Defense expected to finish today

Neighbors testify about activity near Ross' home

A Kansas State University professor charged with killing his ex-wife wasn’t in immediate danger of losing a child-custody battle, an attorney testified Thursday.

“I felt very comfortable about his chances, and I told him so,” said attorney Sue Jacobson, who was called as a defense witness for professor Thomas E. Murray.

Prosecutors have said Murray killed his ex-wife, Carmin D. Ross, in November 2003, in part because he didn’t want Ross to take their daughter to California. According to witnesses and documents read in court, Murray repeatedly described his anger with the custody situation, and at one point he said he felt like “an animal being backed into a corner.”

Jacobson, however, told Murray it was unlikely Ross could convince a judge the daughter’s best interests were to move out of state with her mother.

On cross-examination, Jacobson acknowledged that the only discussion she had with Murray about the issue happened Aug. 3, 2003, more than three months before Ross was found stabbed and beaten to death at her home northwest of Lawrence at 1860 E. 1150 Road. Jacobson also said it was possible Ross would have been able to take the couple’s daughter out of state.

Today likely will be the last day of testimony in the Murray trial, which has lasted four weeks so far.

A forensic investigator hired by Murray’s defense team is expected to take the witness stand this morning and likely will be the defense’s last witness.

Unless prosecutors have rebuttal evidence or testimony by the investigator, Robert Tressel, spills into next week, closing arguments will happen Wednesday.

Other witnesses Thursday included three passers-by who testified they drove past Ross’ home near the time she was killed. All three saw different things at different times.

Defense attorneys Bob Eye, from left, and Pedro Irigonegaray and Assistant Dist. Atty. Amy McGowen discuss a witness's testimony with Douglas County District Court Judge Robert Fairchild during the murder trial of Thomas E. Murray. The defense continued its case Thursday and is expected to finish today.

Neighbor Rick Boyle testified that on the morning Ross died, he drove by her home on his way into Lawrence and saw a woman on the front porch with a broom. He initially said he thought he went into Lawrence twice that day — once in the morning and once in the afternoon — and said he might have seen the woman on the second trip.

If true, that would indicate Ross was alive early in the afternoon, a time frame that would have made it impossible for Murray to kill her.

But on cross-examination, Boyle said he knew he made a trip to Lawrence early that morning but didn’t remember making a second trip.

Another neighbor, Julie Schwarting, testified that she saw a white sport utility vehicle and a maroon sedan parked at the home. But that was earlier in the week, she said.

Murray, who drove a maroon Saturn sedan, had been at the home two days before Ross was killed to pick up the couple’s daughter.

A third eyewitness, Justin Paslay of Lecompton, testified that he was on his way home from work the morning Ross was killed and saw a white Ford F-150 pickup with a red stripe parked at her home. Paslay said he didn’t report it to police until Dec. 10, nearly a month after the killing, because he didn’t initially remember seeing it.

But Paslay said on cross-examination that the truck was the only vehicle he saw that morning. He said he didn’t see Ross’ green Saturn sport utility vehicle, which usually was parked in the driveway and was still there when police found Ross dead.