THE THIRTY-SIXTH ANNUAL IOWA HIGH SCHOOL MOCK TRIAL ... · 11. The recorded video chat session obtained from Jaylen and Miller Whitman's laptop computer verifies that Miller Whitman

- 1 -

THE THIRTY-SIXTH ANNUAL IOWA HIGH SCHOOL

MOCK TRIAL TOURNAMENT 2018

STATE OF IOWA

V.

DEVIN EMERSON

A program of

The Iowa State Bar Association Center for Law & Civic Education

In cooperation with the Young Lawyer’s Division

Of The Iowa State Bar Association

With generous financial support from The Iowa State Bar Foundation

- 2 -

IOWA HIGH SCHOOL MOCK TRIAL TOURNAMENT

2018

STATE OF IOWA

V.

DEVIN EMERSON

Original Case Materials Developed for

South Carolina Bar Law-Related Education Committee © 2016

Case Adapted for Iowa High School Competition Use By:

The Iowa State Bar Association Center for Law & Civic Education

625 East Court Avenue Des Moines, Iowa 50309

Many thanks to the South Carolina Bar Association and its Law-Related Education Committee

Mock Trial Program for permitting use and adaptation of the original case material and especially to Barbara Seymour, the original author of the problem, and Cynthia Cothran, SC Bar LRE

Director.

- 3 -

CASE MATERIALS

Table of Contents THE PROBLEM Statement of Facts .................................................................................4 Stipulations ............................................................................................5 Trial Information ...................................................................................8 IOWA CODE ……………………………………………………………..11 JURY INSTRUCTIONS ........................................................................... 13 WITNESS STATEMENTS For the Prosecution Mel Herman ........................................................................................ 22 Nat Hawthorne .................................................................................... 29 Sidney Alcott-Walden ........................................................................ 40 For the Defense Devin Emerson ................................................................................... 48 Jaylen Whitman .................................................................................. 55 Parker Putnam..................................................................................... 61 EXHIBITS ................................................................................................... 68 Exhibit No. Exhibit Description

1 Property Sketch of Emerson Homestead 2 Photo of Lighter Fluid Container 3 TV Listing for October 15, 2017 4 All Souls Church Weekly Collections for 10/15/17 5 Emerson Bible Family Tree Photo 6 Evidence Photos: Burn Pile, Purse & Contents, Skillet 7 Evidence Photos: Shoes, Soles, Shoeprints, Casts 8 Investigation Report 9 911 Detail Report for 10/15/17 10 Recovered Email Thread 11 Cell Phone Records

- 4 -

BRIEF CASE SUMMARY: On the night of October 15, 2017, the small northeast Iowa community of

Brook Farm, lost a treasure. Lois Mae Alcott (known affectionately to just about

everyone as “Aunt Mae”) died when her historic home was consumed by flames.

Aunt Mae lived in Emerson Hall, a home built by her grandfather at the turn of

the 20th century. Shortly into the police investigation, it was determined that the

fire was deliberately set. To make matters worse, it now appears the fire was

intended to cover for the violent death of Aunt Mae in the course of a robbery.

Scandal now rocks one of the area’s oldest families, as one of its own has been

charged with Aunt Mae’s murder.

This Summary of Facts is not to be used as evidence in the case.

- 5 -

IN THE DISTRICT COURT OF CONCORD COUNTY, IOWA

CASE NO. 18-CR-36-18

STATE OF IOWA PLAINTIFF VS. PRE-TRIAL ORDER DEVIN EMERSON DEFENDANT

* * * * * * * * * * On this the 21st day of December, 2017, the above-captioned matter came before the undersigned judge for pretrial conference. The parties, appearing through their counsel, indicated their agreement to the terms of this Order. The terms of this Order shall not be altered, except by this Court upon a showing of good cause. I. Statement of Case

The State of Iowa charged the Defendant, Devin Emerson, with Murder, Arson, and Armed Robbery.

II. Pretrial Rulings

Because the parties have stipulated to the cause of death of the victim, the judge has sustained the Defendant's objection to showing photos of the victim's body and injuries on the grounds that those photos would be unnecessarily cumulative of the testimony of Chief Nat Hawthorne and that, as a result of their gruesome nature, those photos would be substantially more prejudicial than probative. III. Stipulations of the Parties

The parties have entered into the following stipulations, which shall not be contradicted or challenged:

1. The signatures on the witness statements are authentic and signed under oath by each witness. 2. The jury charges are accurate in all respects. No objections to the jury charges may be raised. 3. The indictments are valid. The Defendant may not challenge the indictments as deficient. 4. At the time of her death, Lois Mae Alcott, the victim, was seventy-seven years old. She did

not have a will; therefore, her property was to be inherited by her closest living relative, Sidney Alcott-Walden, the spouse of her deceased sibling.

5. The cause of death of Lois Mae Alcott, the victim, was blunt force trauma to the back of her

head. The parties stipulate that the cast iron skillet was the item that caused the blunt force trauma to Lois Mae Alcott’s head prior to fire exposure.

6. All searches of property and persons were done with lawful authority and within the bounds

of the Constitution. The constitutional validity of any search of any property or person may

- 6 -

not be challenged or called into question during the trial of the case. The chain of custody of evidence collected during the investigation is not in dispute.

7. The Defendant, Devin Emerson, was properly advised of Miranda warnings upon arrest.

Miranda warnings were not legally required prior to any other interview of Devin Emerson or any other witness. The validity of any interview based on Miranda may not be challenged or called into question during the trial of the case.

8. Chief Nat Hawthorne and the Concord County officers interviewed all likely witnesses. Only

those with information relevant and valuable to the investigation are specifically identified in the investigation report and in Nat Hawthorne’s affidavit. No other witness interviewed provided any relevant or valuable information.

9. The testimony of the officers, the coroner, the firefighters, and any other member of the

Concord County Police and Fire Department is in concurrence with and cumulative of that of Chief Nat Hawthorne and is, therefore, unnecessary. The failure of a party to call a witness other than those listed in the Case Materials may not be raised or challenged.

10. The video footage and digital log from the security gate at the Alcott-Walden residence

verifies that Sidney Alcott-Walden's vehicle entered the gate at 7:38 p.m. on October 15, 2017. This record’s availability is not in question.

11. The recorded video chat session obtained from Jaylen and Miller Whitman's laptop computer

verifies that Miller Whitman was out of the state and that Jaylen Whitman was in the Carriage House continuously between 7:02 p.m. until 10:30 p.m. on October 15, 2017. This record’s availability is not in question.

12. The lab results confirmed that the samples submitted with positive results showed trace

evidence of a petroleum based liquid consistent with an accelerant. 13. The parties have pre-marked Exhibits #1 – #11. No challenge may be made by either party as

to the authenticity of these exhibits. Due to the limitations of Mock Trial, all the physical evidence is accurately portrayed within the photos provided in the exhibits.

14. Exhibit #1 (Property Sketch of Emerson Homestead), is a fair and accurate representation of

the property known as Emerson Homestead, although it is not drawn to scale. All witnesses personally familiar with the property agree that the drawing is fair and accurate.

15. The marks made on Exhibit #1 (Property Sketch of Emerson Homestead), were made by Mel

Herman and Nat Hawthorne. 16. The parties stipulate Exhibit #3 (TV Listing) is an accurate representation of television

programming aired on channels available to all witnesses on the evening of October 15, 2017, and no objection can be made to its admissibility if offered by either party.

17. The parties stipulate Exhibit #9 (911 Detail Report for October 15, 2017) is an accurate

transcription of the recorded 911 activity related to this case.

- 7 -

18. For purposes of Mock Trial, some pictures were combined into a single exhibit. A witness may identify and acknowledge a picture within an exhibit without acknowledging all components of the exhibit.

19. The Court will take notice that the NLCS game broadcast between the Chicago Cubs and

the Los Angeles Dodgers began at 6:30 p.m. CENTRAL time. The Court further takes notice that the First Pitch was thrown at 6:39 p.m. CENTRAL. The game officially ran 3 hours and 20 minutes, ending at 9:59 p.m. CENTRAL.

IV. Terminology / Pronunciation Guide

1. The definition of “codicil” is an amendment to an existing will that supplements, alters, or expands upon that will.

2. The definition of “life estate” is a person's legal interest in the possession and use of

property during that person's lifetime.

IT IS SO ORDERED, this day of this round of the High School Mock Trial competition.

/s/ Van Everett The Honorable Presiding Judge

- 8 -

IN THE IOWA DISTRICT COURT FOR CONCORD COUNTY

STATE OF IOWA, ) )

Plaintiff, ) CRIMINAL LAW NO. _18-CR-36-18_ ) v. ) ) DEVIN EMERSON, ) TRIAL INFORMATION )

Defendant )

COMES NOW the Concord County Attorney’s Office and, in the name and by the authority of the State of

Iowa, accuses the Defendant of the crime of the following:

COUNT I: Murder in the First Degree, in violation of Iowa Code Section 707.2, based upon the

allegations that the Defendant in this County, Iowa, on or about the 15th day of October, 2017, did:

Cause the death of Lois Mae Alcott, a human being, by striking her with a deadly weapon, intending or

knowing that s/he would cause the death of Lois Mae Alcott, and acting with premeditation.

COUNT 2: Arson in the Second Degree, in violation of Iowa Code Section 712.3, based upon the


Unlawfully, knowingly and intentionally cause a fire intending to destroy or damage Emerson Hall at 1500

Wordsworth Road, Concord County, Brook Farm, Iowa, said dwelling having a value exceeding five hundred dollars.

COUNT 3: Armed Robbery in the First Degree, in violation of Iowa Code Section 711.2, based upon


While intending to commit a theft, purposely inflict or attempt to inflict serious injury on Lois Mae Alcott,

a human being.

A TRUE INFORMATION: Concord County Attorney’s Office By: Everett Van (Signature)

- 9 -

APPROVAL AND ORDER FOR ARRAIGNMENT

This information and the Minutes of Evidence accompanying it have been examined by me and

found to contain sufficient evidence, if unexplained, to warrant a conviction by trial jury. The witnesses

are listed in the Minutes of Evidence. The filing of this information is approved by me on the 21st day of

December, 2017.

IT IS HEREBY ORDERED that arraignment in this matter be scheduled. There is no preliminary

hearing after filing this information.

Van Everett JUDGE

- 10 -


STATE OF IOWA, ) )

Plaintiff, ) CRIMINAL LAW NO. _18-CR-36-18___ ) v. ) ) DEVIN EMERSON, ) DEFENDANT’S WRITTEN NOTICE OF ) NOT GUILTY PLEA

Defendant )

COMES NOW, the Defendant and for his/her Written Notice of Not Guilty Plea, and states as

follows:

After having been fully advised of my right to plead guilty, not guilty, former conviction, and

former acquittal, I hereby enter a plea of Not Guilty to the charge of Murder in the First Degree, in

violation of Iowa Code Section 707.2.


former acquittal, I hereby enter a plea of Not Guilty to the charge of Arson in the Second Degree, in

violation of Iowa Code Section 712.3.


former acquittal, I hereby enter a plea of Not Guilty to the charge of Armed Robbery in the First Degree,

in violation of Iowa Code Section 711.2.

Devin Emeson DEFENDANT

- 11 -

IOWA CODE

CHAPTER 702 DEFINITIONS 702.11 Forcible felony. 1. A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree.

CHAPTER 707 HOMICIDE AND RELATED CRIMES

707.1 MURDER DEFINED. A person who kills another person with malice aforethought either express or implied commits murder. 707.2 MURDER IN THE FIRST DEGREE. A person commits murder in the first degree when the person commits murder under any of the following circumstances: 1. The person willfully, deliberately, and with premeditation kills another person. 2. The person kills another person while participating in a forcible felony. 3. The person kills another person while escaping or attempting to escape from lawful custody. 4. The person intentionally kills a peace officer, correctional officer, public employee, or hostage while the person is imprisoned in a correctional institution under the jurisdiction of the Iowa department of corrections, or in a city or county jail. 5. The person kills a child while committing child endangerment under section 726.6, subsection 1, paragraph "b", or while committing assault under section 708.1 upon the child, and the death occurs under circumstances manifesting an extreme indifference to life. 6. The person kills another person while participating in an act of terrorism as defined in section 708A.1. Murder in the first degree is a class "A" felony.

CHAPTER 712 ARSON

712.1 ARSON DEFINED

1. Causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Provided, that where a person who owns said property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consented to the defendant’s acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done

- 12 -

in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson.

712.3 ARSON IN THE SECOND DEGREE

Arson which is not arson in the first degree is arson in the second degree when the property which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class “C” felony.

CHAPTER 711 ROBBERY AND EXTORTION

711.1 ROBBERY DEFINED

A person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the intended theft or the person’s escape from the scene thereof with or without the stolen property:

1. Commits an assault upon another. 2. Threatens another with or purposely puts another in fear of immediate serious injury. 3. Threatens to commit immediately any forcible felony. It is immaterial to the question of guilt or innocence of robbery that property was or was

not actually stolen. 711.2 ROBBERY IN THE FIRST DEGREE

A person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon. Robbery in the first degree is a class “B” felony.

- 13 -

JURY INSTRUCTIONS

PRELIMINARY INSTRUCTIONS

It is your duty as a juror to decide this case by applying these jury instructions to the facts as you determine them. You must follow these jury instructions. They are the rules you should use to decide this case. It is your duty to determine what the facts are in the case by determining what actually happened. Determine the facts only from the evidence produced in court. When I say “evidence”, I mean the testimony of witnesses and the exhibits introduced in court. You should not guess about any fact. You must not be influenced by sympathy or prejudice. You must not be concerned with any opinion that you feel I have about the facts. You, as jurors, are the sole judges of what happened. You must consider all these instructions. Do not pick out one instruction, or part of one, and ignore others. As you determine the facts, however, you may find that some instructions no longer apply. You must then consider the instructions that do apply, together with the facts as you have determined them. In their opening statements and closing arguments, the lawyers have talked to you about the law and the evidence. What the lawyers said is not evidence, but it may help you to understand the law and the evidence. The lawyers are permitted to stipulate that certain facts exist. This means that both sides agree those facts do exist and are part of the evidence. You are to determine what the facts in this case are from the evidence produced in court. If the court sustained an objection to a lawyer’s question, you must disregard it and any answer given. Any testimony stricken from the court record must not be considered. The State has the burden of proving the defendant guilty beyond a reasonable doubt. In civil cases, it is only necessary to prove that a fact is more likely true than not true, or that its truth is highly probable. In criminal cases such as this, the State’s proof must be more powerful than that. It must be beyond a reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find the defendant guilty. If, on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and find the defendant not guilty.

- 14 -

You must decide whether or not the State has proven the defendant guilty beyond a reasonable doubt. The law does not require a defendant to prove innocence. You must start with the presumption that the defendant is innocent. The State must then prove the defendant guilty beyond a reasonable doubt. This means that the State must prove each element of the charges beyond a reasonable doubt. If you conclude that the State has not met its burden of proof beyond a reasonable doubt with respect to a particular charge, then you must find the defendant not guilty of that charge. You must decide whether the defendant is guilty or not guilty by determining what the facts in the case are and applying these jury instructions. You must not consider the possible punishment when deciding on guilt; punishment is left to the judge. If you find that the plaintiff, the State of Iowa, has lost, destroyed, or failed to preserve evidence whose contents or quality are important to the issues in this case, then you should weigh the explanation, if any, given for the loss or unavailability of the evidence. If you find that any such explanation is inadequate then you may infer that the evidence is against the State’s interest, which may create a reasonable doubt about the defendant’s guilt. The State must prove guilt beyond a reasonable doubt with its own evidence. You must not conclude that the defendant is likely to be guilty because the defendant did not testify. The defendant is not required to testify. The decision on whether or not to testify is left to the defendant acting with the advice of an attorney. You must not let this choice affect your deliberations in any way. The defendant is not required to produce evidence of any kind. The decision on whether to produce any evidence is left to the defendant acting with the advice of an attorney. The defendant’s failure to produce any evidence is not evidence of guilt. Before you may convict the defendant of the charged crimes, you must find that the State proved beyond a reasonable doubt that the defendant committed a voluntary act. A voluntary act means a bodily movement performed consciously and as a result of effort and determination. You must consider all the evidence in deciding whether the defendant committed the act voluntarily. In determining the evidence, you must decide whether to believe the witnesses and their testimony. As you do this, you should consider the testimony in light of all the other evidence in the case. This means you may consider such things as the witnesses’ ability and opportunity to observe, their manner and memory while testifying, any motive or prejudice they might have, and any inconsistent statements they may have made. The State has charged the defendant with certain crimes. A charge is not evidence against the defendant. You must not think that the defendant is guilty just because of a charge. The defendant has pled “not guilty”. This plea of “not guilty” means that the State must prove each element of the charges beyond a reasonable doubt.

- 15 -

Evidence may be direct or circumstantial. Direct evidence is the testimony of a witness who saw, heard, or otherwise observed an event. Circumstantial evidence is the proof of a fact or facts from which you may find another fact. The law makes no distinction between direct and circumstantial evidence. It is for you to determine the importance to be given to the evidence, regardless of whether it is direct or circumstantial. A witness may give an opinion on a subject upon which the witness has become an expert because of education, study, or experience. You should consider the opinion of an expert and the reasons, if any, given for it. However, you are not bound by any expert opinion. Give the expert opinion the importance that you believe it deserves. Evidence of other acts of the defendant has been admitted in this case. You must not consider this evidence to prove the defendant’s character or that the defendant acted in conformity with that character. You may, however, consider that evidence only as it relates to the defendant’s motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. You must evaluate the defendant’s testimony the same way as any witness’ testimony. The State need not prove motive, but you may consider motive or lack of motive in reaching your verdict.

