Burlington, Vermont - May 12, 2011
A confusing twist at the trial of an Essex Junction woman accused of murdering her niece in 2009. Wednesday, Latonia Congress' lawyers said she was hit in the head during a struggle with her niece and doesn't remember the murder. Then the defense said Congress was a "soft soul" and she didn't intend to kill Shatavia Alford, 16. So everyone was left scratching their heads Thursday when the defense strategy switched yet again.
"It's a dream. I gotta wake up," jurors heard Congress saying on a police audio recording from the scene.
The prosecution continued its quest to prove Congress intended to kill her niece.
An eyewitness already testified that Congress announced she was going to kill the victim before picking up a knife. Legal experts we spoke to said premeditation can be formed in a matter of seconds and simply grabbing a deadly weapon supports intent to kill. Police were put on the stand to describe that weapon.
"I observed a large kitchen knife, approximately 10-12 inches, laying fairly close to-- within 3-4 feet to where the victim was," Essex Police Sgt. Douglas Babcock testified.
But that bloody knife disappeared and the defense blames police, saying they failed to secure the scene and collect physical evidence like DNA and fingerprints to link Congress to the weapon.
"So you don't know that that knife is actually the knife that was used to wound Miss Alford, do you?" asked Leroy Yoder, Congress' lawyer.
"No," Babcock answered.
Babcock was the first police officer to arrive on the scene. He admits he did not secure the knife and says during his chaotic 19 minutes in the house he was focused on saving the dying teenager so that maybe a murder trial could be prevented. But the missing weapon could be a problem for the prosecution. Chittenden County Deputy State's Attorney Ed Sutton redirected the witness to clear up any confusion.
Sutton: Was there any other person that you identified at the scene or anyone else identified as a possible suspect to cause these injuries other than the defendant?
Babcock: There was not.
Legal experts tell us Congress' lawyers may be trying to drum up reasonable doubt with this multi-strategy defense, but they say it's risky because it's likely to confuse jurors.
The insanity defense that we heard about a few months ago may be yet another defense waiting in the wings. During jury questioning Congress' lawyers did grill potential jurors about their opinions on the legitimacy of an insanity defense. But so far it hasn't surfaced. What they do seem to be setting up is an abused-woman-who-snapped defense.
This is not an all or nothing situation. If jurors decide the murder was not premeditated they could still find Latonia Congress guilty of second-degree murder or manslaughter.
Jennifer Reading - WCAX News
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Latonia Congress
Shatavia Alford
Police evidence photo
Latonia Congress
