New charges to be decided by Sept. 13
Pending the outcome of a judge’s decision, Jeffrey Adams may be facing first degree murder charges in the death of his wife, Angela, in their Marquette home on Feb. 26.
Adams appeared before Hamilton County Court judge C. Jo Petersen in Aurora on Monday to be arraigned on charges of first degree, premeditated murder filed by the state. Hamilton County Attorney Douglas Dexter told the court he had filed amended information to change the charge on the basis of new evidence that had come to light during the investigation.
Adams was initially arrested the afternoon following his wife’s death when he turned himself in at the Hamilton County Sheriff’s Office and told authorities he and Angela had gotten into an argument which resulted in mutual battle.
At that time Adams was arrested on charges of second degree murder and jailed in the Hamilton County Jail on a bond totaling 10 percent of $1 million. Trial on those charges was set to begin Nov. 6.
At Monday’s hearing Dexter was again assisted in court by Assistant Attorney General Sandra Allen, while Adams was represented by his attorney, Matthew McDonald.
In his opening statement, Dexter said the original charge was based on Adams’ statement following the arrest in which the defendant admitted he had hit his wife several times that night. Dexter said his evidence would show that the couple was seen and heard to be arguing for about 10 minutes. Dexter alleged that after the initial fight, the victim had taken off the clothes she had been seen wearing at the beginning of the altercation and had changed into night clothes. He alleged that during that time, Jeffrey Adams had left the house but then returned to the bedroom where the fight had become physical again.
Dexter said autopsy evidence would show that Angela had died of blows to the head and strangulation, “not just blows thrown in anger.”
“The evidence will also show one of the causes of death was strangulation,” Dexter stated.
In a rebuttal McDonald said there were eyewitnesses to the fighting, which he said was mutual, but he denied any premeditation on the part of his client.
The state called two witnesses to support its case for filing the new charges, Nebraska State Patrol investigator Tony Kavan and Anne Boatright, forensic nurse coordinator for the Attorney General’s office.
Kavan told the court he had been assigned to the case as lead investigator shortly after Adams’ body was discovered. Dexter walked Kavan through a series of 18 photos taken by crime scene investigators which showed what appeared to be blood on bedding, clothing and the wall of an adjoining bathroom. The last several photos showed a pack of Marlboro cigarettes sitting on a deep freeze.
Kavan testified that all of the stains the investigators had believed to be blood when the photos were taken were later proved to be blood.
Along with the photos Dexter also entered into the record the autopsy report and other documents. In answer to questions from Dexter, Kavan also testified that when meeting with Adams following his arrest, he did not appear to have any marks on his face, but did have some on his left hand.
Under cross examination by McDonald, Kavan said he had watched the video of Adams’ interview following his arrest. When asked whether Adams had admitted to premeditation during the interview, Kavan replied, “No.” He also stated that Adams had said he knew he had hurt his wife but did not intend to kill her.
At one point during the questioning, Kavan was asked by McDonald if he believed there was enough evidence to prove premeditated murder. Dexter objected to the line of questioning and the judge ruled it out of order.
Under examination by Allen, Boatright spent much of her time on the stand reviewing her credentials as a forensic nurse specializing in investigation of sexual assault and especially cases of strangulation. She testified regarding the physical signs, methods and the amount of physical pressure and time required to strangle a person.
Under cross examination by McDonald, Boatright was pressed as to whether she had reviewed the findings of the autopsy and whether she had any disagreement with it based on her expertise. She said she had no disagreement.
In summation, Dexter told the court the evidence had established a timeline of 10 minutes during which the couple was seen and heard to be arguing. He stated there was plenty of time for reflection and premeditation on the part of Jeffrey Adams and said the pathologist showed that strangulation and blows to the head were both causes of death. He asked the court to find that there was probable cause to show premeditation and bind Adams over to district court on first degree murder charges.
McDonald rebutted by saying that everything had occurred in 10 minutes or less, noting that a witness had overheard them arguing.
“The timeline shows there’s no time for premeditation,” McDonald stated, adding that Adams didn’t remember everything that had happened that night because he was drunk.
“I’m asking you to let it go to a jury to decide if it is manslaughter or second degree murder,” McDonald concluded.
Judge Petersen said she would take the matter under advisement and announce her decision at a District Court hearing at 9 a.m. on Sept. 13.