CLOSING INSTRUCTIONS Now that all the evidence has been presented, it is my duty under the law to give you the

instructions that apply in this case. The instructions contain all rules of the law that are to be applied by you and all the rules by which you are to weigh the evidence and determine the facts at issue in deciding this case and reaching a verdict. You must consider the instructions as a whole. All the testimony and evidence that is proper for you to consider has been introduced in this case. You should not consider any matter of fact or of law except that which has been given to you during the trial of this case.

It is your responsibility as jurors to determine the facts from the evidence, to follow the

rules of law as stated in these instructions, and to reach a fair and impartial verdict of guilty or not guilty based upon the evidence, as you have sworn you would do. You must not use any method of chance in arriving at a verdict, but must base your verdict on the judgment of each juror.

(2) Elements of the Charges: In this matter, the Defendant has been charged with three crimes:

(a) Murder, under Iowa Code Section 707; (b) Arson, under Iowa Code Section 712; and (c) Armed Robbery, under Iowa Code Section 711.

- 16 -

To these charges, the Defendant has entered a plea of not guilty. Each charge should be considered separately.

I will now define the elements for each charge:

Murder – Iowa Code Section 711: The Defendant is charged with Murder. The State must prove beyond a reasonable doubt that the Defendant killed another person with malice aforethought. Malice is hatred, ill-will, or hostility towards another person. It is the intentional doing of a wrongful act without just cause or excuse and with an intent to inflict an injury or under circumstances such that the law will infer an evil intent. Malice aforethought does not require that the malice exists for any particular time before the act is committed, but malice must exist in the mind of the Defendant just before and at the time of the act is committed. Therefore, there must be a combination of the previous evil intent and the act. Malice aforethought may be express or inferred. These terms, “express” and “inferred” do not mean different kinds of malice but merely the manner in which malice may be shown to exist. That is, either by direct evidence or by inference from the facts and circumstances that are proved. Express malice is shown when a person speaks words that express hatred or ill-will for another or when the person prepared beforehand to do the act that was later accomplished; for example, lying in wait for a person or any other acts of preparation showing that the deed was in the Defendant’s mind would be express malice.

Malice may be inferred from conduct showing a total disregard for human life. Inferred malice may also arise when the deed is done with a deadly weapon. A deadly weapon is any article, instrument, or substance which is likely to cause death or great bodily harm. Whether an instrument has been used as a deadly weapon depends on the facts and circumstances of each case. In this case, the State has alleged that the murder involved the intentional killing of Lois Mae Alcott. Therefore, in order to prove the Defendant guilty of Murder, the State must prove the following:

The Defendant took the life of Lois Mae Alcott with malice aforethought. If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of murder in violation of Iowa Code Section 707, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of murder in violation of State Code Section 707, you must return a verdict of not guilty as to this charge on the jury verdict form.

- 17 -

Arson – Iowa Code Section 712:

The Defendant is charged with the crime of Arson. In order to prove this offense, the State must prove beyond a reasonable doubt that the Defendant willfully and maliciously caused an explosion, set fire to, burned, caused to be burned, aided, counseled, or procured the burning of certain properties. Willfully means that it was not done by accident, but was done knowingly or intentionally. It must be shown that the burning was by the willful act of some person and not as a result of a natural or accidental cause. Maliciously means with hatred, ill will, or hostility. A person who intentionally does a wrongful act without legal justification or excuse does the act maliciously. A malicious burning is an act that shows a heart bent on mischief, showing a design to do an intentional wrong act toward another or toward the public, without any legal justification or excuse. This malice need not be express, but may be inferred. Burning means actual combustion of some portion of a piece of property. It is not necessary that the property be consumed or destroyed. Charring of the material of which the property is constructed or a change in the fiber or composition of the structure, is required for burning. Next, the State must prove beyond a reasonable doubt that the property that was burned was a structure, including a dwelling house, a church or other place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy, including local and municipal buildings. Finally, the State must prove beyond a reasonable doubt that the Defendant had the intent to destroy or damage the property by explosion or fire. Intent means intending the result that actually occurs; not accidentally or involuntarily. Intent may be shown by acts and conduct of the Defendant and other circumstances from which you may naturally and reasonably infer intent. In this case, the State has alleged that the arson involved the burning of the residence known as Emerson Hall, located at 1500 Wordsworth Road, Concord County, Brook Farm, Iowa, and its contents. Therefore, in order to prove the Defendant guilty of Arson, the State must prove the following:

The Defendant committed Arson in violation of Iowa Code Section 712 by: (1) Causing an explosion, setting fire to, burning, causing to be burned, aiding,

counseling, or procuring the burning of Emerson Hall and its contents; and that, (2) The Defendant acted willfully and maliciously.

If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of Arson in violation of Iowa

- 18 -

Code Section 712, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of Arson in violation of Iowa Code Section 712, you must return a verdict of not guilty as to this charge on the jury verdict form.

Armed Robbery – Iowa Code Section 711:

The Defendant is charged with Armed Robbery. In order to prove this offense, the State must first prove beyond a reasonable doubt that the Defendant took personal property or attempted to take personal property from another person or in presence of the person. Property is in the presence of a person if it is within the person’s reach, inspection, observation, or control so that the person could, if not overcome with violence or prevented by fear, keep possession of the property. The State must also prove beyond a reasonable doubt that the Defendant carried the property away or attempted to carry the property away intending to permanently deprive the owner of the property and to keep the property for the Defendant’s own use. The slightest removal of the property or the complete possession of the property, even for an instant, by the Defendant is sufficient to show a taking and carrying away of the property. The taking and carrying away of the property must have been done with violence or by putting the owner of the property in fear of violence. Finally, the State must prove beyond a reasonable doubt that the Defendant was armed with a deadly weapon during the robbery. A deadly weapon is any article, instrument, or substance that is likely to cause death or great bodily harm. Whether an instrument has been used as a deadly weapon depends on the facts and circumstances of each case. An ordinary object may become a deadly weapon when the facts show that it has been used to inflict serious bodily harm or death.

In this case, the State has alleged that the Armed Robbery involved the use of a cast iron skillet as a deadly weapon during the theft of Lois Mae Alcott’s purse and its contents. Therefore, in order to prove the Defendant guilty of Armed Robbery, the State must prove the following:

The Defendant carried away or attempted to carry away the property of Lois Mae Alcott intending to permanently deprive Lois Mae Alcott of the property and to keep the property for the Defendant’s own use in violation of Iowa Code Section 711 while either:

(1) Armed with a deadly weapon, or (2) While alleging, either by action or words, that s/he was armed while using a

representation of a deadly weapon or any object that Lois Mae Alcott reasonably believed to be a deadly weapon.

- 19 -

If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of Armed Robbery in violation of Iowa Code Section 711, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of Armed Robbery in violation of Iowa Code Section 711, you must return a verdict of not guilty as to this charge on the jury verdict form.

Verdict Instructions: After you have retired to consider your verdict, a member of the jury is selected as your

foreperson and then you begin your deliberations. The foreperson is to maintain orderly deliberations but should have no greater influence on the deliberations than any other member of the jury. Your verdict must be unanimous. When you have agreed on a verdict, your foreperson will sign the verdict form, and you will, as a body, return the verdict form in open court.

Verdict Form: The verdict form approved by the Court is attached hereto.

- 20 -


STATE OF IOWA, ) )

Plaintiff, ) CRIMINAL LAW NO. _18-CR-36-18_ ) v. ) ) DEVIN EMERSON, ) )

Defendant )

JURY VERDICT FORM

We, the jury, empanelled and sworn in the above-entitled cause, do, upon our oaths, find as follows:

As to COUNT I for Murder in the First Degree, Iowa Code Section 707, we the jury find the Defendant: Guilty Not Guilty As to COUNT II for Arson in the Second Degree, Iowa Code Section 712, we the jury find the Defendant: Guilty Not Guilty As to COUNT III for Armed Robbery, Iowa Code Section 711, we the jury find the Defendant: Guilty Not Guilty Foreperson

- 21 -

WITNESS STATEMENTS

- 22 -

STATEMENT OF MEL HERMAN (Church Administrator)

My name is Mel Herman. I am 30 years old. I live at 200 Orchard Lane in 1

Brook Farm, Iowa. I graduated from Concord County High School in 2005 and got 2

my Associate's Degree in accounting from Concord Community College in 2007. I 3

work two part-time jobs. I am the bookkeeper for Hiller’s Shop-n-Save and the 4

administrator for All Souls Church. I do bookkeeping and payroll for Hiller’s Shop-5

n-Save seven hours per day, Monday through Wednesday. My job at All Souls is 6

about ten hours per week, working mostly on Thursdays and Sundays. My work 7

for All Souls is mainly keeping the books, preparing the Sunday bulletin and 8

monthly newsletter, creating an annual budget, and doing odd office jobs as 9

needed. It is a small church, so there is not a whole lot going on there. Rev. Eckley 10

and I are the only employees, so there is nothing really complicated. 11

Of course, one of my responsibilities should have been making the weekly 12

deposits on Monday mornings. When I was first hired in 2008 and found out that 13

Aunt Mae took the Sunday plate collection money with her on Sunday afternoons, I 14

was surprised. "Aunt Mae" was what everyone called Ms. Lois Mae Alcott. Her 15

family founded All Souls Church, and she lived in the house near the church, which 16

was all located on the Emerson Homestead. She lived in the main house on the 17

property called Emerson Hall. I was told she had been the church treasurer for as 18

long as anyone could remember, and she always took the plate collection money 19

with her to deposit on Monday mornings. Aunt Mae never drove as far as I knew, 20

but Ashton and Sidney Alcott-Walden would come from the lake most every 21

Sunday for church. They would spend Sunday night with Aunt Mae and then take 22

her out to run errands on Monday mornings. Sidney Alcott-Walden kept that 23

routine up after Ashton passed away, and, when Sidney could not do it, Jaylen 24

would drive her. Many times, I pulled Sidney or Jaylen aside after church, offering 25

- 23 -

to lock the money in the church’s filing cabinet and meet them there at 8:00 a.m. on 26

Monday morning to pick up the money before my shift at Hiller’s Shop-n-Save. But, 27

they did not accept my offer. The excuse was always that Aunt Mae was too set in 28

her ways, and she felt like she was helping out by making the deposits. I think with 29

some persuading, Aunt Mae could have been convinced, but Sidney did not want 30

to get up early on Mondays to travel to Brook Farm in order to make the weekly 31

deposits. 32

Now I sure wish I had pushed harder – or insisted – that Rev. Eckley change 33

the practice of Aunt Mae taking home the Sunday plate collection money. I never 34

really thought Aunt Mae was in real danger – quite frankly it is a small church, and 35

ordinarily it was not a whole lot of money collected on any given Sunday. I was 36

more worried that she would misplace the money and there would be a big fuss 37

over that. And of course, handing a bag of cash over to a little old lady to tote home 38

with her is not exactly the standard accounting practices I learned in school. 39

I suppose whenever there is an unexpected tragedy like this, everyone looks 40

back and thinks, "I should have done something more to prevent this." Like the 41

warning signs I ignored when it came to Devin Emerson. Devin was a sophomore 42

when I was a senior. Devin was wild – always getting into some kind of trouble, 43

skipping school, getting brought home by the cops. Devin had no parents at home 44

and hung out with kids my age and even older. Everybody said Aunt Mae did the 45

best she could, but there was not much you could do with someone like Devin. 46

Devin disappeared for a while after high school, then about seven or eight years 47

ago showed back up out of nowhere, looking rough. I remember seeing Devin at 48

church one Sunday out of the blue, hanging on Aunt Mae like she was some kind of 49

queen. It was just like the bible story of the prodigal son returning home. I 50

remember Aunt Mae saying to me, "Look here, Mel. Look who has come home to 51

- 24 -

take care of me." I remember thinking, "Yeah, who is going to take care of who?" 52

And I was right. It did not take long for Devin to get right back into trouble. 53

Devin ran around with a cousin of mine named Boyd and some others in my 54

class at school. I do not know what all they were into, but I heard rumors they were 55

up to no good. I heard tell about alcohol, drugs, gambling and other problems. I 56

remember one time, not long before Aunt Mae was killed, I was over at my uncle's 57

house helping him with some financial planning. While there, I heard my cousin 58

Boyd kind of shouting on his cell phone out on the porch. I heard him say, "Devin, 59

you cannot just mooch off everyone your whole life. At some point, you have to pay 60

back what you borrow." And then, "You know if it was me I would not care, but 61

these guys are no joke. I think you’re in way too deep now." And then, "Well, you 62

will have to find yourself another job then and ---" It sounded like Boyd got cut off. 63

Boyd was fussing and walked off to his car, slamming the porch door behind him. 64

Devin had a job at Hiller’s Shop-n-Save, but did not keep it for long. Devin 65

did pretty well for the first few months, but then started clocking in late and not 66

showing up at all a few times. Now, Hiller’s is no Walmart, but for the only grocery 67

store in the county, it does a pretty good business. The few employees we have 68

cannot be “no shows.” After a while, the manager had enough and fired Devin. 69

There was a huge blow up in the office, with Devin saying things like, "You cannot 70

fire me. I need this job." And, "What do you expect me to do now?" For a minute I 71

thought I was going to have to call the police, but then Devin sort of shrugged and 72

walked out. That was back in January 2017. I do not know what Devin did for 73

money after that. But the word on the street was that Devin owed big money to 74

some pretty shady characters. 75

I remember the day Aunt Mae died, probably because it was a Sunday and I 76

had seen her the same day. I remember the weather was really nice and everyone at 77

church was very happy. A few months prior, the membership voted to raise money 78

- 25 -

to build a memorial and meditation garden on the church property. On Sunday, 79

October 15, 2017, we unveiled the architectural plans for the garden. Surely the 80

kick-off of the architectural plans accounted for the collection size that day, which 81

was more than double the usual giving. As was our usual practice, Aunt Mae and I 82

went into the church office around 12:30 p.m. to count the money after a few 83

minutes of socializing. I remember Devin's head popping in the door at one point 84

asking if Aunt Mae was ready to go. She laughed and said "You all go on, Devin. 85

Mel and I might be here a while. Everyone was so generous today. We have a lot of 86

extra money to count." Devin eyed the pile of bills sitting in front of us and said, 87

"You don't need any help with that?" Aunt Mae just laughed and said, "Shoo, 88

Devin. You go on." Devin left, then came back and said, "Well, I am heading back 89

with Jaylen. Sidney's gonna stay and wait on you." 90

After Devin left, we counted out the money the way we always did. Aunt 91

Mae counted out loud and I wrote it down. Then I counted out loud while she 92

checked my numbers. Then I typed up an itemized list of checks and cash collected 93

on the Weekly Collections form and we both checked it against our notes. Once we 94

made any corrections necessary, I printed it out and we each initialed the form. 95

Then I made two copies. The original went into my book to wait on the deposit slip 96

so I could enter it into the accounting ledger. One copy went with the money that 97

Aunt Mae put in her purse for depositing on Mondays. The other copy went into 98

Rev. Eckley’s mailbox so he could see how we were doing. 99

I woke up to the Monday news reporting about Aunt Mae losing her life to a 100

house fire. The news was devastating. I was just with Aunt Mae the day before. On 101

that Tuesday after the fire, Chief Hawthorne asked me some questions. Chief 102

showed me a series of photographs from the scene of the fire, and had me label 103

some spots on the property sketch of the Emerson Homestead (marked as Exhibit 104

#1). I confirmed a photo of the purse Aunt Mae always carried with her to church 105

- 26 -

and carried with her on October 15, 2017 (marked as Exhibit #6, Photo #2). That was 106

the purse she put the church deposit in on Sunday. Then it hit me, the church 107

deposit. I was in such shock about losing Aunt Mae, I did not think about the fact 108

that she was supposed to make the weekly deposit on Monday. When Chief 109

Hawthorne showed me the pictures of Aunt Mae’s personal items (marked as 110

Exhibit #6, Photos #3, #4, #5, #6, and #7) found near her purse, I asked where the 111

collection money was. It was missing. I provided Chief Hawthorne with an exact 112

copy of the Weekly Collections form that Lois Mae and I prepared together on 113

October 15, 2017 (marked as Exhibit #4). The tally of weekly collections accurately 114

reflects the checks and cash – in both amount and denomination – that Aunt Mae 115

put in her purse with the deposit. It was right after that when Aunt Mae and Sidney 116

left from church together around 12:50 p.m. 117

After everyone left church that day, I must have had a few things to do 118

because I stayed there until about 1:15 p.m. or so. I remember locking the door, 119

walking to my car parked in my reserve parking place next to church, where I 120

always park (labeled on Exhibit #1 as Reference Point #1). It was then that I heard 121

some commotion. I saw Sidney Alcott-Walden pacing around on the sand walking 122

path between the house and the pond, hollering into a cell phone (labeled on 123

Exhibit #1 as Reference Point #2). I could not make out all that Sidney was saying, 124

but I did hear something like "just won't budge" and "tell me something I don't 125

know" and "excellent offer but try telling her that." I guess I must have been staring, 126

because Sidney looked up and got quiet and then turned down the sand walking 127

path to the driveway to the main house. As I got in the car and turned my car 128

around in the parking lot, I saw Sidney pulling groceries out of a white Cadillac 129

and slamming the door in the driveway (labeled on Exhibit #1 as Reference Point 130

