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|10-12-02: Deputy testifies Kim
husband was still alive after she shot him
|By SHELLEY GRIESHOP
The Daily Standard
DEFIANCE - Kimberly Anderson told a sheriff's detective she thought her
husband may have still been alive when she ran from her home after shooting him to death
more than a year ago.
Auglaize County Sheriff's Detective Sgt. Dennis White took the stand
Friday, for the second time this week, and recounted Kimberly Anderson's statement
following the Sept. 2001 shooting.
"I had asked if there was any indication he was still alive and
specifically asked if he said anything," White told jurors during questioning by
Kimberly Anderson's attorney, Alan Konop of Toledo. "She didn't recall him saying
anything. I think she thought he may have been still breathing."
After calling 13 witnesses Friday, the trial was adjourned for the
weekend and will continue again on Tuesday with more testimony for the
Kimberly Anderson was indicted in December 2001 for charges of
aggravated murder, murder and voluntary manslaughter. If convicted of the most serious
charge, she faces a life in prison with parole after 20 years. She has claimed
self-defense as her reason for shooting her husband.
White was one of three sheriff's officers called back to the stand
Friday for the second time this week. Also returning were sheriff's deputy
Brent Henschen and Detective Mike Eberle.
White said Kimberly Anderson also discussed allegations of sexual abuse
by her estranged husband, Brent Anderson, against the couple's children, two boys ages 3
and 1. Kimberly Anderson testified this week the shooting culminated in an argument
between the couple that began when she confronted him about the alleged sexual abuse.
As the sexual abuse allegations became the topic of testimony many
times Friday, Auglaize County Judge Pepple repeatedly warned the five men, seven women
jury that the allegations were to only be used to show the defendant's state of mind prior
to the shooting.
In testimony Thursday and Friday, several defense witnesses said
Kimberly Anderson recited her concern to them about 3-year-old Eric who had allegedly told
Anderson's older son, T.J. Nester, and later Kimberly Anderson herself, that "Daddy
put mustard on my wee wee and licked it off."
Pat Knippen, administrator for Auglaize County Children's Services,
also testified Friday for the defense. Knippen detailed her conversation with Kimberly
Anderson the evening of the shooting. She said Anderson discussed her husband's
"bizarre" behavior the weeks prior to the shooting. She also told Knippen about
Ericıs statement to her and T.J. about "mustard on the wee wee."
Knippenıs interview with Kimberly Anderson took place at Joint
Township District Memorial Hospital where specimens were taken from the boys. The
children's clothing were also confiscated for testing and a call was made to Anderson's
neighbor, Tricia Nester, to retrieve the diaper 1-year-old Ryan was wearing when his
father brought him home.
All the tests on the clothing and specimens came back negative,
according to earlier testimony.
Knippen also testified that Kimberly Anderson is still under a
court-ordered "safety plan" with children's services, meaning she is not allowed
to be alone with any of her four children.
Under cross-examination by Pierce, Knippen said no sexual abuse reports
were ever filed against Brent Anderson the week of the shooting, despite Kimberly
Anderson's alleged concerns.
Tricia Nester of Wapakoneta, whose husband, Wayne, is a brother to
Kimberly Anderson's former husband, Dale Nester, also took the stand.
Nester, who lives only 1/8 of a mile down the road from Kimberly
Anderson, recalled retrieving Ryan's diaper from her trash can the night of the shooting
after the young children were taken to her home that afternoon. Nester's daughter, Kristin
testified she changed Ryan's diaper that day at the Nester residence.
Tricia Nester told jurors she received a call from Kimberly Anderson
late the evening of the shooting and was told to retrieve the diaper for evidence.
"I went to the trash can and got the diaper, put it in a plastic
bag, then into another plastic bag," Nester said.
Tricia Nester said it was several days later and the diaper still
remained at her home, so she called Kimberly Anderson's mother, Sue Allen, and told her no
one had retrieved it.
Sue Allen, who also testified Friday, said she and Kimberly Anderson
picked up the diaper from the Nester home three days after the shooting, and delivered it
to Knippen. Knippen testified that she later brought the diaper to the sheriff's office.
Also testifying Friday were Dr. Wilfred Ellis of Lima, and his
housekeeper, Jacquelyn Parent. He identified himself as a professional colleague of Kim
Anderson, who is a physical therapist, as well as a friend.
Both Ellis and Parent told jurors about an incident that occurred at
Ellis' home in late spring 2001, when a man posing as a cable representative attempted to
enter the home. The man politely left after being refused entry, Parent said, but she
later identified him as Brent Anderson when she saw a picture of him in the newspaper
following his death.
Ellis also testified that Kimberly Anderson called him the evening
before the shooting and they discussed concerns she had about the sexual
abuse allegations made by Eric.
During cross-examination, Auglaize County Assistant Prosecuting
Attorney Amy Fox accused Ellis of not reporting the alleged abuse information to the
proper services. Fox said as a doctor, Ellis was a "mandated reporter," a
professional who is required by law to report any abuse allegations presented to him.
Ellis said in this case, he was not.
"I didn't receive the allegations from the children, ... the
information came from Kimberly," he explained.
Ellis, under oath, said he told Kimberly Anderson to get the children
their family doctor on Tuesday and told her to not confront her husband.
Deputy Mike Eberle, the last witness to take the stand on Friday,
explained how he received the diaper belonging to Ryan. Eberle said, while testifying for
the defense, the diaper was given to him by Knippen, who received it as evidence three
days after the shooting.
"I immediately took it to the evidence room area," Eberle
said. "It was very wet. I knew I couldn't put it in the evidence room wet, so I took
it to the evidence lab, opened it up and left it dry."
On Sept. 14, Eberle noticed something in the diaper as it was drying -
a hair. A copy of the DNA testing report of the hair, contained in the case file, revealed
it was a pubic hair that also matched the DNA of Brent Anderson.
Konop is expected to bring in more witnesses on Tuesday, with the
prosecution possibly finishing up rebuttal witnesses Wednesday. Pepple said heıd like to
hear closing arguments early enough Wednesday to give the jurors time to begin
deliberating that afternoon.
Auglaize County Judge Frederick Pepple told the courtroom full of
spectators Friday. After jurors were dismissed at 2:45 p.m., Pepple discussed scheduling
for the rest of the trial. Konop is expected to bring in more witnesses on Tuesday, with
the prosecution possibly finishing up rebuttal witnesses Wednesday. Pepple said he'd like
to hear closing arguments early enough Wednesday to give the jurors time to begin
deliberating early Wednesday afternoon.
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