Friday's Internet Edition, May 09, 2008.
DA: Evidence Not There For Death Penalty
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| A handcuffed Kirk Turner walks to the Davie County Courthouse for a bond hearing last week. - Photo by Robin Snow |
In Davie Superior Court last Thursday, Kirk Alan Turner, 50, appeared with his attorneys - Joe Cheshire and Brad Brannon from Raleigh, and Chuck Alexander from Winston-Salem.
Turner is charged with first-degree murder in the death of his estranged wife, Jennifer Wittwer Turner, 54.
She was found dead on Sept. 12, 2007 in an outbuilding located on the Jack Booe Road home she owned with her Mr. Turner.
Assistant District Attorney Greg Brown told Judge Kimberly Taylor that the case had two aggravating factors - that the homicide was “heinous, atrocious, and cruel” and that is was “for pecuniary gain.”
Brown said the state believes there is insufficient evidence to seek the death penalty against Turner and it will pursue a non-capital first-degree murder case.
The state and defense agreed to give each full access to any discovery of evidence and set a tentative trial date of June 2.
Brown said that since the case was proceeding as non-capital Turner would ask for pre-trial release.
Cheshire asked to call some of the people to the stand who had written letters on Turner’s behalf, but Taylor denied the request saying it wasn’t necessary to call witnesses that would repeat what she had already read in the letters.
Cheshire then called Robin Stinson, the attorney handling Mr. Turner’s civil matters, to the stand.
She told Taylor about the suit filed in June 2006 by Jennifer Turner against her client that is still pending. At that time Mrs. Turner was seeking alimony, post separation support, equitable distribution of property, and divorce from bed and board.
“The estate of Dr. Turner is frozen,” Stinson said.
That includes the Turner’s 35-acre-estate on Jack Booe Road valued at more than $1 million; horses ... subscribe to the Davie County Enterprise Record, P.O. Box 99, Mocksville, N.C. 27028.