#3). I do not know what that was all about. Sidney is a realtor and was into making 131

- 27 -

real estate investment deals. Sidney always seemed to have something big cooking 132

and s/he was always hollering something into the phone. 133

Over the past few months, I’ve noticed Sidney taking a variety of wealthy-134

looking people on tours all around the property. Well, maybe “wealthy looking” 135

isn’t the best description, I but I knew they were city slickers and definitely not 136

from around these parts. I don’t think of myself as nosy or as a busy-body, I just 137

think I’m more observant than most. 138

Anyway, I saw Sidney again later that day when I returned to the church to 139

get some paperwork I had mistakenly left behind. My Uncle had asked me to 140

review a financial prospectus from an investment firm, Cobra Kai Investments. I 141

had finished my review and was going to give it to him at church that day, but he 142

never showed up. I guess it slipped my mind that I still had his stuff with me, 143

because I left the folder in the church office. I only remembered leaving it behind 144

when I sat down to eat and pulled out some pickle relish my uncle canned for me 145

last year. I called him and he said he would come to Hiller’s Shop-n-Save the next 146

day to get it, so I drove back to the church to pick up the folder and got there 147

around 6:55 p.m. There were no cars in the driveway either at the Carriage House 148

or the main house when I drove in, other than Jaylen's SUV. When I got out of my 149

car in the church parking lot, I heard a door close behind me. When I turned 150

around, I saw someone. I figured it was Devin heading out the back door of the 151

main house and going around the other side, not towards the church (labeled on 152

Exhibit #1 as Reference Point #4). It looked like the person was carrying something, 153

but it was twilight and some distance away. So, I could not see what it was. I was 154

going to wave, but I never did see Devin again. It was not unusual to see Devin 155

over there, so I went into the church to get my uncle's prospectus and my analysis. 156

I unlocked the door to the church and then the door to the office. I thought I 157

had left the packet on the table where we counted the money, but it was not there. I 158

- 28 -

had to hunt around for a while and finally found the folder on the filing cabinet in 159

Rev. Eckley’s office. I grabbed the packet and headed out, locking the doors behind 160

me. As I was leaving out on Longfellow Circle, Sidney about ran me off the road 161

coming out of the driveway. Sidney was not paying attention at all. I am not even 162

sure Sidney saw my car. I know Sidney definitely took me by surprise. Sidney's car 163

had not been there when I pulled in and I could not have been inside the church for 164

more than fifteen minutes. 165

It is funny what you do remember – the smallest things. For instance, when I 166

was getting back in my car with the packet, I remember smelling something 167

burning. I knew about a cookout at the Carriage House because Aunt Mae 168

mentioned that Jaylen was going to cookout before the big game. But this was much 169

later than when they would have been cooking. I just assumed the smell of smoke 170

was coming from the burn pile. A picture of the burn pile is marked as Exhibit #6, 171

Photo #1. A burn pile was on the other side of Emerson Hall to discard trash and 172

other things. I have used that burn pile before to dispose of old church records. 173

Now I wish I had checked on Aunt Mae. 174

- 29 -

STATEMENT OF NAT HAWTHORNE (Chief of Police and Fire)

1

My name is Nat Hawthorne. I am 47 years old. I was born and raised in 1

Roxbury, Concord County, Iowa. I am the Chief of the Concord County Police and 2

Fire Department. I graduated from Concord County High School in 1988. I attended 3

Southern Iowa University, where I obtained a bachelor’s degree in criminal justice 4

in 1992. 5

After graduating from college, I worked with the Dinkla County Sheriff’s 6

Office as a Uniform Patrol Officer for nine years, a Narcotics Officer for two years 7

and Forensic Specialist for eleven years. During that time, I completed several 8

training programs at the Iowa Criminal Justice Academy and the FBI Academy. I 9

obtained training certification in fingerprint/shoeprint analysis, crime scene 10

photography, blood stain analysis, arson investigation, and homicide investigation. 11

I am also certified with the American Board of Medico Legal Death Examiners. I am 12

a current member of the Iowa Sheriffs' Association, the International Homicide 13

Investigation Association, and the National Association of Fire Investigators. Five 14

years ago, when Chief Levis retired, I decided to apply for the position so that I 15

could return home to Roxbury. I was hired as the new Concord County Chief of 16

Police and Fire in 2012. 17

I was in charge of the investigation into the October 15, 2017, fire at Emerson 18

Hall on the Emerson Homestead and the related death of Lois Mae Alcott. I 19

prepared a complete report of the investigation, (marked as Exhibit #8) which also 20

includes the autopsy report. I am also familiar with all other exhibits in this case. 21

Dates and times of the incident were verified against the 911 Detail Report (marked 22

as Exhibit #9). 23

- 30 -

Dispatch called me at approximately 22:57 after having received a 911 24

emergency call at approximately 22:48 from Jaylen Whitman. I arrived at 1500 25

Wordsworth Road in Brook Farm, Iowa, at approximately 23:19. On scene, there 26

were Concord County’s fire apparatus, two of my officers, Sergeant Shipley and 27

Deputy Jessen, and the Concord Community EMS. By approximately 23:49 the fire 28

was sufficiently contained to allow department personnel to enter the structure in 29

an attempt to rescue any occupants. The rescue team found a body located in the 30

kitchen, and the victim was declared dead on the scene. It was determined there 31

was only one occupant, confirmed later to be Lois Mae Alcott. The coroner 32

transported the body to the morgue. 33

Once the fire was one hundred percent contained, my officers and I began 34

our fire investigation. As noted in the investigation report, we determined that the 35

fire started in the kitchen. Based on burn patterns, a towel soaked in an accelerant 36

near the stove started the fire. Due to the intentional nature of how the fire started, 37

our focus shifted to an arson investigation. Debris samples taken from countertops, 38

walls, ceiling joists, and flooring in the kitchen revealed appreciable traces of 39

petroleum based accelerant. Samples were also taken from the victim’s purse, and 40

its contents, which revealed appreciable traces of petroleum based accelerant. 41

There was significant damage to the structure and the surrounding area due 42

to the fire and the water involved in putting the fire out. The damage made it 43

impossible to obtain usable shoeprints or fingerprints inside or around the house. 44

On the night of the fire, we were unable to locate any source of the accelerant, such 45

as a gas can or another container located in the vicinity of the structure. During the 46

early hours of Monday, October 16, 2017, we focused our investigation on 47

- 31 -

conducting preliminary interviews with witnesses: Sidney Alcott-Walden, Jaylen 48

Whitman, and Devin Emerson. 49

In the preliminary interview in the early morning hours of Monday, October 50

16, 2017, Sidney Alcott-Walden provided the following regarding the incident of 51

that evening: Alcott-Walden last saw the victim at approximately 14:00. Alcott-52

Walden escorted the victim from the All Souls Church to Emerson Hall after the 53

victim and Mel Herman counted the collection money. Alcott-Walden prepared 54

lunch for the victim at the victim’s residence, which they ate together. Alcott-55

Walden acknowledged leaving after lunch and returning to the property at 56

approximately 19:05, but did not get an answer after knocking on the front door. 57

Alcott-Walden assumed the victim had already left the residence and was with 58

other family members at the Carriage House located on the Emerson Homestead. 59

Alcott-Walden left the property within a few minutes of arrival without speaking to 60

or seeing anyone. Alcott-Walden reported a near collision with Mel Herman while 61

leaving the property. Alcott-Walden reported arriving home in Walden Lake at 62

approximately 19:40 and watching some television before falling asleep. Alcott-63

Walden received a call from Jaylen Whitman about the fire and returned to the 64

victim’s residence. Alcott-Walden offered a sketch of the property (marked as 65

Exhibit #1), which has been extremely useful. 66


16, 2017, Jaylen Whitman provided the following regarding the incident of that 68

evening: Jaylen Whitman last saw the victim at church after the Sunday service on 69

the date of the incident. Whitman was with Devin Emerson from approximately 70

13:30 until approximately 18:45. Whitman accounted for their day together prior to 71

watching the baseball game alone. While watching the game, Jaylen Whitman was 72

- 32 -

on a video chat session with Miller Whitman from approximately 19:00 until the 73

end of the baseball game at approximately 22:30. Jaylen Whitman saw the fire at the 74

victim's residence from a bathroom window, called 911 from a cell phone, and 75

attempted to enter the victim’s residence to rescue the victim. Jaylen Whitman was 76

unable to rescue the victim due to smoke and heat and was found unconscious 77

outside the residence by first responders. Jaylen Whitman was treated at the scene 78

and released. Later, I obtained a recording of a recorded video chat session on 79

October 16, 2017, between Jaylen and Miller Whitman from Jaylen’s laptop. Miller 80

Whitman was out of state on the date in question. It was confirmed from the date 81

and time stamp on the video and a clock visible on the walls of the locations of both 82

parties to the call that Jaylen Whitman was present in the Carriage House from 83

19:00 until 22:30. Thus, I was able to exclude both Jaylen and Miller Whitman as 84

suspects. 85


16, 2017, Devin Emerson provided the following regarding the incident of that 87

evening: Devin Emerson claimed to have last seen the victim at approximately 12:30 88

on Sunday at All Souls Church. Emerson reported being with Jaylen Whitman at 89

the store and at the Carriage House until approximately 18:45. Emerson reported 90

returning to Ralph, Jr.'s house located on the Emerson Homestead and falling 91

asleep around 20:30, only to be awakened in the house known as Ralph Jr.’s house 92

located on the corner of the property at 1502 Wordsworth Road at an unknown 93

time by the sound of sirens related to the fire. 94

On the afternoon of Monday, October 16, 2017, I received the autopsy report. 95

The coroner positively identified the body as Lois Mae Alcott with dental records, 96

the owner and occupant of the house known as Emerson Hall. The medical 97

- 33 -

examiner, Dr. Thompson, also reported that Ms. Alcott’s death was not related to 98

the fire, but rather caused by blunt force trauma to the back of the head. Although 99

the fire damage to the body was too severe to determine even an approximate time 100

of death, the evidence is conclusive that she was deceased prior to fire exposure. 101

Upon review of the autopsy report, we immediately shifted our focus from 102

an arson investigation to a homicide investigation. I instructed two of my officers to 103

re-canvass the scene for additional evidence that might be relevant. The officers 104

recovered a cast iron skillet on the kitchen floor. The photograph of the cast iron 105

skillet is contained in Exhibit #6. The officers also recovered the Emerson Family 106

Bible from the residence, which had miraculously been spared from the blaze, and 107

which contained a drawing of the family tree (marked as Exhibit #5). Comparisons 108

between the skillet and the blunt force trauma to the victim’s back of the head 109

confirmed that the skillet was the murder weapon. 110

I took Sergeant Shipley with me to examine the surrounding area of Emerson 111

Hall. Upon examination of the burn pile (marked as Exhibit #6, Photo #1), I located 112

several items of interest, including a lady's purse and its contents. I photographed 113

the purse and its contents and secured the items in evidence bags. The photographs 114

I took are included in Exhibit #6. No fingerprints were found on these items. I 115

consulted with the fire personnel who were at the scene and confirmed that the 116

burn pile was burning at the time of the house fire and that water hoses were used 117

to douse it. The area immediately surrounding the burn pile was too damaged by 118

fire, water, and activity to obtain usable shoeprints. Further, the areas surrounding 119

the house and burn pile were covered in grass. However, we were able to lift six 120

full or partial shoeprints that appeared to be from athletic shoes from the sand 121

walking path between Emerson Hall and the burn pile leading to Ralph Jr.’s house, 122

- 34 -

occupied at the time by the defendant, Devin Emerson. The location of the six 123

shoeprints is labeled on Exhibit # 1 as Reference Point # 6. 124

According to information from the preliminary interviews, Mel Herman also 125

interacted with the victim on Sunday, October 15, 2017. On Tuesday, October 17, 126

2017, Mel Herman was interviewed and stated the following regarding the events 127

of October 15, 2017: Herman and the victim stayed after church to count the 128

collection money. Herman saw Devin Emerson at approximately 12:30 during a 129

brief encounter in the church office while Herman and the victim were counting the 130

weekly collections. Herman last saw the victim at approximately 12:50 leaving the 131

church with the collection money in her purse. Herman confirmed the purse found 132

in the burn pile (marked as Exhibit #6, Photo #2) was the purse into which the 133

victim placed the church’s collection money before departing the church with 134

Sidney Alcott-Walden. When shown the personal items pictured in Exhibit #6, 135

Herman questioned where was the church’s weekly collection money. To support 136

the existence of the weekly collection, Herman provided a tally copy of the weekly 137

collections prepared by Herman and the victim (marked as Exhibit #4). Herman 138

stated that the victim left the church escorted by Sidney Alcott-Walden. Herman 139

saw Sidney Alcott-Walden a second time at approximately 13:15. Herman began 140

referencing different locations on the Emerson Homestead and voluntarily marked 141

the locations on the property sketch provided (marked as Exhibit #1). As Herman 142

was leaving the premises and approaching his/her car parked in a reserved parking 143

space next to the church (labeled on Exhibit #1 as Reference Point #1), Herman 144

observed Sidney Alcott-Walden. Sidney Alcott-Walden was seen on the sand 145

walking path near Emerson Hall (as noted on Exhibit #1 as Reference Point #2) 146

speaking loudly on a cell phone, then retrieving grocery bags from a white Cadillac 147

(that Herman identified as belonging to Sidney Alcott-Walden) parked in the 148

- 35 -

driveway (labeled on Exhibit #1 as Reference Point #3). Upon returning to the 149

premises sometime around 18:55, Herman observed an individual matching the 150

description of Devin Emerson, known to Herman, at the rear of Emerson Hall. The 151

person in question appeared to be carrying something. Herman noted the location 152

on the property sketch (labeled on Exhibit #1 as Reference Point #4). In addition, 153

Herman drew an arrow in the direction the person left from the residence, who was 154

believed to be Devin Emerson. Upon departing the premises at approximately 155

19:10, Herman observed Sidney Alcott-Walden exiting the property in a white 156

Cadillac, driving erratically. 157

As a result of Mel Herman’s interview, my officers conducted a search of 158

Sidney Alcott-Walden’s vehicle and both residences on the same day. No athletic 159

shoes were found matching the shoeprints taken from the walking path near the 160

burn pile. Lab results showed no trace of accelerant on any shoes found in the 161

Alcott-Walden residences or on any swabs taken from Alcott-Walden's vehicle. We 162

also confirmed with the security staff at Alcott-Walden's gated community in 163

Walden Lake that Alcott-Walden's white Cadillac passed through the security gate 164

at exactly 19:38 on Sunday, October 15, 2017, by viewing the video footage and the 165

digital log recorded by the gate. Second, we clocked the travel time between 166

Emerson Homestead and Alcott-Walden's Walden Lake residence and confirmed 167

that it was a drive of approximately thirty minutes. Accounting for variances in 168

speed and traffic, the timeline of the movements reported by Alcott-Walden were 169

confirmed. Finding no evidence linking Alcott-Walden to the crime scene, I was 170

able to exclude Alcott-Walden as a suspect. 171

During our investigation on Tuesday, we searched the Carriage House, 172

occupied by Jaylen and Miller Whitman. We were granted access to the home by 173

- 36 -

Jaylen Whitman, who was present during our search. We took prints of all athletic 174

shoes found in the residence and we swabbed all of the shoes for trace evidence. 175

Our examination later revealed none of the shoes located in the Carriage House 176

matched any of the six shoeprints the lifted from the sand walking path. Lab 177

analysis later revealed no traces of accelerant on the soles of any shoes found in the 178

Carriage House. 179

While conducting the consent search of the Carriage House, we located a 180

container of lighter fluid with no fingerprints (marked as Exhibit #2) in the side 181

yard of the Carriage House (labeled on Exhibit #1 as Reference Point #5). Jaylen 182

Whitman identified the container as one used on the afternoon of the incident to 183

clean oil from the driveway and to light charcoal in the grill. Jaylen Whitman 184

reported storing the half-full container on a high shelf in the carport of the 185

residence after using the lighter fluid. We took the lighter fluid container, which 186

was nearly empty, into evidence and delivered it to the forensics lab. No 187

fingerprints were lifted from the lighter fluid container. 188

Also as a result of the interview of Mel Herman, we conducted a second 189

interview of Devin Emerson. The second interview of Devin Emerson was 190

substantively the same as the first, outlined earlier. When confronted with Jaylen 191

Whitman's statement regarding Emerson's visit to the victim's residence prior to 192

returning home, Emerson did admit to going to the main house after leaving 193

Whitman’s residence to see the victim before retiring to home for the night. 194

Emerson claimed to have left the victim in good health. Emerson also claimed to 195

have left the victim's residence by the front door, not the rear, and denied carrying 196

anything away from the property. Emerson had no explanation for failing to report 197

seeing the victim on the evening of the fire, stating, "I guess I just forgot." 198

