire and the death of the victim was inadequate. Therefore, it is my expert opinion that there is no reasonable means to determine who set the fire. My fee for this investigation and report totaled $9, It was paid by the insurance company. I am not charging a fee to testify at the trial I agree with the assessment of Chief Nat Hawthorne that the cause of the fire was an item soaked in accelerant ignited by the stove in the kitchen of the residence. The fire spread with the assistance of an accelerant distributed throughout the kitchen. Although I have no doubt that the fire was intentionally set, I cannot conclude that it was set by the defendant or any other particular individual. The trace evidence of accelerant collected from the lighter fluid container, the defendant's athletic shoes; the bills; the countertops, walls, ceiling joists, and

64 flooring in the kitchen; and, the items found in the exterior 'burn pile' is insufficient to link the arson to a particular individual. In fact, it is impossible to conclude that the accelerant samples all came from the same source Often, fire investigators need to identify similarities between samples of known flammable and combustible liquids collected at the scene (such as those found in containers or obtained from other sources near the fire scene) and flammable and combustible liquid residues found in fire debris. Flammable and combustible liquid residues in debris samples may come from sources inherent to the scene, or may be brought to the scene from another source. While trace evidence from the countertops, walls, ceiling joists, and flooring in the kitchen tested positive for the presence of a petroleum based liquid, there is no reliable scientific method for determining that the liquid sample from the lighter fluid container was the same product as contained in the debris samples from the kitchen. Further, no other liquid samples were collected or tested for comparison. We do not know if any other liquid accelerants that might be the source were present in the house or elsewhere on the property. Chief Hawthorne did not find any evidence of an accelerant source on the night of the fire. However, on October 17, 2017, Chief Hawthorne found the lighter fluid container, concluded it was the fire source, and looked no further Comparisons are often requested by fire investigators when statements, evidence, or circumstances indicate that an accelerant may have come from a specific source, like a suspect's automobile or a nearby gas station, or in this case, the lighter fluid container. Forensic science analysts can occasionally discriminate between samples of similar materials as having clearly different sources. However, if no differences are found, the strongest statement which can be made is that the

65 samples might have had a common source. This is due largely to the near impossibility of accounting for every possible source. The best samples for such comparisons are liquid-to-liquid samples. It is much more difficult to determine a common source using liquid samples and debris samples, such as we have in this case. Most flammable and combustible liquids used to accelerate the spread of a fire are products refined from crude oil. Crude oil and its refined products, such as gasoline, kerosene, and diesel fuel, are complex mixtures of thousands of different organic compounds Further, the trace evidence collected from the defendant s athletic shoes, the cash found in the defendant's living room, and the victim s purse and its contents found in the burn pile cannot be definitively traced back to the accelerant found in the debris samples. The only common factor between all samples is the presence of a petroleum based liquid consistent with an accelerant. Even assuming that the accelerant is the same as that found in the lighter fluid container, it can be traced back to the defendant's and Jaylen Whitman's activities at Whitman's residence earlier in the afternoon of October 15, Again, while all of the samples might have a common source, the evidence cannot establish that with any degree of certainty I am also concerned about the adequacy of the investigation process itself. To start, a day passed between the fire and the start of the homicide investigation. The Chief also concluded that the defendant committed the crime based on two key pieces of information: One, the defendant's shoes match shoeprints found on the sand walking path between the residence of the victim and the residence of the defendant. Second, traces of accelerant were found on the defendant's shoes and the money found inside the defendant s residence

66 Shoeprints are different than fingerprints. Fingerprints are unique to everyone and present specific loops, whorls, and arches that can be identified to a specific person. Shoeprints are not unique and there is no way to determine whose actual foot was in the shoe at the time the shoeprint was made. While the evidence collected suggests that the defendant was on Emerson Homestead, this comes as no surprise, since the defendant lives on the Emerson Homestead. Therefore, the defendant would have reasonably relied upon the sand walking paths to travel to and from the different buildings located throughout the Emerson Homestead. Additionally, the defendant s shoeprints only account for two of the six found. The four unidentified shoeprints could belong to the person who committed the crime. Unfortunately, we will never know because the officers failed to sample the shoes of other potential suspects on the night of the incident, specifically Jaylen Whitman and Sidney Alcott-Walden. The officer waited until two days later. This critical delay allowed plenty of time for the criminal to dispose of his/her shoes. Moreover, had shoes been recovered, the police have nothing to compare them to due to the casts of the four unidentified shoeprints inexplicably disappearing Additionally, I believe that there is no value in the evidence that the currency collected during the investigation had traces of accelerant. The investigation report shows that the cash collected from the kitchen cabinet in the defendant's residence was placed in the same evidence collection bag as the cash found on the coffee table. The fact that traces of accelerant were found on cash from both sources is not at all surprising given the fact that this evidence was likely cross-contaminated in the collection process. The loose cash collected was most likely given to the defendant by Jaylen Whitman after the two used lighter fluid to clean an oil spill. Accelerant by its very nature is combustible because of its evaporation point. Once an item carrying an accelerant is placed in a closed container, such as an evidence

