jmccann@heraldsun.com; 419-6601
DURHAM -- The defense lawyer in Keith Kidwell's first-degree murder trial on Wednesday continued cross-examining an expert in analyzing shoe impressions.
State Bureau of Investigation Special Agent Nikkola Russell was back on the witness stand Wednesday for the trial that could end with Kidwell going to prison for the rest of his life without the possibility of parole for the February 2005 killing of Crayton Nelms. The murder occurred at the 4604 N. Roxboro St. Kangaroo store location where the victim was working the overnight shift as a convenience-store clerk.
Shoe prints and shoe impressions from the crime scene again dominated the courtroom discussion. District Attorney Tracey Cline throughout the trial has contended that the shoe marks -- including one found on the back of a blue, fleece vest Nelms had on when he died -- came from Kidwell.
But defense lawyer Lisa Williams worked to show jurors that proving the Nike Air Force 1 footwear belonged to her client wasn't as cut-and-dried as Cline was trying to make it seem.
While Cline has referred to the footwear as Kidwell's shoe, Williams talked in terms of "the Nike, size 12."
Williams got Russell to concede that the Nike Air Force 1 is a popular style of shoe that the special agent sees often in her line of work. Early on in the trial, Williams made the point that there were a number of people walking around the crime scene. "What about their shoe prints?" she asked.
With Russell still on the witness stand, Williams brought up the fleece vest that Cline on Tuesday introduced to jurors. Williams showed Russell some photographs of a bloodied and deceased Nelms wearing a blue vest that was stained on the back.
Russell on Tuesday gave jurors a close-up view of the real vest so they could see the shoe print on the back.
But the defense lawyer on Wednesday asked the special agent if she was certain the blue vest Nelms had on in the photo was the same as the one she analyzed.
Russell said she couldn't be sure.
Cline had more questions for the special agent:
"Let's talk about the money that was found in Mr. Kidwell's pocket," the district attorney said, referring to money that was stolen from the crime scene.
Kidwell had several hundred dollars on him when he was arrested in Oklahoma for speeding in Nelms' Ford F-150 that was reported stolen.
"Did you do an examination?" Cline asked.
Russell said she did examine the money.
Cline asked the special agent to talk generally about the transfer of fingerprints on money as it's exchanged in the marketplace from person to person.
Paper currency is porous, unlike metal, Russell explained. So the rich details from fingerprints don't stay on the surface of paper currency, the special agent said.
Per Cline's questioning, Russell said gloves would prohibit the transfer of fingerprints. The special agent said she didn't identify any fingerprints on the money.
Then Cline posited that while shoe patterns change, fingerprints don't, so if Kidwell's fingerprints were taken right there in the courtroom, then those prints would be the same as they were in 2005 when Nelms was murdered.
Russell agreed with that.
Williams countered by asking whether it was possible for gloves to leave impressions.
The special agent said yes.