- 37 -

We were granted access to the residence known as Ralph Jr.'s House by 199

Devin Emerson on October 17, 2017, who confirmed being the sole occupant and 200

who was present during our search. In the kitchen cabinet immediately to the left of 201

the refrigerator, a rubber-banded bundle of cash was found. The officer who found 202

the cash counted it in my presence. The amounts and denominations were recorded 203

as an itemized list included in the investigation report. In addition, loose cash (two 204

twenty dollar bills, a ten dollar bill and one five dollar bill) was found on the coffee 205

table in the living room of the residence. Both the bundled cash and loose cash were 206

secured in an evidence bag and delivered to the forensics lab. Lab results revealed 207

trace amounts of accelerant matching the other samples on two twenty dollar bills, 208

one five dollar bill, and four one dollar bills in the bundled cash. Our on-site search 209

also produced a pair of athletic shoes located in the bedroom closet (marked as 210

Exhibit #7 (A and B)). Lab analysis confirmed traces of accelerant were on the soles 211

of both shoes collected. Lab analysis later revealed those same shoes matched the 212

two shoeprints (marked as Exhibit #7 (C and D)) lifted from the sand walking path. 213

Two shoe casts were made from the shoeprints (marked as Exhibit #7 (E and F)). 214

We were unable to match the remaining four shoeprints to any shoes found during 215

our investigation. Because the unidentified shoeprints did not match any shoes 216

examined during our investigation, the casts of the four unidentifiable shoeprints 217

were accidentally discarded by the cleaning crew because they were not placed in 218

the evidence room. I gave the forensic tech a written reprimand, but it really does 219

not affect this case because the two identifiable shoeprints led us to Devin Emerson. 220

Now I should mention that Devin Emerson is not someone unfamiliar to 221

local law enforcement. Devin seemed to court trouble in a variety of ways. Out of 222

deference to the family – particularly Aunt Mae – the Concord County Sherriff’s 223

office practiced a form of “catch and release” when it came to Devin. For minor 224

- 38 -

mischief, drunk and disorderly, that kind of thing, we figured just getting Devin 225

out of immediate trouble was just fine. But over the course of the past year or so, 226

Devin seemed to be getting caught up with a more dangerous crowd. We suspected 227

that drug and alcohol use may have increased, along with gambling debts. A CI 228

(that’s a Confidential Informant) told me that Devin was into a local “financial 229

officer” (aka Loan Shark) to the tune of more than $35,000. The CI indicated that 230

when debts got that high, they were frequently sold to larger operators – in most 231

cases, people with ties to a Chicago mob. 232

Once s/he became a person of interest in our investigation, we obtained a 233

court order to search both cell phone and email records of Devin Emerson. We 234

recovered two cell phones from Devin Emerson’s place of residence. The first, a 235

standard iphone, contained nothing of interest. However, the second phone, was a 236

gold mine. Devin’s alternate phone is a pay-as-you-go device (standardly used for 237

criminal activities). Devin’s call records on this phone indicated a series of calls to 238

and from Chicago area exchanges. While most came up untraceable (most likely 239

other burner phones), one was traced to a phone belonging to a land development 240

company operated by Beatty Wiese, a well-known “developer” and suspected 241

organized crime intermediary. I have included a log of calls to and from those 242

suspect numbers. (Exhibit 11) 243

We also conducted a search of Devin Emerson’s email. While we did not 244

locate anything incriminating in Devin’s In box, we did recover an email thread 245

from his/her Deleted items folder. The emails appear to include a partial 246

conversation between Devin and a “BW,” whom we suspect is Beatty Wiese. The 247

email indicates that Devin owed Wiese a large sum of money, but that Wiese was 248

willing to work some sort of trade to even things up – a portion of Devin’s eventual 249

- 39 -

inheritance in exchange for debt forgiveness. (Exhibit 10 is a copy of this email 250

thread.) 251

Upon review of the results from the lab and consideration of all evidence 252

gathered, we obtained a warrant for the arrest of Devin Emerson. After being 253

advised of Miranda warnings, Emerson elected not to provide a further statement. 254

On Tuesday, October 24, 2017, Devin Emerson was arrested. 255

We already knew that Devin had both the means and opportunity to commit 256

the murder of dear Aunt Mae. Devin’s financial situation and her/his dealings with 257

Beatty Wiese and the Chicago underworld certainly provided the motive. 258

It is true that there is no scientific method for specifically matching or 259

identifying a particular type of accelerant from trace evidence. However, the extent 260

of the evidence in this case excludes any other possible suspect. In my opinion, 261

based on the shoeprints found at the scene matching Devin Emerson's shoes; the 262

trace evidence of accelerant at the scene of the fire, on the items found in the burn 263

pile, and on the shoes and the cash found in Devin Emerson's residence; the 264

container of lighter fluid found in the side yard of the Carriage House; and, Devin's 265

failure to initially disclose returning to the main house on the evening of the fire – 266

the evidence shows that Devin Emerson robbed and killed Lois Mae Alcott. Devin 267

Emerson then intentionally set fire to Lois Mae Alcott’s residence to cover up the 268

crimes. 269

- 40 -

STATEMENT OF SIDNEY ALCOTT-WALDEN (Victim’s Sibling-In-Law)

My name is Sidney Alcott-Walden. I am sixty-six years old. Lois Mae Alcott 1

was my sister-in-law. I loved Lois Mae dearly, as did everyone who knew her. I am 2

distraught to be involved in a murder case. It is a dark time for our family, and I 3

want it all to go away. Not to mention the loss of that treasured historical landmark, 4

Emerson Hall and family heirlooms – countless antiques destroyed by that fire! A 5

tragedy. That is all I can say. Miraculously, the firefighters were able to salvage the 6

Emerson family Bible. Exhibit #5 is a photo of a page from that very Bible with the 7

family tree. People just do not realize how valuable family treasures like that can be. 8

Although I married into the Emerson-Alcott family, I was never made to feel 9

like an outsider. I met Ashton and Lois Mae when we were little, and I spent many 10

happy years at the Emerson Homestead. I was a Walden, of course, part of another 11

important family in this part of the state. My people are from Roxbury, Iowa, just 12

west of Brook Farm. Though who you marry is not nearly as important as it used to 13

be – Waldens, Emersons, and Alcotts all come from the same stock, you know. That 14

is why when Ashton and I married, we both hyphenated our names, to carry on 15

both family's lineage, so to speak. Some people in the community did not approve 16

of our marriage, because of the eleven-year age difference. We did not care about 17

the age difference and had a wonderful life together until Ashton died of cancer in 18

2009. 19

I am well-versed in Iowa history and became somewhat of an Emerson 20

family historian, you might say. Like any old family tree with deep roots, you will 21

have your healthy branches and your – well, deadwood. Take Devin for example. 22

There was tragedy there with the death of his/her poor, young mother. Who knows 23

how Devin could have turned out if s/he had two parents and a good home like 24

here at the Emerson Homestead? By the time Ralph the third came crawling back to 25

- 41 -

Brook Farm with Devin, it was too late. Devin was plain trouble. Who knows what 26

Ralph the third is up to now? He left Devin at the age of sixteen and never looked 27

back. I had the family lawyers track him down in Florida a few years back and they 28

got him to sign a power of attorney so I could manage the property for the benefit 29

of the family. And thank goodness I did that, especially with Lois Mae getting on in 30

years and all. And Devin and that Jaylen (a distant cousin at best) squatting here 31

and there. And as you can imagine, the long-lost relatives are now coming out of 32

the woodwork since that tragic day. Everyone seems to want a piece of the pie. 33

I suppose everyone knows how valuable the treasured plot of land known as 34

the Emerson Homestead is nowadays, especially with the area growing so rapidly. 35

The entire plot of land encompasses approximately 850 acres of rolling landscape, 36

wooded areas and wetlands. Oh, and of course, we all were upset when the market 37

was collapsing and real estate values dropped significantly years ago. I have to 38

admit, not all of my investments paid off. I suppose you could say I am still 39

underwater somewhat on the mortgages on my house in Walden Lake and my 40

condo in the Wisconsin Dells, but property values are going up, up, up! All I need is 41

a little bump and no more worries. Some think I am capitalizing on the death of 42

poor Lois Mae, but I am not. The truth is I had been trying to convince her to sell off 43

some of the Emerson property for years with the houses in such disrepair. To be 44

totally honest with you, I am not so sure her house needed the urging of an 45

arsonist. That house worried me to death with her living in it all by herself. And, it 46

is such a large piece of property. Had she just listened to my advice and subdivided 47

the property a long time ago, she could have lived out her days in such comfort. She 48

could have stayed in the main house and had it all fixed up. And, with a few well-49

placed, well-appointed homes built on the property, what wonderful new 50

neighbors she would have had. 51

- 42 -

I know all this of course because I am a realtor and know the real estate 52

business. I even had a couple of my developer friends come out and look at the 53

property. I guess I should have told Lois Mae about that in advance. She ran one 54

young man – poor Mr. Nadipuram – off with a shotgun! I am afraid all of my efforts 55

in the two years were for nothing. She would not budge. I’ve had many types of 56

inquiries. A hotel and resort developer, the same people who run that fabulous 57

LeRoche Hotel and Spa in Des Moines, were interested in some of the land for a 58

destination spa. In 2016, another offer came from a wind energy company, 59

PrairieZephyr Corp, who were looking to relocate their headquarters. They even 60

sent their vice-president, Maggie White, out to tour the property. She seemed 61

extremely pleased with what she saw, but Lois Mae would have nothing to do with 62

her or her company. 63

Just that morning – the morning of her death, she and I had words about the 64

land and our financial situation. Oh, nothing ugly, but truth be told I was irritated. I 65

had a $5.5 million offer from a Chicago developer, and Lois Mae would not hear a 66

word of it. I was not going to lie when I told her I would get a 3% commission 67

equaling $165,000.00, but that was not for nothing! I worked hard getting plans 68

drawn up, finding investors, talking with county boards, dealing with lawyers and 69

what not. And not to mention dealing with Lois Mae…now she was a peach – truly. 70

But, when it came to that plot of land she was stubborn, plain and simple. 71

I had been working on that Chicago deal for months. I was originally 72

contacted by a representative of BW Development International about purchasing a 73

tract of land, If not the entirety of the property for an exclusive resort/retreat. The 74

deal looked good, and was sweetened when Beatty Wiese himself got involved. 75

That man is a marvel – there is no wonder why his real estate company and his 76

television shows do so well! Anyway, the offer was more than generous, but I had 77

to inform them that Lois Mae would never agree to sell the property – especially to 78

- 43 -

non-family members. That’s when things got a little more interesting. Mr. Wiese 79

himself asked whether a deal that included a family member might sweeten the 80

offer. I was flattered and flabbergasted. Here I thought that he was offering me a 81

job! Now, I suspect I know the truth. They clearly had some leverage over Devin. 82

They inquired about succession – you know, who would inherit, etc. At the time, I 83

didn’t think that questions was too odd since Lois Mae was getting up there in 84

years. I explained the best I could about who would control the property. I really 85

can’t remember if I mentioned the power of attorney that I have for Ralph the third 86

and how much of the estate Devin might eventually inherit. They seemed to know 87

something about Ralph the third, saying something like, “Don’t worry, Ralphie’s 88

out of the equation.” At some point, I must have provided them with contact 89

information for Devin, because a little while after that, Devin started haranguing 90

me about the land deal and her/his cut of the action. 91

The inheritance math of the Emerson Homestead was not as simple as each 92

of us inheriting a portion of the property. Ashton and Lois Mae’s mom, Anne 93

Emerson Alcott, was the favorite child. And out of the three grandchildren, Lois 94

Mae was the favorite grandchild. Ashton and Lois Mae’s grandfather, had a special 95

place in his cold old heart for his sweet Lois Mae – that is for sure. He treated my 96

poor Ashton like a nuisance and hardly acknowledged the existence of pitiful little 97

Ralph the third after he was carried off to Arkansas. Anyhow, in his will, Old 98

Emerson devised fifty percent of his estate to each of his children (Ralph Jr. and 99

Anne Emerson Alcott). But right before he died, he made a codicil. The old coot 100

gave his precious granddaughter Lois Mae a life estate in the Emerson Homestead, 101

making the condition that the property could not be sold without her consent. So, 102

you can see, upon his passing, the property was inherited by Ralph Jr. and Anne, 103

and then, on their passing to their children. So Ralph the third has his fifty percent; 104

which he does not care about. And Lois Mae and I each have twenty-five percent, 105

- 44 -

since I inherited Ashton's share. With Ralph the third's power of attorney, I 106

technically control seventy-five percent of the Emerson Homestead, but as long as 107

Lois Mae was living she had the rights to control what happened to the property. 108

Of course, Lois Mae really did not understand all of this, nor did she care. She had 109

an unrealistic idea that the value in the property was owning it, not selling it. I tried 110

to explain she could have it both ways by subdividing, but she would have none of 111

it. It all came to a head the day she died. It is my greatest regret in life that we 112

argued the last time I saw her. I will take that guilt to my grave. 113

I will miss our time together. Even after Ashton’s passing, I continued on 114

with joining Lois Mae for church on most Sundays. She had a hard time getting 115

around. So, the Sundays I would come, I would stay the night with her and run her 116

to the bank on Mondays in order to make the church deposit and any other errands 117

she needed. On the Sundays I couldn’t get to Brook Farm or stay the night, Jaylen 118

would fill in for me on Mondays. 119

I remember we were all at church together that morning – that is Jaylen, 120

Devin, Lois Mae and me. All Souls Church had a pew bench reserved for the family 121

with a plaque on it. The plaque was a tribute to the fact that Ralph Devin Emerson 122

had basically donated the land where the church sits on the Emerson Homestead. 123

He was progressive for his time and did not find traditional churches too much to 124

his liking, so he basically established his own after the Congregationalist and 125

Unitarian models he experienced traveling up north when he was younger. The 126

church was given a five hundred year lease for a whopping one dollar per year. 127

Rev. Eckley makes a big to-do of payment each year with a little tribute during the 128

Sunday service. Lois Mae would always come forward and receive the dollar on 129

behalf of the family and then make a show of putting it in the collection plate to a 130

nice round of applause. It was such a nice gesture. And, of course, every negotiation 131

I ever had on behalf of the family for development of the property ensured 132

- 45 -

protection of the church’s interests. One would think that would have softened Lois 133

Mae to the deal, but no. 134

Anyhow, it was a nice church service that day – a beautiful Fall day, as I 135

recall. The church recently kicked off a capital fund drive to build a memorial and 136

meditation garden on the side of the property near the pond. Rev. Eckley unveiled 137

the architectural plans that Sunday, which was well received by the congregation. I 138

socialized a bit while Lois Mae and Mel Herman counted the collection money. 139

When they finished, we all said our good-byes and I walked Lois Mae back to the 140

main house. We went inside and I tried to talk to her about the new deal I 141

negotiated, which got her all riled up. I wanted to give her a minute to calm down, 142

so I stepped outside and made a few phone calls. After I saw Mel spying on me, I 143

then walked over to my car to get the groceries I brought her and went back inside 144

with them. Mel loves to be in the middle of everyone's business around Brook 145

Farm. Between All Souls and Hiller’s Shop-n-Save – not much gets past Mel. But 146

everyone knows Mel is prone to exaggeration, and you cannot always count on the 147

accuracy of what Mel says. I honestly believe that Mel created the concept of “fake 148

news.” Anyway, I unloaded the groceries and fixed us a couple of sandwiches. 149

Once Lois Mae set her mind to something, there was not much swaying her, so we 150

ate pretty much in silence. We finished lunch and she shooed me out the door 151

around 2:00 p.m. 152

I left out of Lois Maes’ and stopped in to see my sister and her family in 153

Roxbury for a bit. I left when they sat down to dinner around 6:30 p.m. Even 154

though I was not expected back Sunday night since I was closing on a house for a 155

client Monday morning, I decided to stop back by the Emerson Homestead. It was 156

on my way home and only about thirty minutes from my sister's house. I was 157

hoping to smooth it over a little with Lois Mae and as a peace offering walk her to 158

the Carriage House to watch some of the baseball game with them. Personally, I 159

- 46 -

have zero interest in sports, but I did love Lois Mae and thought only of her 160

happiness. Unfortunately, with traffic to Lois Mae’s, I did not get there until after 161

the game had started. I knocked on Lois Mae’s front door, but she did not answer. 162

My thinking at the time was she had already left out of there to Jaylen's since the 163

game had already begun. So I drove my car to Jaylen’s. As I opened my car door to 164

get out, I could hear some carrying on inside of Jaylen’s. The TV was up loud and 165

there was all kinds of hooting at the ballgame. Since it was loud and I do not like 166

sports, anyway, I went ahead and headed on home. I am lucky to have made it 167

home – I guess. Seeing as how Mel Herman about ran me into a ditch flying down 168

the road from the church – probably on the phone gossiping about someone or 169

something or who knows what! 170

I arrived at my house in Walden Lake around 7:40 p.m. or so and do not 171

really remember doing much of anything the rest of that evening other than 172

watching a couple of real estate shows on HGTV and then going to bed. I think 173

probably House Hunters and maybe something else. I remember a young couple 174

looking for a house in the Mediterranean or maybe the Caribbean. I cannot be sure. 175

