ROCKLAND, Maine — A witness whom police discovered three weeks ago testified Monday that he saw a sweaty Arnold Diana with blood on his shirt the night that police allege Diana murdered Katrina Windred.
Jeremiah Jenkins testified Monday afternoon in Knox County Superior Court in the murder trial of the 37-year-old Diana.
Jenkins said he had just gotten back from the Myrtle Street Tavern to celebrate his birthday when he saw Diana on the third floor of the Thorndike apartments on Main Street in Rockland. Diana and Jenkins both lived on the third floor.
Jenkins said it was between 10:30 p.m. and 11:30 p.m. Nov. 20, 2010, and that he noticed a blood stain on Diana’s T-shirt. He also said Diana was sweating.
“The sweat was pouring right off of his face,” Jenkins said.
Defense attorney Christopher MacLean questioned Jenkins repeatedly about why he had not gone to police in the past 18 months about what he saw when he knew that police had been investigating a murder.
He said when he realized police were investigating something at the Thorndike, Diana was still free.
“I’m not going to get myself killed,” Jenkins said.
He said Diana was 200 pounds at that time and he weighed about half that.
Jenkins said he had consumed only about two beers that night, saying if he had drunk any more he would have been in the hospital.
Assistant Attorney General Lisa Marchese, in her follow-up questioning of Jenkins, noted that police approached Jenkins and he did not come forward.
Jenkins said he asked Diana if he had been in a bar fight and Diana laughed and said, “Yeah.”
On the sixth day of the murder trial, Cathy MacMillan, who works for the Maine State Police analyzing DNA samples for the state crime laboratory, also testified.
She testified that clumps of hair found on Windred’s jacket in Diana’s closet and on a purple towel found in a trash bag behind the Thorndike apartments belonged to Windred. Blood found in his apartment also was from Windred, MacMillan said.
The DNA specialist testified that she found no DNA of Diana’s on a quilt and torn-up bits of towel used to wrap around Windred’s body. There was also none of Diana’s DNA found under her fingernails.
The trial is expected to continue through Thursday and may extend into Friday. The defense may begin presenting its case Tuesday.
Uh oh, a good example of a witness stuffing it down counsel’s throat when counsel asks a question on cross without knowing the answer. Well, he got the answer, and it makes him look foolish and hurts his client:
“Defense attorney Christopher McLean questioned Jenkins repeatedly about why he had not gone to the police in the past 18 months about what he saw [Diana with blood on his shirt, etc. the night of the murder] when he knew police had been investigating a murder”
Jenkins answers: “I’m not going to get myself killed.” [When he realized the police were investigating, Diana was free on bail]
I don’t think McLean has his heart in it. It’s hard to rev up for an unspeakable client. It’s even harder to advance the alternative suspect when you — and everyone in the room sans jury — knows it’s a head-fake. In the defense world, all cases are dogs. Some are good dogs. Some are bad dogs. Some are Cujos. This is a Cujo.
Yah, I know about dogs and I’ve defended my share of them. Still, he shouldn’t have asked that question, certainly not repeatedly.
Agreed. That’s why I suggested his heart wasn’t in it. He knows better.
Thats BS. Diana has been incarcerated. The article states the State brough Jenkins on board 3 weeks before this trial.
Then if Jenkins had nothing to fear from Diana because Diana was incarcerated, and Jenkins knew that, counsel could have contradicted him with those facts.
Did Jenkins know that Diana was incarcerated and, if so, did counsel bring that out? And what is the basis of your knowledge? Have you attended the trial?
Almost as much BS as the fact that he already confessed to the crime and managed to get that concession thrown out at trial.