Elizabeth Fox-Doerr's murder trial begins with opening arguments

EVANSVILLE — Prosecutors on Monday afternoon began to unfurl their case against Elizabeth Fox-Doerr, who is standing trial for the fatal 2019 shooting of her husband, veteran Evansville firefighter Robert F. Doerr II.

At about 3 p.m., Vanderburgh County Prosecutor Diana Moers presented the state's opening argument, telling jurors that Fox-Doerr, 52, conspired with an alleged lover to kill Doerr outside the home they shared on Evansville's North Side.

According to prosecutors, 46-year-old Larry Richmond Sr. shot and killed Doerr at Fox-Doerr's request on the evening of Feb. 26, 2019. Fox-Doerr has pleaded not guilty to aiding, inducing or causing murder and conspiracy to commit murder, both of which are Level 1 felonies.

More: Wife of murdered Evansville firefighter Robert Doerr II to stand trial Monday

"Instead of walking inside that day, (Doerr) was gunned down by ambush," Moers said during her opening argument. A few minutes later, Moers told jurors that Fox-Doerr "never sought answers from law enforcement" in the days and weeks after the shooting because Fox-Doerr herself "had those answers."

Stan Levco, who led the Vanderburgh County Prosecutor's Office between 1991 and 2011, is prosecuting the case alongside Moers.

As Moers laid out the theory of the state's case during her opening, Fox-Doerr − clad in sneakers, black pants and a dark gray sweater − watched from just feet away. At one point, Moers turned and pointed directly at the defendant, telling jurors that Richmond shot and killed Doerr because "she (Fox-Doerr) ordered it."

Evansville Firefighter Robert Doerr II
Evansville Firefighter Robert Doerr II

Fox-Doerr's lead defense attorney, Mark K. Phillips, told jurors on Monday the state had not − and could not − produce evidence that would prove, beyond a reasonable doubt, that "Becky" Fox-Doerr conspired with Richmond to murder her husband despite a years-long investigation.

"There will be no evidence that Becky Doerr had any conversation with anyone about committing a murder," Phillips told jurors Monday afternoon. "That evidence does not exist."

Fox-Doerr's trial is years in the making. She was initially arrested and accused of perjury, though that charge was ultimately dismissed. On Aug. 18, 2022, more than three years after Doerr's killing, the Evansville Police Department announced that detectives had established probable cause to arrest Fox-Doerr in connection with her husband's murder.

"This senseless, selfish act will forever leave a void in the lives of Robbie's family, his friends and his coworkers," former EPD Chief Billy Bollin said at a 2022 news conference. Doerr, who served with the Evansville Fire Department for 28 years, was "one of Evansville's bravest," Bolin said.

After opening arguments, the state called its first two witnesses and entered more than two dozen exhibits into evidence, including police body camera footage, audio of the 911 call Fox-Doerr placed moments after the shooting and crime scene photos.

Vanderburgh County Superior Court Judge Robert Pigman, who is presiding over the case, adjourned the proceedings just before 5 p.m. Due to Tuesday's election, the court will be in recess until Wednesday morning.

Fox-Doerr's alleged co-conspirator, Richmond, was previously sentenced to serve 45 years in prison after he shot and killed 70-year-old James Montgomery in 1996. He was released less than a year before Doerr was killed.

Richmond is scheduled to stand trial for Doerr's killing in May, court records state.

The opening day of Fox-Doerr's trial began with a lengthy jury selection process, during which the state and Fox-Doerr's defense questioned prospective jurors about their knowledge of the case and their views on issues that could influence their ability to interpret evidence and witness testimony without bias.

Prosecutors frequently sought to ascertain a prospective juror's views on the state's burden to prove Fox-Doerr's guilt "beyond a reasonable doubt." Phillips, on the other hand, repeatedly emphasized to potential jurors that Fox-Doerr had no obligation to prove her innocence, testify, or mount any defense against the charges she faces.

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

This article originally appeared on Evansville Courier & Press: Elizabeth Fox-Doerr's murder trial began Monday in Evansville

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