I just remember getting a call waking me up in the middle of the night. It was Jaylen 176

telling me to get back to Brook Farm right away because there was a fire at the main 177

house. 178

I raced back to the Emerson Homestead as fast as I could. I remember seeing 179

a lot of flashing lights and fire fighters at the main house. Before I could talk to 180

anyone in the family, I was pulled aside by Chief Hawthorne to answer some 181

questions. Some questions came up about the property, and I offered up a sketch of 182

the property that I had been using in my proposals with developers. Chief 183

Hawthorne seemed very appreciative of the property sketch (marked as Exhibit #1). 184

On Tuesday, October 17, 2017, Chief Hawthorne indicated that Lois Mae was 185

likely killed and the fire was intentionally set. Chief Hawthorne then asked if the 186

- 47 -

officers could search both of my homes and my Cadillac. I was more than willing to 187

do anything to help with the investigation and find Lois Mae’s killer. 188

It makes sense now why Lois Mae did not answer the door when I came to 189

get her for the game because she was probably already dead. I did not smell or see 190

any smoke – nothing. Oh, I wish I had! Maybe I could have saved her. The lawyers 191

tell me since I am Lois Mae’s closest living relative, I stand to inherit Lois Mae’s 192

25% of the Emerson Homestead bringing my share to 50%. But, I would refuse it all 193

if it meant getting back our precious Lois Mae and our glorious Emerson Hall with 194

all of its family treasures. 195

I really can’t say that I was overly shocked to learn that Devin had been 196

arrested – S/he’s been on a tear since coming back home. I don’t know how many 197

times I’ve been called down to the Sherriff’s office to pick Devin up. But I never 198

thought Devin would go after Lois Mae. Devin must have been really desperate. 199

I had a feeling that Devin had fallen into some serious debt. There were all 200

kinds of sketchy characters at Ralph Jr.’s house day and night. I had heard that 201

Devin had borrowed a sizeable amount from a loan shark. I honestly did not know 202

of the alleged connection between the lender and Beatty Wiese, with whom I was 203

negotiating the land development deal. I still have my doubts. I knew nothing 204

about Devin’s plan to sell off his/her interest in the property to pay off debts. Devin 205

must have been in too deep to think straight. Poor Lois Mae paid the price for 206

Devin’s rash actions. And the entire family suffers from her loss.207

- 48 -

STATEMENT OF DEVIN EMERSON (Defendant)

My name is Devin Emerson. I am 28 years old. I live at 1502 Wordsworth 1

Road in Brook Farm, Iowa. I am not married, and I have no children. The Emersons 2

are one of the oldest families in Concord County. My father was Ralph D. Emerson 3

the third, grandson of Ralph Devin Emerson, who built the main house or what is 4

known as Emerson Hall. 5

When my grandfather, Ralph Jr., first got married, they lived with his 6

parents in the main house. His sister Anne lived there, too, with her husband Amos 7

Alcott and their two twins, Lois Mae and Ashton. My grandfather, Ralph Jr., 8

converted the Carriage House to an actual house. He did all the work himself by 9

hand so he could raise his family there. Then he went off to fight in World War II. 10

While my grandfather was overseas in the war, my great grandfather, Ralph Devin 11

Emerson moved my grandmother and my dad back into the main house and put 12

Anne and her family into the Carriage House instead. The story goes that my great 13

grandfather then made a big show of building a new house on the property for 14

whenever my grandfather came back from the war, but my grandmother was put 15

out, thinking it was nothing more than a shack compared to the Carriage House. 16

Before my grandfather’s house, known as “Ralph, Jr.'s house,” was finished, my 17

grandfather died in the war. Shortly after, my grandmother left the Emerson 18

Homestead and took my dad to live with her family in Arkansas. The family gossip 19

is that my grandmother did not get along with her in-laws and was happy to leave 20

the Emerson Homestead entirely. Everybody still calls the house built for my 21

grandfather “Ralph Jr.'s house,” even though my grandparents never spent a night 22

there. It is hard to keep track of three generations of Ralph Emersons. Fortunately, 23

the family tree was kept in the family Bible at Aunt Mae’s, which was recovered 24

- 49 -

from the fire. Exhibit #5 is a photo of a page from that very Bible with our family 25

tree. 26

I was born in Arkansas, but my mom died when I was a little kid. My dad, 27

Ralph the third, was never quite right after that. In a way, I think he blames me for 28

Mom’s death. He brought me back to Brook Farm and moved us into Ralph Jr.'s 29

house and tried to raise me, getting work wherever he could. I guess I did not make 30

life easy for him. I was not a good student, and I ran around with people he did not 31

like. When I was about fifteen or sixteen, he gave up and left. He has moved around 32

a lot since then and I really do not know where he is now. Last I heard, he was in 33

California trying his hand acting in a couple of those Allyn Funt FriteNite videos. 34

But that was at least a year and a half ago. I half expect to get a knock on the door 35

from the Sherriff informing me of some tragic accident involving my father. It really 36

wouldn’t surprise me and, quite frankly, it might give this whole sorry relationship 37

some closure. 38

Aunt Mae let me stay with her in Emerson Hall for a while after my dad 39

left. She took care of me as best she could, making sure I went to school and 40

graduated high school. She even paid for me to take some classes at Concord 41

Community College, but I was not really into school. After that, I traveled around a 42

little bit and moved back here about eight years ago. Aunt Mae did not invite me 43

back to stay in the main house that time. I am not sure why. We were not close after 44

I came back, but I still adored her like a grandmother. I needed a place to stay and 45

did not have a job. Nobody was living in Ralph Jr.'s house, so I moved in there. I 46

guess it should be mine anyway, although I do not really know who actually owns 47

what. You would have to ask Sidney about those details. Living rent free is a pretty 48

good deal for me right now. I worked for Hiller’s Shop-n-Save for a while, but my 49

boss was a real jerk. He was always riding my case and finally I just had to leave. I 50

did get myself in a hole, owing some people money here and there, but no big deal. 51

- 50 -

I’m confident that I’ll find a way to pay off my debts. I had a deal with a local 52

financial provider. They informed me that my outstanding loans had been 53

transferred to a Chicago-area business interest. I later learned that this was the same 54

Beatty Wiese who I know had been talking to Sidney about developing the 55

homestead. 56

Sidney married Ashton Alcott, Aunt Mae's twin, who died awhile back. 57

Sidney and Ashton never had children. Sidney's relatives live here and there, but 58

Sidney is more part of the Emerson family – I guess. Sidney has taken care of pretty 59

much all of the family business. Sidney has a house in Walden Lake and a condo in 60

the Wisconsin Dells. Sidney is a realtor and always seems to have some kind of deal 61

going. 62

I admit that I like a good party. And when the party gets going good, my 63

friends and I can get kind of loud. Jaylen has had to come over a few times to tell us 64

to keep it down because the rugrat was trying to sleep. Anyway, I had some people 65

over on Friday night and the party kind of continued though most of Saturday and 66

into Saturday night. But I was there for Church on Sunday morning. That was real 67

important to Aunt Mae. 68

I remember October 15, 2017. It was a Sunday. I got dressed and walked to 69

the main house to get Aunt Mae. I meet her and Sidney and Jaylen's family every 70

Sunday at Aunt Mae’s and we walk to All Souls Church together, which is on the 71

Emerson Homestead. Anyway, the Sunday of the fire was normal. We had nice Fall 72

weather. Jaylen was going to cook out that day. Jaylen Whitman is my cousin – 73

somehow that works out, and I am not really sure how. Jaylen is from Aunt Mae's 74

father's relatives. Jaylen's parents have both passed, and now Jaylen's family lives in 75

the Carriage House. I guess Aunt Mae worked all of it out with them while I was 76

gone. Anyway, Jaylen and I left church at about 12:30 p.m. and Sidney stayed 77

behind to wait on Aunt Mae. Sidney was going to leave that afternoon and was not 78

- 51 -

expected back. Aunt Mae always counted the church collection with Mel Herman 79

on Sundays. When Jaylen and I left from church that day, we made plans to meet 80

back up and go to the store to get some stuff to cook out before the 6:30 p.m. game. 81

My family has always been big Cubs fans. The Cubs were playing in the National 82

League Championship Series in Los Angeles, so we were going to watch the game 83

at Jaylen's later that evening – even Aunt Mae. I don’ think Aunt Mae much cared 84

about sports in general, but she lived and breathed Chicago Cubs baseball. I’m just 85

glad that she got to see her beloved Cubbies win it all before she died. 86

So, I went to my house, got changed and whatnot. About an hour later, I 87

went with Jaylen to the store and picked up some drinks and food for cooking out. 88

When Jaylen and I got back from the store, the SUV was making a strange noise. 89

When Jaylen turned off the SUV in the driveway, it made some kind of a lurch and 90

a clunk. When we got out to look and see what was wrong, there was oil all over 91

the driveway. Jaylen pulled the SUV off to the grass and put some cardboard under 92

it. I pulled out the container of lighter fluid like the one marked as Exhibit #2 from 93

the backseat of the SUV and poured it on the oil spill. Lighter fluid got everywhere, 94

even on my shoes. 95

Later on, Jaylen cooked up some burgers. We ate and hung out for a 96

while. I took that opportunity to ask Jaylen to help me out, which was a waste of 97

time. I’ve gotten a little sideways with one of the people I borrow money from and 98

was trying to raise some quick cash. Jaylen gave me fifty-five dollars, like that was 99

some big deal. Jaylen and Miller like to poor-mouth, but they both have great jobs 100

and live in the Carriage House for practically nothing. Miller is just cheap. I surely 101

never would have asked Aunt Mae for money. I do not know where anyone got 102

that idea. Aunt Mae did not get out much and did not really understand what 103

things cost these days. I remember wanting to go to the movies as a kid and asking 104

her for money and she would hand me a dollar bill. I mean – a dollar for a movie. 105

- 52 -

Really? She meant well, but she was from a different time. Even if I told her I was in 106

trouble and needed money, she would probably hand me a ten thinking it was 107

enough! Anyways, it was nothing I could not handle, given some time. 108

I know that Jaylen thinks I’m paranoid, but I’ve noticed some strange 109

things around the homestead lately. And I’ve felt like I’ve been watched and 110

followed. It seems like this all began when I first started talking with that Beatty 111

Wiese character. Honestly, that’s where you should be directing your attention. 112

Wiese’s people are some seriously scary dudes. 113

Anyway, a few people dropped in and out for the cookout at Jaylen’s, 114

cousins and whatnot. By about 6:30 p.m. everyone had left but Jaylen and me. Like I 115

said, I had planned on watching the Cubs play the Dodgers at the Carriage House, 116

but I changed my mind and I was tired. See, Miller and the baby were out of town 117

staying with family in California. And, Jaylen had to stay back because of work. 118

Jaylen and Miller decided they were going to video chat during the game – oh what 119

fun. So, I went to the main house to get Aunt Mae and take her back to the Carriage 120

House to watch the game with Jaylen. Aunt Mae seemed upset when I got there. 121

When I asked her what was wrong, she said, "Oh, nothing. Don’t worry about it." I 122

tried to get her to at least go to Jaylen's to eat since she did not eat burgers with us 123

earlier. But, she said she was not hungry and that Sidney had fixed her some lunch 124

earlier. The way she spat out “Sidney” told me that Aunt Mae and Sidney must 125

have had a row earlier. She said she was tired and wanted to go on to bed early. I 126

offered to stay and watch the game with her if she did not feel like going down to 127

the Carriage House, but she said she might not watch anyway. That was weird. 128

Aunt Mae loved her Cubs and had been following the post-season and even 129

mentioned how much she was looking forward to the game on the way to church 130

that very morning. I asked if there was anything else she needed and she said no. I 131

- 53 -

gave her a hug and a kiss, left her there, and headed back to my house. I do not 132

remember leaving out the back door, but I might have. 133

I got back to my house just after the start of the game – about 7:00 p.m. or 134

so. As I was entering my house, Jaylen yelled out asking about Aunt Mae. I 135

responded that Aunt Mae was not coming and to go on and watch the game 136

without us. I watched the game by myself. I could hear Jaylen hollering all the way 137

from the Carriage House during the game. I tried to watch the game, but my heart 138

was not in it. Not to mention, I was stuffed from dinner and tired. I must have 139

fallen asleep around 8:45 p.m. The next thing I remember is waking up to the sound 140

of sirens. It was like the whole world was crashing down. I jumped up and ran 141

outside. There were emergency vehicles and so much chaos that it took me a few 142

minutes to get oriented. When I realized the main house was on fire, I quickly ran 143

over there. An officer saw me getting close to the house and grabbed me, holding 144

me back. I told them Aunt Mae was in there and they had to get her out. The fire 145

department finally got the fire out. The house was ruined and it was devastating to 146

see. It was even worse when they carried Aunt Mae's body out. I could not believe 147

it. I was in such shock. I do not even know what I told Chief Hawthorne the night of 148

the fire. 149

On the Tuesday after the fire, Chief Hawthorne and some officers came 150

back and said they suspected that someone killed Aunt Mae and set her house on 151

fire to cover it up. Of course, I agreed to cooperate with the investigation in any 152

way I could. I answered all of the Chief’s questions as best I could remember. I 153

thought nothing of it when Chief Hawthorne asked if my house could be searched. 154

I did not have anything to hide. They took the athletic shoes I was wearing at the 155

cookout that Sunday (marked as Exhibit #7 (A and B)). And, they took the money 156

that Jaylen gave me. Then, they showed me a wad of money they said they found in 157

the kitchen cabinet, but I had never seen that before. They also took my laptop and 158

- 54 -

my cellphones. Yeah, I have two phones. One is for personal calls and stuff and the 159

other is for business dealings. Someone from BWDI had given me the phone a few 160

weeks earlier and instructed me to use only this phone to call numbers provided at 161

specific times. 162

It never occurred to me that I could be arrested for something so horrible. 163

Did I owe some people some money? Yeah. Was I worried about coming up with 164

the money? Yeah. Would I kill my own family for it? No. No way. I did not kill my 165

Aunt Mae. She was fine when I left her. I did not take her purse or the church 166

money. I never went to the burn pile that night. I left out of her house and took the 167

path straight to my house. I do not know who did it, but it was not me. 168

Listen, at this point, all I want out of this is for the trial to be over, get my 169

cut of whatever’s coming to me, and get the heck out of here. Maybe my dad was 170

right. This whole family is toxic. You’ve got to get lost to survive.171

- 55 -

STATEMENT OF JAYLEN WHITMAN (Defendant’s Cousin)

My name is Jaylen Whitman. I am thirty-two years old. I live at 101 1

Longfellow Circle in Brook Farm, Iowa. I live with my spouse, Miller, and our 2

adopted son, Chaucer, who is four years old. Miller is from the Los Angeles area, 3

and I went to the UCLA. That is how we met. I am a lab technician at Concord 4

County Hospital. I work nights – Tuesday through Saturday. Miller works days as 5

the scheduler for a medical group in Dubuque, so we share the child-rearing 6

responsibilities. We can also share a vehicle with our schedules, which is good. We 7

have had some tight times. Miller was out of work for a while when the economy 8

went bad. Plus, we both owe student loans and have some bills related to the 9

adoption. We are not rich, but we are happy with what we have. We are certainly 10

grateful to Aunt Mae for letting us live in the Carriage House. 11

Aunt Mae is not really my aunt. Her father, Amos Alcott, was cousins with 12

my mother Ruth. But everybody just called her Aunt Mae, family or not. I brought 13

Miller to a family reunion at the Emerson Homestead right after we first got 14

married. We found out then that the Carriage House was vacant, so we made 15

arrangements with Aunt Mae to rent it from her. We practically had to twist her 16

arm to take any money at all, but finally got her to agree to take $500.00 a month. To 17

be honest with you, I think she turned that money right back around and put it in 18

the church collection at All Souls Church. 19

Well, anyway, church was still a real big deal for Aunt Mae even though she 20

was starting to have some trouble getting around. She was devoted to All Souls. 21

She planted flowers there and made sure something was blooming pretty much 22

year-round, either outside or in. She was big into the ladies' group at church, even 23

as she got older and it was more difficult for her to get around. A pot luck, a fall 24

carnival, whatever was going on, she was like a queen with her court. She served as 25

- 56 -

the church treasurer for as long as anyone could remember. Miller sometimes 26

expressed concern about her taking the church money home to deposit the next 27

day, but I was not worried. We live way out in the country, and folks out here are 28

trustworthy. Even if someone was intent on getting to Aunt Mae and her little 29

church deposit, there is no way they could get to the main house known as 30

Emerson Hall without us knowing. The Carriage House sits at the fork in between 31

the driveway to the church and the main house. A car cannot get onto the property 32

without us hearing it or shining lights into our windows. Sunday is really the only 33

day there is any real traffic coming through the Emerson Homestead on account of 34

church. The rest of the week it is just Rev. Eckley and Mel Herman driving in and 35

out on church business and when Sidney stopped in to check on Aunt Mae. Sidney 36

would come to church most Sundays. If Sidney stayed over on a Sunday night, s/he 37

would get up the next morning to run Aunt Mae on her errands and take her to 38

make the church deposit. I would fill in for Sidney and run Aunt Mae around on 39

Mondays when Sidney couldn’t do it. I can always tell Sidney's coming around 40

because of the sound that old Cadillac makes. That old thing has got some kind of 41

squeak you can hear from the time it turns off of Wordsworth Road onto 42

Longfellow Circle. 43

I remember the day of the fire quite vividly. I walked over to the main house. 44

