Judge rules against mistrial in Turner trial after learning that jurors were discussing case outside of court

By: Journal Staff Report | Winston-Salem Journal
Published: August 14, 2009

MOCKSVILLE - The judge in the murder trial of Kirk Alan Turner said today he would not declare a mistrial despite a report that jurors discussing the case outside the courtroom.

"It has been brought to the court's attention that some of you have disregarded the court's instructions not to discuss this case," said W. Erwin Spainhour, a Davie Superior Court judge.

Spainhour reviewed a report that some of the jurors had discussed the case during a lunch break. A detective who was not in uniform at the time overheard the conversation and reported it, Spainhour said.

When the judge asked if any member of the jury could no longer remain impartial in evaluating the case, no one came forward. Turner, a Clemmons dentist, is being tried in the death of his wife Jennifer, who was stabbed to death in September 2007 in an outbuilding of the couple's Davie County home; they were separated at the time.

"We only want to try this case one time," he said, explaining how a mistrial would cost the state money and resources.

Testimony resumed after Spainhour's warning.

Marilyn Miller, a forensic science expert who teaches crime scene investigation at Virginia Commonwealth University, testified until the trial finished for the day at 12:30 p.m.

During direct examination from Brad Bannon, a defense attorney, Miller said that evidence from the crime scene indicate a struggle between the Turners. She also said that blood stains imply that Kirk Turner was injured first, before Jennifer Turner's throat was slashed.

Kirk Turner had two wounds to his upper thigh that Miller said were clearly inflicted by a 7-foot-long Viking-like spear, which Kirk Turner said his wife used to attack him.

Miller also said that Jennifer Turner must have received her initial wounds at a standing position because her blood was on the surface of a cardboard box near where she fell, about two feet off the ground.

Defense attorneys are arguing that Kirk Turner was defending himself from his wife's attack when he slashed her throat in two places with a pocket knife.

Prosecutors have agued that Kirk Turner killed his wife because he was angry at her after she filed a lawsuit against his girlfriend, Tondja Woods Colvin.

The trial will resume on Monday at 9:30 a.m.