Under Cover of the Night by Diane Fanning

Author:Diane Fanning
Language: eng
Format: epub, mobi
Publisher: Penguin Publishing Group
Published: 2014-09-11T16:00:00+00:00

TWENTY-EIGHT

The next witness to testify was Jennifer Kerns, a registered nurse and good friend of Jocelyn Earnest’s. “We became friends pretty much right away. We had a lot in common to begin with—we both played college basketball and had a lot of similar interests. I would say the friendship began immediately and just continued to strengthen each day through the next twelve years or more until her death.”

Jennifer said that they saw each other several times a week, meeting at her house, at Jocelyn’s house, or meeting for lunch. She added that she often came with her children to use the swimming pool at Jocelyn’s home.

Prosecutor Wes Nance asked about the firearm that Jennifer saw in Jocelyn’s house in late 2005.

“There was a shotgun propped up inside—right inside the doorway of the master bedroom walk-in closet,” Jennifer said. Nance followed up by asking if Jennifer had ever seen the firearm after that one incident.

“No, I did not,” she replied.

“Did you ever see a handgun in Jocelyn Earnest’s home after Mr. Earnest moved from the residence?”

“No, I did not.”

Nor, Jennifer said as she was questioned further, had she ever seen a handgun anywhere in Jocelyn’s possession or in her vehicle, which Jennifer rode in frequently.

“Now, in your frequent contact with Jocelyn Earnest, were you able to observe her demeanor and reaction . . . to the separation from Wesley Earnest? ”

“Yes.”

Sanzone rose again, “Judge, we object to this. It calls for speculation on the part of this witness.”

After a brief argument, the judge overruled his objection. It only took one more question and answer before Sanzone objected again when the witness described what the two of them did together. This time the judge sustained it, instructing Jennifer to describe what she observed, not offer conclusions or interpretations or opinions.

Nance started, once again, asking about Jocelyn’s state of mind immediately following her separation from Wesley. “What predominant emotion did you observe from Jocelyn Earnest during that time period?”

“Sadness.”

“Was there an incident that you were personally present for in March of 2006 that appeared to change her general demeanor?”

“Yes.”

The defense voiced another objection. “Your Honor, we object because it does not reference my client and his attitude towards Ms. Earnest.”

“Objection of relevancy,” said Judge Updike. “I’m not going to comment at this point other than to say that the objection is overruled.”

Nance asked, “Ma’am, I’m going to turn your attention to March of 2006 . . . Were you aware of a lake house on Smith Mountain Lake built by the Earnests?”

“Yes.”

“And in March 2006, did you go with Jocelyn Earnest to that lake house?”

“Yes.”

“. . . Could you explain to the jury . . .”

Sanzone interrupted, “Judge, I have a motion outside the presence of the jury.”

Updike sent out the jury and Sanzone continued. “Judge, I assume what we’re going to hear is that Ms. Earnest went and watched through a window and saw an interaction between Mr. Earnest and a female. Mr. Earnest didn’t say anything to her that day, didn’t do anything.

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