Sidney was already there, and Aunt Mae was ready for church. We all walked over 45

to church together, even Devin. Devin tends to stay out late with friends and 46

Saturday night festivities often interfere with Sunday morning activities. But, Aunt 47

Mae was tickled to see Devin at the main house that morning because it had been 48

some time since Devin had gone to church with us. Aunt Mae confided in me that 49

she was concerned about Devin's situation. Aunt Mae said Devin had been asking 50

her for money, and it was more than she could afford. She said Devin seemed put 51

out with her that she could not help out. As long as I have known Devin, Aunt Mae 52

- 57 -

was helping her/him. Devin has never been … how do I say this … focused? 53

ambitious? Devin has a great personality – lots of fun – fun-loving. Devin is 54

becoming more and more like his/her father and lacks responsibility. After all, 55

Devin’s father was no parent – that is for sure. Aunt Mae practically raised Devin 56

and Devin adored her. I would not say Aunt Mae was upset with Devin lately. She 57

was worried more than anything. Devin hangs out with some shady characters. 58

There are lots of comings and goings at all hours of the day and night at Ralph Jr.'s 59

house. I didn’t always hear or see that traffic, but frequently there are lights on at 60

the house all hours and the driveway full of vehicles. A couple of times, I’ve had to 61

call or go over there to ask Devin to keep the noise down for Chaucer’s sake. Aunt 62

Mae's worry could have been well-founded. I try not to mess too much in other 63

people's business. 64

The church service ended at 12:30 pm. Sidney stayed back to wait on Aunt 65

Mae, and Devin and I proceeded to head to our homes. I said goodbye to Sidney 66

before leaving. I confirmed with Sidney that I would drive Aunt Mae on Monday 67

morning since Sidney was leaving that afternoon. Around 1:30 p.m., Devin and I 68

drove to the store to get some stuff for cooking out. I remember Devin picking up 69

this huge container of lighter fluid. I laughed and said, "We were only cooking 70

some burgers, not having a bonfire." It is a good thing Devin got the large size, 71

though. We ended up using about half of it on the driveway when the SUV leaked 72

oil everywhere. I guess we were thinking it would work like turpentine or mineral 73

spirits or something. Instead, it ended up being a bigger mess. 74

The plan was for me, Aunt Mae, and Devin to watch the baseball play-off 75

game together at the Carriage House. I wouldn’t miss a big game between the Cubs 76

and the Dodgers. My northeast Iowa family members are all Cubs fans, of course, 77

but Miller and I are Dodger fans, through and through. It was such a nice day, 78

unseasonably warm for mid October. Miller and Chaucer flew out of town to visit 79

- 58 -

family in California. I could not get off work, but it was my mother-in-law’s sixtieth 80

birthday, so they went without me. Devin and I just hung out in the side yard, 81

eating some of my famous burgers. A few people came and grabbed some food and 82

sat for a while. After everyone left, Devin asked me for some money. I was 83

surprised. Devin never asked me for money before. I was happy to help, but I am 84

very careful about keeping a budget, and we simply did not have any money to 85

spare that month. Especially, since we had the extra expenses with Miller visiting in 86

California. I had fifty-five dollars left in my wallet, so I gave it to Devin and 87

promised I could pitch in more after I got paid again on November first. Devin 88

shrugged it off. Devin said not to bother and that it would all work out and left to 89

go get Aunt Mae. 90

Now, I must say that Devin seemed edgier than usual in the couple of weeks 91

leading up to Aunt Mae’s death. Looking back, it seems clear that something was 92

really weighing on Devin’s mind. At the time, I chalked it up to the usual party 93

hang-over, not enough sleep, etc. At one point, Devin told me that s/he was afraid 94

that there were people on the property late at night – kind of a stalking situation. I 95

just joked about it, saying something like, “Devin, you’ve got strangers at your 96

house ALL of the time.” Apparently, that was the wrong thing to say, since Devin 97

just got more morose and more paranoid. 98

Anyway, Devin headed to the main house to see if Aunt Mae wanted to 99

come down for the game as planned. After Devin left, I doused the coals and 100

walked over to dump them on the burn pile (marked as Exhibit #6, Photo #1). As I 101

was headed into the Carriage House, I saw Devin walking into Ralph Jr's house. I 102

yelled over and asked if they were coming over for the game. Devin responded, 103

"No. Aunt Mae is too tired. I am just going to watch from here." I asked if I should 104

take a plate to Aunt Mae, but Devin said I should not disturb her and that she had 105

already eaten. I did not see or hear anyone after that until the fire. 106

- 59 -

Miller and I video chatted while we watched the ballgame. We always record 107

our video chat sessions because Miller is making a video scrapbook for Chaucer. 108

We record just about everything. I get a little excited during baseball play-off 109

season and that was not a good night for Cubs fans. But Dodger fans sure had a lot 110

to cheer for! It was a really great game and we watched to the very end – and a few 111

minutes after, still celebrating the walk-off home run from Justin Turner. 112

I said good night to Miller, logged off the video chat session, shut down the 113

laptop, and headed to bed. I was brushing my teeth when I noticed a strange 114

orange glow coming through my bathroom window. I looked through the blinds 115

and saw flames coming from the main house’s windows. I guess that is when the 116

adrenaline kicked in. I grabbed my cell phone and dialed 911 as I ran to the main 117

house. The defense attorneys showed me the 911 detail report (marked as Exhibit 118

#9) and it accurately depicts the conversation I had on the night of October 15, 2017. 119

I remember thinking I needed to get inside and get Aunt Mae, but there was no 120

way. I ran onto the porch, but the smoke and heat were too much to even get to the 121

door. I ran back and around the left side of the house, hoping I could get in through 122

the back door, but it was worse back there. I was crying out for Aunt Mae at the top 123

of my lungs – so much I was gulping in smoke and soot. I kept looking for a way 124

into the house with the flames and felt utterly hopeless. Then it hit me. I had 125

stopped on the far side of the house, doubled over trying to catch my breath, when 126

something caught my eye behind me. The burn pile was on fire. I remember 127

thinking, "It's my fault. I started the fire when I dumped the coals. I killed Aunt 128

Mae." That is when I must have passed out, because I woke up in the ambulance 129

getting oxygen. When I came to, I called Sidney about the fire. EMS released me 130

once my oxygen levels were good. As it turned out, the fire was too involved for the 131

firefighters to get to Aunt Mae and we lost her that night. After Aunt Mae was 132

taken away and the fire was out, Chief Hawthorne asked me some questions. 133

- 60 -

On Tuesday, October 17, 2017, Chief Hawthorne and some officers came out 134

to the Emerson Homestead. Chief indicated that they suspected Aunt Mae had been 135

killed and her house was most likely set on fire to cover it up. I was shocked. Chief 136

Hawthorne and the officers were out there to do further investigation. I was willing 137

to do whatever I could do to help. I was with the Chief when the officers searched 138

my house and yard. They even checked all of our athletic shoes. I was surprised 139

when they found the container of lighter fluid (marked as Exhibit #2) by the 140

Carriage House in the side yard. I never would have left it there out of concern for 141

my child’s safety. I distinctly remember putting it up on a shelf in the carport when 142

I was cleaning up after the cookout. I also know that the container was about half-143

full at the time I put it away. Chief Hawthorne asked me some more questions 144

about that Sunday. I provided Chief a copy of the recorded video chat session with 145

Miller I had that Sunday night by downloading it from my laptop. 146

I understand now that I was just overcome by the fire and the fire was not 147

my fault. I cannot imagine anyone in our family being responsible for Aunt Mae’s 148

death especially Devin, who adored her like a grandmother. It does not add up. I 149

cannot explain it. After the cookout, no other cars came on to the property that I 150

know of. I do not know why anyone would want to hurt Aunt Mae. Whoever killed 151

her did not have to kill her for the money. She would have given it to them. 152

Everyone loved Aunt Mae. Our son asks about her now all the time. It is hard to 153

explain to him that she is no longer here. It is all very sad. 154

- 61 -

STATEMENT OF PARKER PUTNAM (Insurance Investigator)

My name is Parker Putnam. I am 60 years old. I am semi-retired and 1

occasionally work on a contract basis as an insurance investigator for insurance 2

companies. I work out of an office in Madison, Wisconsin. I had a 24-year law 3

enforcement career beginning in 1983 and retiring in 2007. During my career, I 4

served as a firefighter, a Fire Service Principles and Practices Instructor, a 5

Fire/Arson Investigator, and the Chief Investigator – all for the City of Chicago 6

Police and Fire Department. During my tenure with the Chicago Police and Fire 7

Department, I started out as a firefighter and was promoted to the Assistant 8

Training Officer within five years. I was certified as an instructor in Fire Service 9

Principles and Practices in 1989. I instructed programs in all aspects of fire and 10

arson investigation for both the Illinois Fire Academy and the National Fire 11

Academy and numerous local, state, and federal agencies, including the U. S. 12

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Academy. I 13

was appointed to the Department's Fire/Arson Investigator position in 1995, which 14

required extensive forensic knowledge. From there, I was promoted to the position 15

of Chief Investigator in 1999. As Chief Investigator, I managed all criminal 16

investigations concerning fires, explosives, and forensics within the jurisdiction of 17

the City of Chicago. 18

I have successfully completed over 4,800 hours of specialized training in fire 19

cause determination, fire/arson investigation, explosives, shoeprint and fingerprint 20

analysis, forensic analysis, criminal justice, and numerous other fire service and law 21

enforcement courses. I have completed courses of study at several institutions of 22

higher education including the University of Illinois and the Feinberg School of 23

Medicine at Northwestern University. I have physically investigated over 5,000 fire 24

- 62 -

scenes. I have participated in over 350 live fire test burns, exercises, and fire related 25

research projects assisting agencies, including the ATF. I have been qualified as an 26

expert in fire cause determination, arson investigation, and forensic analysis in both 27

state and federal courts. I am a member of numerous professional organizations in 28

addition to International Association of Arson Investigators (IAAI), including: The 29

National Fire Protection Association (NFPA), the International Association of Fire 30

Chiefs (IAFC), the Illinois Insurance Fraud Investigators Association, the 31

International Academy of Forensic Sciences (IAFS), and the Illinois State 32

Firefighter's Association. 33

I was dedicated to my job with the City of Chicago. It is true that I was fired, 34

but it was based on false allegations. I was accused of stealing public funds by 35

creating false expense reimbursement sheets. It was all a lie. In fact, they had to 36

find a way to get rid of me because I was raising serious concerns about the quality 37

of some of the investigations at the department. Over time I started to see 38

investigators lapsing into sloppier and sloppier practices, even pushing the lines of 39

ethics to get convictions. This was especially true with the younger, newer 40

investigators and police officers, coming in with less training and experience, while 41

older, more seasoned employees were incentivized to leave with early retirement 42

deals to save the department money. I would not take the deal, so the higher-ups 43

had it in for me. Then when I started to complain about the lack of quality in some 44

of the arson investigations that threatened our arrest and conviction rates and even 45

called into question the validity of some of the guilty verdicts, the higher-ups 46

trumped up charges and forced me out. I was humiliated in the press and lost my 47

pension. Now I dedicate my work to exposing sloppy investigations and protecting 48

innocent people like Devin Emerson from wrongful convictions. 49

- 63 -

I have also been called in to do departmental reviews in the wake of scandals 50

and high profile cases. For example, I reviewed the procedures of the Danville 51

Police Department in 2011 after the tragic death of that poor little girl poisoned by 52

her grandparent. I also undertook a complete procedural review of the Gotham City 53

Police Department 2 years ago after the Robin Wayne case rocked the world. 54

In this instance, I was retained by the Allsfair Insurance Company that 55

insured the entire Emerson Homestead, to include all of the residences and church. 56

I was hired to review the evidence gathered in the investigation on the death of Lois 57

Mae Alcott and provide my expert opinion. I have reviewed all of the exhibits in 58

rendering my opinions and in preparation for the trial of this case. Based on my 59

review of the exhibits, I render the following opinions, to a reasonable degree of 60

scientific certainty: (1) The fire was intentionally set; (2) The trace evidence of a 61

petroleum based liquid consistent with an accelerant collected was inconclusive; (3) 62

The time that the fire was started is indeterminate; and, (4) The investigation of the 63

fire and the death of the victim was inadequate. Therefore, it is my expert opinion 64

that there is no reasonable means to determine who set the fire. My fee for this 65

investigation and report totaled $9,500.00. It was paid by the insurance company. I 66

am not charging a fee to testify at the trial. 67

I agree with the assessment of Chief Nat Hawthorne that the cause of the fire 68

was an item soaked in accelerant ignited by the stove in the kitchen of the residence. 69

The fire spread with the assistance of an accelerant distributed throughout the 70

kitchen. Although I have no doubt that the fire was intentionally set, I cannot 71

conclude that it was set by the defendant or any other particular individual. The 72

trace evidence of accelerant collected from the lighter fluid container, the 73

defendant's athletic shoes; the bills; the countertops, walls, ceiling joists, and 74

- 64 -

flooring in the kitchen; and, the items found in the exterior 'burn pile' is insufficient 75

to link the arson to a particular individual. In fact, it is impossible to conclude that 76

the accelerant samples all came from the same source. 77

Often, fire investigators need to identify similarities between samples of 78

known flammable and combustible liquids collected at the scene (such as those 79

found in containers or obtained from other sources near the fire scene) and 80

flammable and combustible liquid residues found in fire debris. Flammable and 81

combustible liquid residues in debris samples may come from sources inherent to 82

the scene, or may be brought to the scene from another source. While trace evidence 83

from the countertops, walls, ceiling joists, and flooring in the kitchen tested positive 84

for the presence of a petroleum based liquid, there is no reliable scientific method 85

for determining that the liquid sample from the lighter fluid container was the same 86

product as contained in the debris samples from the kitchen. Further, no other 87

liquid samples were collected or tested for comparison. We do not know if any 88

other liquid accelerants that might be the source were present in the house or 89

elsewhere on the property. Chief Hawthorne did not find any evidence of an 90

accelerant source on the night of the fire. However, on October 17, 2017, Chief 91

Hawthorne found the lighter fluid container, concluded it was the fire source, and 92

looked no further. 93

Comparisons are often requested by fire investigators when statements, 94

evidence, or circumstances indicate that an accelerant may have come from a 95

specific source, like a suspect's automobile or a nearby gas station, or in this case, 96

the lighter fluid container. Forensic science analysts can occasionally discriminate 97

between samples of similar materials as having clearly different sources. However, 98

if no differences are found, the strongest statement which can be made is that the 99

- 65 -

samples might have had a common source. This is due largely to the near 100

impossibility of accounting for every possible source. The best samples for such 101

comparisons are liquid-to-liquid samples. It is much more difficult to determine a 102

common source using liquid samples and debris samples, such as we have in this 103

case. Most flammable and combustible liquids used to accelerate the spread of a fire 104

are products refined from crude oil. Crude oil and its refined products, such as 105

gasoline, kerosene, and diesel fuel, are complex mixtures of thousands of different 106

organic compounds. 107

Further, the trace evidence collected from the defendant’s athletic shoes, the 108

cash found in the defendant's living room, and the victim’s purse and its contents 109

found in the burn pile cannot be definitively traced back to the accelerant found in 110

the debris samples. The only common factor between all samples is the presence of 111

a petroleum based liquid consistent with an accelerant. Even assuming that the 112

accelerant is the same as that found in the lighter fluid container, it can be traced 113

back to the defendant's and Jaylen Whitman's activities at Whitman's residence 114

earlier in the afternoon of October 15, 2017. Again, while all of the samples might 115

have a common source, the evidence cannot establish that with any degree of 116

certainty. 117

I am also concerned about the adequacy of the investigation process itself. To 118

start, a day passed between the fire and the start of the homicide investigation. The 119

Chief also concluded that the defendant committed the crime based on two key 120

pieces of information: One, the defendant's shoes match shoeprints found on the 121

sand walking path between the residence of the victim and the residence of the 122

defendant. Second, traces of accelerant were found on the defendant's shoes and the 123

money found inside the defendant’s residence. 124

- 66 -

Shoeprints are different than fingerprints. Fingerprints are unique to 125

everyone and present specific loops, whorls, and arches that can be identified to a 126

specific person. Shoeprints are not unique and there is no way to determine whose 127

actual foot was in the shoe at the time the shoeprint was made. While the evidence 128

collected suggests that the defendant was on Emerson Homestead, this comes as no 129

surprise, since the defendant lives on the Emerson Homestead. Therefore, the 130

defendant would have reasonably relied upon the sand walking paths to travel to 131

and from the different buildings located throughout the Emerson Homestead. 132

Additionally, the defendant’s shoeprints only account for two of the six found. The 133

four unidentified shoeprints could belong to the person who committed the crime. 134

Unfortunately, we will never know because the officers failed to sample the shoes 135

of other potential suspects on the night of the incident, specifically Jaylen Whitman 136

and Sidney Alcott-Walden. The officer waited until two days later. This critical 137

delay allowed plenty of time for the criminal to dispose of his/her shoes. Moreover, 138

had shoes been recovered, the police have nothing to compare them to due to the 139

casts of the four unidentified shoeprints inexplicably disappearing. 140

Additionally, I believe that there is no value in the evidence that the currency 141

collected during the investigation had traces of accelerant. The investigation report 142

shows that the cash collected from the kitchen cabinet in the defendant's residence 143

was placed in the same evidence collection bag as the cash found on the coffee 144

table. The fact that traces of accelerant were found on cash from both sources is not 145

at all surprising given the fact that this evidence was likely cross-contaminated in 146

the collection process. The loose cash collected was most likely given to the 147

defendant by Jaylen Whitman after the two used lighter fluid to clean an oil spill. 148

Accelerant by its very nature is combustible because of its evaporation point. Once 149

an item carrying an accelerant is placed in a closed container, such as an evidence 150

- 67 -

bag, the evaporating gas collects in that container. As a result, all items in that 151

container may then show traces of accelerant. We do not know which of the bills 152

actually had traces of accelerant on them prior to being placed in the evidence bag 153

because the bills were not tested until after being held in the bag for some period of 154

time. It may be that the bills from the coffee table contained traces of accelerant 155

following the defendant and Whitman's handling of lighter fluid while at the 156

Carriage House. Or, it may be that the bills from the victim's purse contained traces 157

of accelerant. Unfortunately, there is no way to know, given the mishandling of this 158

evidence. 159

Having lived and worked in Chicago for many years, I am familiar with 160

Beatty Wiese and his real estate development empire. Mr. Wiese was always 161

supportive in any investigation undertaken involving his properties, a few of which 162

were torched by arsonists during my tenure with Chicago Police and Fire. Mr. 163

Wiese’s interests go beyond the city of Chicago, so I do not find it unreasonable that 164

he might reach out to owners of large land holdings in the area for possible 165

development. And if he could give a financial hand up to someone wracked with 166

debt, more’s the better. I don’t find anything untoward in the email recovered by 167

Chief Hawthorne nor do I find it unusual that there would be a number of phone 168

conversations surrounding a potential land deal. This portion of the “evidence” is 169

clearly trumped up to cast a dark cloud on both Devin Emerson and Beatty Wiese. 170

Therefore, it is my expert opinion that the fire was intentionally set, the 171

samples of accelerant were inconclusive to point to any specific individual, the time 172

the fire started was indeterminate, and the investigation conducted by Chief 173

Hawthorne was completely inadequate.174

- 68 -

EXHIBITS

- 69 -

EXHIBITS LISTING (AVAILABLE TO BOTH PARTIES)

The parties have stipulated to the authenticity of the trial exhibits listed below. The Court will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have reserved any objections to the admissibility of any of these exhibits until the trial of the above-captioned matter. The trial exhibits may be introduced by either the Prosecution or the Defendant, subject to the Rules of Evidence and the stipulations of the parties contained in the materials.

