Elizabeth Fox-Doerr murder trial in Evansville turns tumultuous

EVANSVILLE — Prosecutors on Thursday propelled their case against Elizabeth Fox-Doerr forward despite repeated objections from Fox-Doerr’s attorneys, who have mounted an aggressive, and at times combative, defense of their client since her murder trial began Monday.

After a break for Tuesday’s primary election, Wednesday’s proceedings began with a tense evidentiary hearing conducted outside the presence of jurors. By Wednesday afternoon, a key witness in the case appeared to change their testimony from the stand after they spoke to a law enforcement officer during a brief recess.

Hours earlier, the case's former lead investigator told jurors under cross examination that he admitted during a previous deposition that he had, "doubts," about the case.

But Vanderburgh County Prosecutor Diana Moers is confident the state can prove beyond a reasonable doubt that Fox-Doerr, 52, conspired with a lover to fatally shoot her husband, veteran Evansville firefighter Richard Doerr II, on Feb. 26, 2019.

Fox-Doerr, whom her lead counsel, Mark Phillips, regularly refers to as “Becky” Doerr, is charged with aiding, inducing or causing murder and conspiracy to commit murder, both Level 1 felonies. Her trial began Monday after a lengthy jury selection process.

More: In a first, Evansville news media broadcast murder trial from courtroom

Larry Richmond Sr., Fox-Doerr’s alleged lover and the man accused of fatally shooting Fox-Doerr’s husband, is scheduled to stand trial for murder in August, court records state.

Richmond Sr., 46, was previously sentenced to 45 years in prison after shooting and killing 70-year-old James Everett Montgomery in 1996. Richmond Sr. was released less than a year before Doerr was killed.

Thus far, Fox-Doerr’s trial has proven contentious.

Moers, with assistance from longtime former Vanderburgh County Prosecutor Stan Levco, has entered dozens of exhibits into evidence, including crime scene photos, reems of cell phone records, ballistics evidence and jailhouse correspondence.

The proceedings took a turn toward the dramatic on Wednesday after Richmond Sr.’s son, Larry Richmond Jr., testified on behalf of the state.

Richmond Jr. pleaded guilty in federal court to firearms offenses, and prosecutors contend that Richmond Jr. stole the weapon that his father allegedly used to kill Doerr, a Taurus Judge revolver.

“You gave him the gun?” Levco asked Richmond Jr. on Wednesday.

“Yes, I did,” Richmond Jr. replied from the witness stand. Levco asked Richmond Jr. to identify a photograph of the weapon, asking him, “What is that?”

“The gun I stole for my father,” Richmond Jr. calmly said.

As conclusive as Richmond Jr.’s testimony may seem, the Evansville Police Department did not locate the handgun at issue in Fox-Doerr’s case — somethingher counsel has repeatedly emphasized in pretrial briefs and before Vanderburgh County Superior Court Judge Robert Pigman at trial.

Phillips, when asked by Pigman if he had any questions for Richmond Jr., replied, “Oh, yes I do, your honor.”

What ensued led Pigman to usher the 12 jurors and two alternate jurors out of the courtroom.

At issue was an apparent shift in Richmond Jr.’s testimony from the witness stand under Phillips’ cross examination.

Richmond Jr., on behalf of the state, aided prosecutors in showing that Fox-Doerr and Richmond Sr. engaged in an affair. In response to a question from Levco, Richmond Jr. said he personally witnessed his father kissing the defendant “about 11 months” before the killing.

That timeline contradicted dates cited in police reports and other evidence presented at trial. Phillips immediately jumped on that contradiction.

“Is that your sworn testimony?” Phillips asked.

“I may have gotten the time … yes,” Richmond Jr. replied.

Later, Philips asked Richmond Jr. what he did to prepare for his testimony. “Nothing,” was Richomnd Jr.’s reply.

Phillips then took the unusual step of asking Pigman to admonish Richmand Jr., a state witness, of his rights under the Fifth Amendment to not answer questions that could expose him to criminal liability, namely perjury.

Pigman ultimately declined to take such a step.

During a brief recess to discuss the issue, a Courier & Press reporter saw Richmond Jr. entering the courthouse not far from a law enforcement officer who had observed portions of the trial. When Richmond Jr. took the stand after the break, he told Levco under redirect that he had misunderstood a line of questioning that led him to say he witnessed his father kissing Fox-Doerr 11 months “before” Doerr’s murder.

Richmond Jr. clarified that he meant to say 11 months “after” his father was released from prison in connection with a prior case.

“You don’t know for certain when that was?” Levco asked.

“Correct,” Richmond Jr., replied. “But you’re certain they kissed?” Levco said in a follow-up. “Yes,” Richmond Jr. responded.

But seconds after answering Levco’s question in the affirmative, Richmond Jr. told the court that he had spoken to “a detective” during the prior recess. Phillips, appearing stunned, asked Richmond Jr. which detective he spoke to. Richmond Jr. indicated he had spoken with an EPD detective who was then standing toward the rear of the room.

Phillips claimed he had never spoken to the detective, nor did he know who he was. The jurors were quickly ushered out of the courtroom, and Pigman soon after adjourned the proceedings.

Moers, in a statement to the Courier & Press, indicated that the matter was not of great importance to the state's case.

“The court took no action after hearing the complaint of the defense about the witness, at the end of the day, citing (Pigman’s) previous orders regarding trial conduct and procedure,” Moers wrote. “The parties ended for the day since we were done with the witness.”

Earlier Wednesday, EPD Detective Blake Keen, who previously led the Fox-Doerr case, testified under oath that he harbored − at one point − "doubts" about the case. Keen said any remarks indicating that he had such doubts were made during a years-old deposition.

On Thursday, the state presented several key witnesses, including a Vanderburgh County Cybercrime Lab investigator. That investigator told jurors that digital evidence showed Fox-Doerr’s cellphone received a call from Richmond Sr. just minutes before Doerr was fatally shot.

The contents of what either party said are not known to the state, Levco and Moers said earlier at trial.

Thursday afternoon, Levco told Pigman he expected the state would rest its case Friday afternoon. Phillips said Fox-Doerr would present a defense, likely beginning Monday morning.

Remaining witness testimony, exhibits and Fox-Doerr’s defense will likely center on what evidence could point to a conspiracy between Fox-Doerr and Richmond Sr., according to court records.

Moers said on Wednesday that she was “very satisfied” with the proceedings thus far.

Houston Harwood may be contacted at houston.harwood@courierpress.com

This article originally appeared on Evansville Courier & Press: Elizabeth Fox-Doerr murder trial in Evansville Indiana update