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10-12-02: Deputy testifies Kim Anderson believed
husband was still alive after she shot him

By SHELLEY GRIESHOP
The Daily Standard

    DEFIANCE - Kimberly Anderson told a sheriff's detective she thought her husband may have still been alive when she ran from her home after shooting him to death more than a year ago.
    Auglaize County Sheriff's Detective Sgt. Dennis White took the stand Friday, for the second time this week, and recounted Kimberly Anderson's statement following the Sept. 2001 shooting.
    "I had asked if there was any indication he was still alive and specifically asked if he said anything," White told jurors during questioning by Kimberly Anderson's attorney, Alan Konop of Toledo. "She didn't recall him saying anything. I think she thought he may have been still breathing."
    After calling 13 witnesses Friday, the trial was adjourned for the weekend and will continue again on Tuesday with more testimony for the
defense.
    Kimberly Anderson was indicted in December 2001 for charges of aggravated murder, murder and voluntary manslaughter. If convicted of the most serious charge, she faces a life in prison with parole after 20 years. She has claimed self-defense as her reason for shooting her husband.
    White was one of three sheriff's officers called back to the stand Friday for the second time this week. Also returning were sheriff's deputy
Brent Henschen and Detective Mike Eberle.
    White said Kimberly Anderson also discussed allegations of sexual abuse by her estranged husband, Brent Anderson, against the couple's children, two boys ages 3 and 1. Kimberly Anderson testified this week the shooting culminated in an argument between the couple that began when she confronted him about the alleged sexual abuse.
    As the sexual abuse allegations became the topic of testimony many times Friday, Auglaize County Judge Pepple repeatedly warned the five men, seven women jury that the allegations were to only be used to show the defendant's state of mind prior to the shooting.
    In testimony Thursday and Friday, several defense witnesses said Kimberly Anderson recited her concern to them about 3-year-old Eric who had allegedly told Anderson's older son, T.J. Nester, and later Kimberly Anderson herself, that "Daddy put mustard on my wee wee and licked it off."
    Pat Knippen, administrator for Auglaize County Children's Services, also testified Friday for the defense. Knippen detailed her conversation with Kimberly Anderson the evening of the shooting. She said Anderson discussed her husband's "bizarre" behavior the weeks prior to the shooting. She also told Knippen about Ericšs statement to her and T.J. about "mustard on the wee wee."
    Knippenšs interview with Kimberly Anderson took place at Joint Township District Memorial Hospital where specimens were taken from the boys. The children's clothing were also confiscated for testing and a call was made to Anderson's neighbor, Tricia Nester, to retrieve the diaper 1-year-old Ryan was wearing when his father brought him home.
    All the tests on the clothing and specimens came back negative, according to earlier testimony.
    Knippen also testified that Kimberly Anderson is still under a court-ordered "safety plan" with children's services, meaning she is not allowed to be alone with any of her four children.
    Under cross-examination by Pierce, Knippen said no sexual abuse reports were ever filed against Brent Anderson the week of the shooting, despite Kimberly Anderson's alleged concerns.
    Tricia Nester of Wapakoneta, whose husband, Wayne, is a brother to
Kimberly Anderson's former husband, Dale Nester, also took the stand.
    Nester, who lives only 1/8 of a mile down the road from Kimberly Anderson, recalled retrieving Ryan's diaper from her trash can the night of the shooting after the young children were taken to her home that afternoon. Nester's daughter, Kristin testified she changed Ryan's diaper that day at the Nester residence.
    Tricia Nester told jurors she received a call from Kimberly Anderson late the evening of the shooting and was told to retrieve the diaper for evidence.
    "I went to the trash can and got the diaper, put it in a plastic bag, then into another plastic bag," Nester said.
    Tricia Nester said it was several days later and the diaper still remained at her home, so she called Kimberly Anderson's mother, Sue Allen, and told her no one had retrieved it.
    Sue Allen, who also testified Friday, said she and Kimberly Anderson picked up the diaper from the Nester home three days after the shooting, and delivered it to Knippen. Knippen testified that she later brought the diaper to the sheriff's office.
    Also testifying Friday were Dr. Wilfred Ellis of Lima, and his housekeeper, Jacquelyn Parent. He identified himself as a professional colleague of Kim Anderson, who is a physical therapist, as well as a friend.
    Both Ellis and Parent told jurors about an incident that occurred at Ellis' home in late spring 2001, when a man posing as a cable representative attempted to enter the home. The man politely left after being refused entry, Parent said, but she later identified him as Brent Anderson when she saw a picture of him in the newspaper following his death.
    Ellis also testified that Kimberly Anderson called him the evening before the shooting and they discussed concerns she had about the sexual
abuse allegations made by Eric.
    During cross-examination, Auglaize County Assistant Prosecuting Attorney Amy Fox accused Ellis of not reporting the alleged abuse information to the proper services. Fox said as a doctor, Ellis was a "mandated reporter," a professional who is required by law to report any abuse allegations presented to him.
    Ellis said in this case, he was not.
    "I didn't receive the allegations from the children, ... the information came from Kimberly," he explained.
    Ellis, under oath, said he told Kimberly Anderson to get the children to
their family doctor on Tuesday and told her to not confront her husband.
    Deputy Mike Eberle, the last witness to take the stand on Friday, explained how he received the diaper belonging to Ryan. Eberle said, while testifying for the defense, the diaper was given to him by Knippen, who received it as evidence three days after the shooting.
    "I immediately took it to the evidence room area," Eberle said. "It was very wet. I knew I couldn't put it in the evidence room wet, so I took it to the evidence lab, opened it up and left it dry."
    On Sept. 14, Eberle noticed something in the diaper as it was drying - a hair. A copy of the DNA testing report of the hair, contained in the case file, revealed it was a pubic hair that also matched the DNA of Brent Anderson.
    Konop is expected to bring in more witnesses on Tuesday, with the prosecution possibly finishing up rebuttal witnesses Wednesday. Pepple said hešd like to hear closing arguments early enough Wednesday to give the jurors time to begin deliberating that afternoon.
    Auglaize County Judge Frederick Pepple told the courtroom full of
spectators Friday. After jurors were dismissed at 2:45 p.m., Pepple discussed scheduling for the rest of the trial. Konop is expected to bring in more witnesses on Tuesday, with the prosecution possibly finishing up rebuttal witnesses Wednesday. Pepple said he'd like to hear closing arguments early enough Wednesday to give the jurors time to begin deliberating early Wednesday afternoon.

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