# EXHIBIT DESCRIPTION 1 Property Sketch of Emerson Homestead

2 Lighter Fluid Container Photo

3 TV Guide Listing for October 15, 2017

4 All Souls Church Weekly Collections for October 15, 2017

5 Emerson Bible Family Tree Photo

6 Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

7 Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

8 Investigation Report

9 911 Detail Report for October 15, 2017

10 Email Thread Recovered from Devin Emerson

11 Cell Phone Records of Devin Emerson The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on other evidentiary issues.

- 70 -

Exhibit #1: Property Sketch of Emerson Homestead

All S

ouls

Chur

ch

- 71 -

Exhibit #2: Lighter Fluid Container Photo

64 FL.OZ.

FLAMESFORD

Charcoal Lighter

Odorless & Quick Starting

2QT (64 FL OZ)

1892mL

DANGER: Harmful or fatal if swallowed, combustible. Keep out of reach of children. Petroleum based. Read precautions on side panel.

- 72 -

Exhibit #3: TV Listings for October 15, 2017 (all times Eastern Time Zone)

- 73 -

- 74 -

Exhibit #4: All Souls Church Weekly Collections for October 15, 2017

All Souls Church

Weekly Collections

Week of Sunday, October 15, 2017

Checks:

E. Dickinson (#3767) $25.00

L.M. Alcott (#9809) $100.00

J. Bartley (#302) $35.00

J. Whitman (#4466) $25.00

A. Irlbeck (#222) $50.00

E. Keast (#367) $45.00

Total Checks: $280.00

Cash:

Fifties (2): $100.00

Twenties (46): $920.00

Tens (36): $360.00

Fives (39): $195.00

Ones (62): $62.00

Total Cash: $1,637.00

Total Collections: $1,917.00

Counter #1: mh Counter #2: LMA 102 Longfellow Circle phone (563) 555-4321 Brook Farm, Iowa 50000 Fax (563) 555-8756

- 75 -

Exhibit #5: Emerson Bible Family Tree Photo

(Page 1 of 2)

- 76 -

Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

(Page 2 of 2)

- 77 -

Exhibit #6: Evidence Photos: Burn Pile, Purse, Purse Contents, Cast Iron Skillet

(Page 1 of 3)

- 78 -

Exhibit #7: Evidence Photos: Shoes, Shoe Soles, Shoeprints, Shoe Casts

(Page 2 of 3)

- 79 -


(Page 3 of 3)

- 80 -


(Page 1 of 6)

- 81 -

Exhibit #8: Investigation Report

Concord County Police and Fire Department OFFICIAL INCIDENT REPORT

Date of Report: October 26, 2017 Investigator: Nat Hawthorne, Chief Incident Location: Emerson Homestead 1500 Wordsworth Road, Brook Farm, Iowa 50000 Incident Date: October 15, 2017 Incident Number: #17-01036 INCIDENT SUMMARY The fire originated at the residence known as Emerson Hall, located at 1500 Wordsworth Road, Town of Brook Farm, County of Concord, Iowa. The property is owned by the Emerson and Alcott-Walden families. The body of the victim, Lois Mae Alcott, was recovered in the kitchen of the residence and confirmed with dental records. The victim was the only known occupant of the residence. The cause of death was blunt force trauma to the back of the victim’s head from a cast iron skillet, which occurred prior to the fire. Items of value in the possession of the victim at the time of the incident were removed from the residence prior to the fire. SCENE INVESTIGATION The scene investigation was conducted on October 15, 16, and 17, 2017. The initial 911 call came in at 22:48 on Sunday, October 15, 2017 (marked as Exhibit #9). I am also familiar with all other exhibits in this case. I was dispatched by Central at 22:57. I arrived on scene at 23:19 and took over Wordsworth Command. The fire was sufficiently contained by 23:49. The body was recovered from the kitchen floor and taken to the morgue by the coroner. Preliminary interviews began shortly afterwards. During a preliminary interview, I was able to obtain a property sketch of the Emerson Homestead from Sidney Alcott-Walden that I used in my interviews and investigation. Preliminary interviews were also conducted with Jaylen Whitman and Devin Emerson. Inspection of the residence’s kitchen revealed significant fire and smoke damage. Based on the burn patterns on the stove and countertops, walls, and ceiling in the vicinity of the kitchen, there is no doubt that the origin point of fire was in the area of the stove. It appeared that a towel soaked in an accelerant near the stove started the fire. Three areas on the kitchen floor had a “flowing” burn pattern, which indicated the pooling of a liquid accelerant in those locations. Inspection of the remaining rooms in the residence revealed significant fire and smoke damage throughout the structure, with lessening damage farther from the kitchen. There was no burn pattern evidence of fire origin or accelerant in any rooms of the residence other than the kitchen. Due to the intentional nature of how the fire started with an accelerant, our focus shifted to an arson investigation. No gas can or other accelerant container was located in the residence. Examination of the doors, locks, and windows of the residence revealed no evidence of forced entry. After looking at the burn patterns, debris samples were taken from countertops, walls, ceiling joists, and flooring in the kitchen. Testing later revealed that the debris samples had appreciable traces of petroleum based liquid consistent with an accelerant. After putting the fire under control, conducting an investigation, and conducting preliminary interviews, Wordsworth Command was terminated on Monday, October 16, 2017, at 1:17. Upon receipt of the autopsy report on the afternoon of Monday, October 16, 2017, the scene investigation was expanded to include the entire property known as Emerson Homestead, including two residences located on the Emerson Homestead known as the Carriage House and Ralph Jr.'s house. While conducting the investigation, a cast iron skillet was located on the kitchen floor, which was collected and marked as one of the pictures in Exhibit #6. The officers also recovered the Emerson Family Bible from the residence,

(Page 2 of 6)

- 82 -

Exhibit #8: Investigation Report (continued)

which contained a drawing of the family tree (marked as Exhibit #5). A burn pile (marked on Exhibit #1 and pictured as Exhibit #6, Photo #1) located near Emerson Hall (the victim's residence) was examined. The burn pile contained a partially burned lady's purse with contents, identified as that of the victim (pictured in Exhibit #6). Fire personnel later confirmed the burn pile was active at the same time of the residential fire. Six full or partial shoeprints were lifted from the sand walking path be-tween Emerson Hall and the burn pile (labeled on Exhibit #1 as Reference Point #6). Two of the shoe-prints (marked as Exhibit #7 (C and D) came from this location and were marked as Exhibit #7 (E and F). According to preliminary interviews, Mel Herman also saw the victim on October 15, 2017. As a result of interviewing Mel Herman on October 17, 2017, my officers conducted a search of Sidney Alcott-Walden’s vehicle and both residences on the same day. No athletic shoes were found matching the shoeprints taken from the walking path near the burn pile. Lab results showed no trace of accelerant on any shoes found in the Alcott-Walden residences or on any swabs taken from Alcott-Walden's vehicle. Alcott-Walden’s residence in Walden Lake was in a gated community with security cameras. Upon examination of the video footage and the digital log recorded by the gate, Alcott-Walden’s arrival at 19:38 on Sunday, October 15, 2017, was confirmed. With Alcott-Walden’s stated departure from the Emerson Homestead a few minutes after 19:00 and allowing for variances in speed and traffic; Alcott’s movements were confirmed thus providing no evidence that Alcott-Walden was linked to the crime scene. Search of Devin Emerson's residence (Ralph Jr.'s house) produced a pair of athletic shoes (marked as Exhibit #7 (A and B)) located in the bedroom closet that matched shoeprints lifted from the sand walking path near the burn pile. Lab analysis later revealed those same shoes matched the two shoeprints lifted from the sand walking path. We were unable to match the remaining four shoeprints to any shoes found during our investigation. The search of Devin Emerson’s residence also produced a rubber-banded bundle of cash found in a kitchen cabinet matching the denominations of the church’s weekly collection last seen in the possession of the victim. The search also produced loose cash found on the coffee table. Lab analysis confirmed traces of accelerant were on the soles of both shoes collected. Lab results revealed trace amounts of accelerant matching the other samples on two twenty dollar bills, one five dollar bill, and four one dollar bills in the bundled cash. The investigation also included searching the residence of Jaylen Whitman (the Carriage House). We took prints of all athletic shoes found in Whitman’s residence and swabbed all of the shoes for trace evidence. Our examination later revealed that none of Whitman’s shoes matched any of the six total shoeprints lifted from the sand walking path nor did they have any traces of accelerant on the shoe soles. A search of the property surrounding the Carriage House (with location labeled on Exhibit #1 as Reference Point #5) produced a nearly empty container of lighter fluid with no fingerprints (marked as Exhibit #2). Jaylen Whitman identified the container as one used on the afternoon of the incident to clean oil from the driveway and to light charcoal in the grill. Jaylen Whitman reported storing the container on a high shelf in the carport of the residence after using the lighter fluid. I obtained a recording from Whitman’s laptop of an online video chat session between Jaylen and Miller Whitman, who was out of state on the date in question. I confirmed from the date and time stamp on the video and a clock visible on the walls of both parties’ locations to the call that Jaylen Whitman was present in the Carriage House between 18:55 and 22:14. I was able to exclude both Jaylen Whitman and Miller Whitman as suspects.

EVIDENCE COLLECTED Evidence Bag #1: Money: (1) bundle of cash including (2) fifty-dollar bills; (46) twenty-dollar bills;

(36) ten-dollar bills; (39) five-dollar bills; (62) one-dollar bills found in the kitchen; and (2) loose bills including (2) twenty-dollar bills, (1) ten-dollar bill, and (1) five-dollar bill found on the coffee table; both the bundle and loose bills were from inside the residence of Devin Emerson

(Page 3 of 6)

- 83 -


Evidence Bag #2: (1) pair of athletic shoes – from inside the residence of Devin Emerson

Evidence Bag #3: (1) purse with contents including (1) white ladies gloves; (1) sunglasses; (1) wallet with credit cards; remnants from cosmetic cases; and (1) set of keys - from the vicinity of the burn pile near the residence of the victim

Evidence Bag #4: (1) lighter fluid container – from the property in the vicinity of the residence of Jaylen Whitman (no fingerprints)

Evidence Bag #5: (1) cast iron skillet – from the residence of the victim

Evidence Bag #6: (1) tally of weekly collections for All Souls Church– from the person of Mel Herman

Evidence Bag #7: (1) sketch of the Emerson Homestead – provided by Sidney Alcott-Walden

Evidence Bag #8: (6) full or partial shoeprint casts that appeared to be from athletic shoes – from the sand walking path between Emerson Hall and the burn pile

CORROBORATING EVIDENCE

1. Video Chat Record – Jaylen Whitman and Miller Whitman 2. Sidney Alcott-Walden’s Security Gate Video Footage and Digital Log 3. TV Guide Listing for October 15, 2017 4. 911 Detailed Report for October 15, 2017

SAMPLES COLLECTED AND ANALYZED The following trace samples were collected and analyzed:

1. Trace evidence of accelerant from countertops, walls, ceiling joists, and flooring in the kitchen of the residence. ⃰

2. Trace evidence of accelerant from the victim’s purse and its contents found in the burn pile. * 3. Trace evidence of blood from the cast iron skillet found in the kitchen of the residence. 4. Trace evidence of accelerant from athletic shoes collected from Devin Emerson's residence. ⃰ 5. Trace evidence of accelerant from bundled cash and loose cash collected from Devin Emerson's

residence. ⃰ 6. Shoeprint casts collected from walking path on the property – lab accidentally discarded four of

the six shoeprint casts ⃰ Results: The lab results confirmed that samples (1, 2, 4 and 5) submitted showed trace

evidence of a petroleum based liquid consistent with an accelerant. INTERVIEWS The following individuals were interviewed in connection with the investigation of this case: Sidney Alcott-Walden, Jaylen Whitman, Devin Emerson, and Mel Herman.

1. Sidney Alcott-Walden

October 16, 2017: In the preliminary interview on October 16, 2017, in the early morning hours, I interviewed Sidney Alcott-Walden at the scene. Alcott-Walden last saw the victim at approximately 14:00 on Sunday, October 15, 2017. Alcott-Walden escorted the victim from All Souls Church to Emerson Hall after the victim and Mel Herman counted the collection money. Alcott-Walden prepared lunch for the victim at the victim’s residence, which they ate together. Alcott-Walden acknowledged leaving after lunch and returning to the property at approximately 19:05, but did not get an answer after knocking on the front door. Alcott-Walden

(Page 4 of 6)

- 84 -


assumed the victim had already left the residence and was with other family members at the Carriage House. Alcott-Walden left the property within a few minutes of arrival without speaking to or seeing anyone. Alcott-Walden reported a near collision with Mel Herman when departing the Emerson Homestead. Alcott-Walden reported arriving home in Walden Lake at approximately 19:40, watching some real estate shows on HGTV before falling asleep, receiving a call from Whitman about the fire, and immediately returning to the victim’s residence. October 17, 2017: I asked for permission for my officers to conduct a search of Alcott-Walden’s residences in Walden Lake and Wisconsin Dells in addition to his/her white Cadillac. Alcott-Walden instantly agreed to the searches. No athletic shoes were found matching shoeprints taken from the walking path near the burn pile. Lab results showed no trace of accelerant on any shoes found in the Alcott-Walden residences or on any swabs taken from Alcott-Walden's vehicle.

2. Jaylen Whitman

October 16, 2017: In the preliminary interview on October 16, 2017, in the early morning hours, I interviewed Jaylen Whitman at the scene after the fire scene was under control. Whitman last saw the victim at All Souls Church after the Sunday service on the date in question. Whitman was with Devin Emerson from approximately 13:30 until approximately 18:45. During that time, the two went on a trip to the store to purchase items for the cookout; they returned to Whitman's residence ("the Carriage House"); Whitman discovered an oil leak from Whitman’s SUV; they tried to clean up the oil leak on the driveway using half of a lighter fluid container purchased at the store earlier that day; cooked hamburgers; and concluded with Emerson leaving to go to the victim's residence at approximately 18:45 p.m. Whitman last saw Emerson walking into Emerson's residence ("Ralph Jr.'s house") just prior to 19:00. Whitman reported later watching the baseball game physically alone. Jaylen Whitman and Miller Whitman had a video chat session while watching the game from 19:00 until the end of the game at approximately 22:15. Whitman then saw the fire at the victim's residence from a bathroom window, called 911 from a cell phone, and attempted to enter the victim’s residence to rescue the victim. Whitman was unable to rescue the victim due to smoke and heat and was found unconscious by first responders. Whitman was treated for smoke inhalation and released on the scene once oxygen states improved. October 17, 2017: I asked for permission for my officers to conduct a search of Jaylen Whitman’s residence known as the Carriage House. We took prints of all athletic shoes found in Whitman’s residence and swabbed all of the shoes for trace evidence with no traces of accelerant found. A search of the property surrounding the Carriage House produced a nearly empty container of lighter fluid with no fingerprints. Whitman identified the container as one used on the afternoon of the incident to clean oil from the driveway and to light charcoal in the grill, which had been stored in the carport.

