Four takeaways from first week of Fox-Doerr murder trial

EVANSVILLE — Elizabeth Fox-Doerr's murder trial will stretch into next week, with the state preparing to rest its case and Fox-Doerr's court-appointed legal counsel readying to mount a vigorous defense.

According to court records, Fox-Doerr, 52, has pleaded not guilty to charges of aiding, inducing, or causing murder and conspiracy to commit murder, both of which are Level 1 felonies, for the killing of her husband, veteran Evansville firefighter Robert F. Doerr II.

The state contends that Fox-Doerr tasked her alleged lover, Larry Richmond Sr., with fatally shooting Doerr outside his Oakley Street home on Feb. 26, 2019. Larry Richmond Sr., 46, is charged as a co-defendant and is scheduled to stand trial in August.

He 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.

Vanderburgh County Prosecutor Diana Moers has led the state's efforts with assistance from Stan Levco, while Fox-Doerr is represented by Boonville-based attorneys Mark and Robert Phillips.

Friday moved slower than expected for the state, which had planned to rest its case

Prosecutors told the court on Thursday they expected to finish presenting evidence to jurors Friday afternoon, but as has become common since the trial began Monday, the parties blew past that intended deadline.

That means the state will have to present key evidence on Monday, and it remains to be seen when Fox-Doerr would begin to mount her defense or how long that portion of the trial could take.

Mark Phillips, on behalf of Fox-Doerr, has repeatedly motioned to hold hearings outside the presence of jurors, lodged numerous objections and conducted lengthy cross examinations that have drawn out the proceedings.

Vanderburgh County Superior Court Judge Robert Pigman, who is presiding over the case, has made it a practice to aim for adjournment at about 4 p.m. each day, but on more than one occasion, the jury - or the parties - have stayed in the courtroom longer.

Proving a conspiracy to commit murder

Both sides have presented wholly different narratives about what the evidence in this case shows regarding the alleged agreement between Fox-Doerr and Richmond Sr. to carry out Doerr's killing.

This week, the state entered records into evidence showing that Fox-Doerr and Richmond Sr.'s cell phones "connected" for a call just minutes before the fatal shooting took place — a critical fact for Moers and Levco, who must prove beyond a reasonable doubt that Fox-Doerr willingly engaged in a murder-conspiracy plot with Richmond Sr.

Fox-Doerr deleted that call from her smartphone, according to witness testimony and digital evidence presented at trial. Investigators learned of the call when they compared records from her cell phone carrier, Sprint, with data extracted from her smartphone's hard drive.

On Fox-Doerr's phone, any record of the call between herself and Richmond Sr. is missing. But, according to Sprint's cell phone toll records, Fox-Doerr and Richmond Sr.'s phones linked up for a call just prior to Doerr's fatal shooting and not long before Fox-Doerr dialed 911 herself to report that her husband had been shot.

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

In response to the presentation of that cell phone evidence, Mark Phillips honed in on whether investigators know what the pair talked about during that phone call, or if words were exchanged at all. Lead investigator Aaron McCormick, a detective with the Evansville Police Department, testified that he does not know what the two discussed.

From the outset, Mark Phillips has maintained that jurors will find "no evidence" proving that Fox-Doerr ever spoke to Richmond Sr. about carrying out a murder. But what about that deleted phone call? Mark Phillips points to testimony from Fox-Doerr's son, who told jurors his mother had a habit of deleting phone calls and text messages.

As the trial heads into a second week, prosecutors are expected to attempt to bolster evidence and testimony that would indicate Fox-Doerr and Richmond Sr. had a romantic relationship while also illustrating why the two had a motive to kill Fox-Doerr's husband.

Defense maintains aggressive posture

Mark Phillips is no stranger to contentious legal cases, as illustrated by his involvement in a host of disputes between the Warrick County Commission and the county's health department.

During Fox-Doerr's trial, Mark Phillips has taken to aggressively questioning witnesses during lengthy cross examinations, and he has repeatedly argued that Pigman should throw out evidence, testimony and exhibits presented by the state — with varying degrees of success.

While Mark and Robert Phillips have not yet formally presented Fox-Doerr's side to jurors, they have vigorously challenged testimony presented by state witnesses. Earlier this week, the case's former lead investigator told Mark Phillips under cross examination that he had, previously, testified during a deposition that he had "doubts" about the case.

What's next: Trial to resume Monday morning

Pigman instructed the 12 jurors and two alternate jurors on Friday afternoon to "keep an open mind" and to avoid researching the case while they take a break for the weekend.

At 8 a.m. Monday, Fox-Doerr's legal counsel and prosecutors will meet with Pigman to hold a hearing outside the presence of jurors regarding the admissibility of Fox-Doerr's prior testimony during a police interview, which Mark Phillips indicated he would like to present during Fox-Doerr's defense.

Prosecutors hope to enter Fox-Doerr's prior testimony to a grand jury into evidence next week over the repeated objections of her attorneys. Jeff Hands, who served on a local FBI task force and assisted with the police investigation into Doerr's killing, is expected to testify on behalf of the state before they rest their case.

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

This article originally appeared on Evansville Courier & Press: Four takeaways from first week of Fox-Doerr murder trial