67 bag, the evaporating gas collects in that container. As a result, all items in that container may then show traces of accelerant. We do not know which of the bills actually had traces of accelerant on them prior to being placed in the evidence bag because the bills were not tested until after being held in the bag for some period of time. It may be that the bills from the coffee table contained traces of accelerant following the defendant and Whitman's handling of lighter fluid while at the Carriage House. Or, it may be that the bills from the victim's purse contained traces of accelerant. Unfortunately, there is no way to know, given the mishandling of this evidence Having lived and worked in Chicago for many years, I am familiar with Beatty Wiese and his real estate development empire. Mr. Wiese was always supportive in any investigation undertaken involving his properties, a few of which were torched by arsonists during my tenure with Chicago Police and Fire. Mr. Wiese s interests go beyond the city of Chicago, so I do not find it unreasonable that he might reach out to owners of large land holdings in the area for possible development. And if he could give a financial hand up to someone wracked with debt, more s the better. I don t find anything untoward in the recovered by Chief Hawthorne nor do I find it unusual that there would be a number of phone conversations surrounding a potential land deal. This portion of the evidence is clearly trumped up to cast a dark cloud on both Devin Emerson and Beatty Wiese Therefore, it is my expert opinion that the fire was intentionally set, the samples of accelerant were inconclusive to point to any specific individual, the time the fire started was indeterminate, and the investigation conducted by Chief Hawthorne was completely inadequate

68 EXHIBITS

69 EXHIBITS LISTING (AVAILABLE TO BOTH PARTIES) The parties have stipulated to the authenticity of the trial exhibits listed below. The Court will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have reserved any objections to the admissibility of any of these exhibits until the trial of the abovecaptioned matter. The trial exhibits may be introduced by either the Prosecution or the Defendant, subject to the Rules of Evidence and the stipulations of the parties contained in the materials. # EXHIBIT DESCRIPTION 1 Property Sketch of Emerson Homestead 2 Lighter Fluid Container Photo 3 TV Guide Listing for October 15, All Souls Church Weekly Collections for October 15, Emerson Bible Family Tree Photo 6 Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet 7 Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts 8 Investigation Report Detail Report for October 15, Thread Recovered from Devin Emerson 11 Cell Phone Records of Devin Emerson The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on other evidentiary issues

70 Exhibit #1: Property Sketch of Emerson Homestead All Souls Church

71 Exhibit #2: Lighter Fluid Container Photo FLAMESFORD Charcoal Lighter Odorless & Quick Starting 64 FL.OZ. DANGER: Harmful or fatal if swallowed, combustible. Keep out of reach of children. Petroleum based. Read precautions on side panel. 2QT (64 FL OZ) 1892mL

72 Exhibit #3: TV Listings for October 15,

73 - 73 -

74 Exhibit #4: All Souls Church Weekly Collections for October 15, 2017 All Souls Church Weekly Collections Week of Sunday, October 15, 2017 Checks: E. Dickinson (#3767) $25.00 L.M. Alcott (#9809) $ J. Bartley (#302) $35.00 J. Whitman (#4466) $25.00 A. Irlbeck (#222) $50.00 E. Keast (#367) $45.00 Total Checks: $ Cash: Fifties (2): $ Twenties (46): $ Tens (36): $ Fives (39): $ Ones (62): $62.00 Total Cash: $1, Total Collections: $1, Counter #1: Counter #2: mh LMA 102 Longfellow Circle phone (563) Brook Farm, Iowa Fax (563)

75 Exhibit #5: Emerson Bible Family Tree Photo

76 (Page 1 of 2) Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

77 (Page 2 of 2) Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

78 (Page 1 of 3) Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

79 (Page 2 of 3) Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

80 (Page 3 of 3) Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

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