3. Devin Emerson

October 16, 2017: In the preliminary interview on October 16, 2017, in the early morning hours, I interviewed Devin Emerson at the scene after the fire scene was under control. Emerson reported last seeing the victim at approximately 12:30 at All Souls Church after the Sunday service. Emerson reported being with Jaylen Whitman on a trip to the store, helping clean up an oil spill from Whitman’s SUV, and at the Carriage House for a cookout on the Emerson Homestead from approximately 13:30 until approximately 18:45. Emerson reported leaving the Whitman residence and going to his/her residence on the property known as Ralph Jr.'s house and then watching a baseball game alone. Emerson reported falling asleep around 20:45, being awakened at an unknown time by the sound of sirens related to the fire, and arriving on the scene after emergency personnel had arrived.

(Page 5 of 6)

- 85 -


October 17, 2017: As a result of the interview of Mel Herman, I interviewed Devin Emerson a second time at the residence known as Ralph Jr.'s house, where Emerson resided alone. Emerson repeated essentially the same version of events relayed in the first interview. When confronted with Jaylen Whitman's statement regarding Emerson's visit to the victim's residence prior to returning home, Emerson admitted to going to the victim's residence after leaving the Carriage House. Emerson stated that the victim declined the offer to go to the Carriage House to watch the baseball game due to tiredness. Emerson claims to have left the victim alive and alone just before 19:00. Emerson had no explanation for failing to report seeing the victim on the night of the fire, stating “I guess I just forgot.” I was granted permission to search Emerson’s residence, who was present during the search. One of my officers found a rubber-banded bundle of cash in the kitchen cabinet to the left of the refrigerator in the amount of $1,637, which was counted in my presence matching the amounts and denominations reported missing from the victim’s purse. Loose cash in the amount of $55 was also discovered on the Emerson’s coffee table. Emerson claims s/he received the money on the coffee table from Whitman after the cookout and denied knowledge of the bundle of cash found in the kitchen cabinet. Our on-site search also produced a pair of athletic shoes located in Emerson’s bedroom. The recovered shoes were sent off for lab analysis. Lab results later confirmed trace amounts of accelerant on the money and the shoes.

4. Mel Herman

October 17, 2017: I interviewed Mel Herman, administrator for All Souls Church, located on the Emerson Homestead, adjacent to the victim's residence. Herman and the victim stayed after church to count the collection money. Herman saw Devin Emerson on October 15, 2017, at approximately 12:30 during a brief encounter in the church office while Herman and the victim were counting the collection money. Herman last saw the victim at approximately 12:50 leaving the church with the collection money in her purse and was escorted by Sidney Alcott-Walden. Herman confirmed the purse (marked as Exhibit #6, Photo #2) found in the burn pile (marked as Exhibit #6, Photo #1) was the purse into which the victim placed the church collection along with the tally of weekly collections. When shown the contents of the purse, Herman questioned the whereabouts of the church’s collection money. To support the existence of the church collection, Herman provided the tally of the weekly collections prepared by Herman and the victim (marked as Exhibit #4). Herman saw Sidney Alcott-Walden a second time at approximately 13:15. Herman began referencing different locations on the Emerson Homestead and voluntarily marked the locations on the property sketch provided (marked as Exhibit #1). As Herman was leaving the premises and approaching his/her car parked in a reserved parking space next to the church (labeled on Exhibit #1 as Reference Point #1), Herman observed Sidney Alcott-Walden. Sidney Alcott-Walden was seen on the sand walking path near Emerson Hall (labeled on Exhibit #1 as Reference Point #2) speaking loudly on a cell phone, then retrieving grocery bags from a white Cadillac (that Herman identified as belonging to Sidney Alcott-Walden) parked in the driveway (labeled on Exhibit #1 as Reference Point #3). Upon returning to the premises sometime around 18:55, Herman observed an individual Herman believed was Devin Emerson at the rear door of Emerson Hall with the location marked on the property sketch (labeled on Exhibit #1 as Reference Point #4). In addition, Herman drew an arrow in the direction the person left from the residence, who was believed to be Devin Emerson. Upon departing the premises at approximately 19:10, Herman observed Sidney Alcott-Walden exiting the property in the white Cadillac, driving erratically.

FINAL CONCLUSION My conclusion of this investigation is that the fire was intentionally set for the purposes of destroying evidence of the robbery and murder of Lois Mae Alcott by Devin Emerson. A warrant for the arrest of Devin Emerson was issued and subsequently, Devin Emerson was taken into custody on October 24, 2017.

(Page 6 of 6)

- 86 -


STATE OF IOWA

IOWA BUREAU OF INVESTIGATIONS DIVISION OF FORENSIC SCIENCES

RECORD OF CORONER

City Brook Farm County Concord Case No. 2017-107015 Name of Deceased Lois Mae Alcott Residence of Deceased 1500 Wordsworth Road, Brook Farm, Concord County, SC 50000 Age 77 years, 3 months, 2 days DOB 01/03/1938 Height indeterminate Weight 96lbs, 5oz

MANNER OF DEATH ( ) Natural ( X ) Homicide ( ) Suicide ( ) Accident ( ) Undetermined ( ) Other

CAUSE OF DEATH

Blunt force trauma to the back of the head prior to fire exposure LAST SEEN Date 10/15/2017 Hour 14:00 Place 1500 Wordsworth Road FOUND Date 10/16/2017 Hour 00:07 Place 1500 Wordsworth Road INJURY Skull fracture resulting in brain trauma. PRONOUNCED Date 10/16/2017 Hour 1:11 Place Dr. Christina Thompson

BODY IDENTIFIED BY ( ) Fingerprints ( ) State ID Card ( ) Photographs ( X ) Dental Records

AUTOPSY AUTHROIZED BY Coroner Thompson CORONER NOTIFIED Yes PRESENT AT AUTOPSY Nat Hawthorne, Chief, Concord County Police and Fire Department

MORGUE INFORMATION

NAME Concord County Morgue Date Received 10/16/2017 Hour 1:46 BODY REMOVED FROM 1500 Wordsworth Road, Brook Farm, Concord County TRANSPORTED BY ME. Nastruz

PURPOSE ( X ) Autopsy ( ) Limited Dissection ( ) External Exam ( ) History Review PERFORMED BY Dr. Jamie Chessler Date 10/16/2017 Hour 14:45 SIGNED MA. Nastruz Date October 16, 2017 APPROVED C. Thompson, MD Date October 16, 2017

- 87 -

Exhibit #9: 911 Detail Report for October 15, 2017

911 Detail Report Incident Number: 281CCFD10152017 Incident Date/Time: 10/15/2017

Incident Address: 1500 Wordsworth Rd, Brook Farm, IA 50000 Incident Time: 22:48:51

Incident Status: Closed Cell/Caller Confirmed: Jaylen Whitman

October 15, 2017

Unit Time Call Content

Dis. 8 22:48:51 Incoming Call Dispatcher 8 – Concord County 911. Is your emergency police, fire, or medical?

Caller 22:49:00 Help. There is a fire. Come quick.

Dis. 8 22:49:05 There is a fire at what address?

Caller 22:49:09 Aunt Mae’s house is on fire.

Dis. 8 22:49:13 You need to slow down. Your call is coming from a cell phone? Can you give me your name and a street address?

Caller 22:49:19 Yes. 1500 Wordsworth Road. The Emerson Homestead. I am Jaylen Whitman.

Dis. 8 22:49:26 Is everyone out of the residence?

Caller 22:49:32 No. Aunt Mae is in there. I am running to her now.

Dis. 8 22:49:36 I know you want go in there, but we need you to not go in the home. I am dispatching the fire department now. You need to stay outside. Help is on the way.

Caller 22:49:45 (inaudible, muffled)

Dis. 8 22:49:49 Caller are you still on the line? Do not enter the house.

Dis. 8 22:50:01 Dispatching Concord County Fire Department to 1500 Wordsworth Road, the Emerson Homestead. We have a report of a residential fire with an occupant inside the residence.

NEIADHQ 22:50:26 Concord County Fire responding to 1500 Wordsworth Road.

Dis. 8 22:50:32 The fire department is on the way. What is happening now? Hello? Are you there?

Caller 22:50:36 (shouts in the background – “Aunt Mae, Aunt Mae, I’m coming for you Aunt Mae.”)

Dis. 8 22:50:40 The fire department is on the way. What is happening now? Hello? Are you there?

Caller 22:50:45 (no response, caller hung up)

- 88 -

911 Detail Report Incident Number: 281CCFD10152017 Report Continued

October 15, 2017


Dis. 8 22:50:46 (redial caller, no response)

Ofc.1&2 22:54:37 Officer 1 and Officer 2 are en route to 1500 Wordsworth Road.

E29 22:55:29 Engine 29 is en route to 1500 Wordsworth Road. There are visible flames coming from that direction, go ahead and sound a second alarm.

Dis. 8 22:55:39 Dispatching additional units Engine 31, Ladder 6, and EMS 3. Second Alarm. 1500 Wordsworth Road. Active fire. Possible occupant inside the home.

E29 22:55:48 Engine 29 on the scene at 1500 Wordsworth Road. Central, we have flames coming from the residence. Sgt. Shipley taking Wordsworth Command.

Ofc.1&2 22:56:34 Officer 1 and Officer 2 on the scene at Wordsworth Command.

Dis. 8 22:57:01 Dispatching Chief Hawthorne to 1500 Wordsworth Road. Second alarm.

Chief 22:57:55 Hawthorne responding to 1500 Wordsworth Road.

E31 23:02:53 Engine 31 on the scene at Wordsworth Command.

L6 23:03:04 Ladder 6 on the scene at Wordsworth Command.

EMS3 23:05:47 EMS 3 is on the scene at Wordsworth Command. On standby at the residence.

Chief 23:19:17 Hawthorne on the scene at 1500 Wordsworth Road. Hawthorne now taking over Wordsworth Command.

Chief 23:21:15 Wordsworth Command to Central. EMS3 is treating a patient for smoke inhalation on the scene.

Dis. 8 23:28:51 Scene Command. Requesting status of Wordsworth Command.

Chief 23:29:08 Wordsworth Command to Central. Personnel are unable to enter the residence at this time. It is believed the occupant is still in the residence.

Chief 23:49:03 Wordsworth Command to Central. The residence is sufficiently contained. A search for the victim is underway.

Dis. 8 23:49:10 Confirmed. Search in progress at Wordsworth Command.

EMS3 23:58:04 EMS3 is releasing patient with improved O2 stats. Back on standby.

89

Exhibit #9: 911 Detail Report for October 16, 2017 (continued)

911 Detail Report Incident Number: 281CCFD10152017 Report Continued

October 16, 2017


Chief 00:07:09 Wordsworth Command to Central. Notify Coroner’s Office of this location.

Dis. 8 00:07:15 Confirmed. Wordsworth Command requesting Coroner to 1500 Wordsworth Road.

Dis. 8 00:07:25 Dispatching Coroner Deans to 1500 Wordsworth Road. Time out is 00:07.

Coroner 00:23:44 Coroner responding to 1500 Wordsworth Road.

Coroner 00:44:28 Coroner on the scene at Wordsworth Command.

L6 00:52:11 Ladder 6 is clear from Wordsworth Command. En route to county fuel depot.

Dis. 8 00:52:17 Confirmed. Ladder 6 is clear from Wordsworth Command and will be getting fuel.

EMS3 00:52:29 EMS 3 is clear from Wordsworth Command. Returning to EMS Station.

Dis. 8 00:52:37 Confirmed. EMS 3 is clear from Wordsworth Command. No pending EMS calls.

E31 00:58:51 Engine 31 is clear from Wordsworth Command. Returning to HQ.

Dis. 8 00:58:59 Confirmed. Engine 31 is clear from Wordsworth Command. Returning to HQ.

E29 01:14:49 Engine 29 is clear from Wordsworth Command. Returning to HQ.

Dis. 8 01:14:58 Confirmed. Engine 29 is clear from Wordsworth Command. Returning to HQ.

Coroner 01:16:40 Coroner is clear from Wordsworth Command. En route to morgue.

Dis. 8 01:16:49 Confirmed. Coroner is clear from Wordsworth Command. En route to morgue.

Chief 02:17:09 Wordsworth Command to Central. Wordsworth Command is terminated.

Chief Hawthorne and officers are available.

Dis. 8 02:17:18 Confirmed. Wordsworth Command is cleared. Chief Hawthorne and officers are available.

Dis. 8 02:17:22 Call terminated at 2:17.

90

Exhibit #10: Email Thread Recovered from Devin Emerson

From: BW [mailto:[email protected]] Sent: Thursday, October 12, 2017 11:47 AM To: Devin Emerson [mailto:[email protected]] Subject: RE:

YOU IDIOT! I told you not to email any specifics. Call me on 10/14 @ 11 a.m. at 872/697-7881.

ALWAYS DELETE MESSAGES! DO NOT LEAVE A PAPER TRAIL!

From: Devin Emerson [mailto:[email protected]] Sent: Thursday, October 12, 2017 10:58 AM To: [email protected] Subject: RE:

Ok so when I talked to you last time you told me that Dad was “out of the picture.” I know a threat when I hear one! Just leave me and my family alone. I’ll get you what you want, but lay off the bully tactics.

I asked S about the way it works. Even if I had Dad’s share, apparently AM has veto power.

From: BW [mailto:[email protected]] Sent: Sunday, October 8, 2017 3:16 PM To: Devin Emerson [mailto:[email protected]] Subject: RE:

CALL ME ON 10/11 @ 2 PM @ 872/697-7884.

Vinnie enjoyed meeting you last time Don’t make me send him out again to meet the family.


From: BW [mailto:[email protected]] Sent: Monday, October 2, 2017 4:48 AM To: Devin Emerson [mailto:[email protected]] Subject: RE:

I’ve tried reaching you on a number of occasions since our last conversation. Call me on 10/4 @ 2 pm @ 872/697-7883 or I will send an associate around to encourage you.


mailto:[email protected]







91

From: BW [mailto:[email protected]] Sent: Monday, September 18, 2017 11:12 AM To: Devin Emerson [mailto:[email protected]] Subject: RE:

There are ways around that. We really need to chat only over the safe phone provided. Call me on 9/21 @ 2pm @ 872-697-7887


From: Devin Emerson [mailto:[email protected]] Sent: Saturday, September 16, 2017 2:14 PM To: [email protected] Subject: RE:

I know who you are and what you’re after. Sidney told me that you have plans. I really don’t think I can help. I don’t actually have any $ interest in the property. I just live here.

From: BW [mailto:[email protected]] Sent: Tuesday, September 12, 2017 6:53 AM To: Devin Emerson [mailto:[email protected]] Subject: RE:

I understand that the phone was delivered. Call me at 2 pm tomorrow (9/13) @ 872/697-7886.


From: BW [mailto:[email protected]] Sent: Saturday, September 9, 2017 11:41 AM To: Devin Emerson [mailto:[email protected]] Subject: RE:

Good morning Devin.

I recently purchased your financial obligations from a mutual friend. An associate of mine will deliver a phone for you so that we might have a conversation about your responsibilities. I’m confident that we can work out a mutually beneficial arrangement.









92

Exhibit #11: Cell Phone Records of Devin Emerson

Mobile Phone Call Log for 563/555-1212 Phone Retrieved from 1502 Wordsworth Road, Brook Farm, Iowa

Date Time From To Duration 9/13/2017 14:04 563/555-1212 872/697-7886 18 min 9/21/2017 14:30 872/697-7887 563/555-1212 0 minutes 9/21/2017 15:02 872/697-7887 563/555-1212 0 minutes 9/21/2017 16:14 872/697-7887 563/555-1212 0 minutes 9/22/2017 14:06 872/697-7889 563/555-1212 0 minutes 9/24/2017 23:57 872/697-7889 563/555-1212 0 minutes 9/27/2017 1:31 872/697-7880 563/555-1212 0 minutes 9/30/2017 0:25 872/697-7880 563/555-1212 0 minutes 10/4/2017 13:58 563/555-1212 872/697-7883 6 minutes

10/11/2017 14:01 563/555-1212 872/697-7884 23 minutes 10/14/2017 11:57 872/697-7881 563/555-1212 0 minutes 10/14/2017 14:26 872/697-7881 563/555-1212 0 minutes 10/14/2017 17:10 872/697-7881 563/555-1212 0 minutes 10/14/2017 22:13 872/697-7881 563/555-1212 0 minutes 10/14/2017 23:40 563/555-1212 872/697-7881 12 minutes 10/15/2017 8:17 872/697-7881 563/555-1212 6 minutes 10/15/2017 19:40 563/555-1212 872/697-7881 4 minutes 10/15/2017 23:20 563/555-1212 872/697-7881 3 minutes 10/16/2017 10:15 563/555-1212 872/697-7881 0 minutes 10/16/2017 10:15 563/555-1212 872/697-7883 0 minutes 10/16/2017 10:16 563/555-1212 872/697-7886 0 minutes 10/16/2017 10:16 563/555-1212 872/697-7884 0 minutes

Documents

THE THIRTY-SIXTH ANNUAL IOWA HIGH SCHOOL MOCK TRIAL ... · 11. The recorded video chat session obtained from Jaylen and Miller Whitman's laptop computer verifies that Miller Whitman