The state used Stephen Brown’s own testimony against him in closing arguments Thursday to wrap up its murder and kidnapping trial after presenting testimony of over 40 witnesses and 400 exhibits.
Without eyewitnesses, Deputy Prosecutor Scott Bell was left with circumstantial evidence but reminded jurors that that can be used to infer what happened.
He asserted three material facts that he claims the 28-year-old falsely testified to Tuesday regarding the events of Dec. 7, 2017, the day Telma Boinville was bound and violently killed and her daughter, then 8, was bound and her mouth taped at a Pupukea vacation rental.
Brown’s lawyer cited the lack of DNA, fingerprint and blood evidence. Brown blames then-girlfriend
Hailey Dandurand, now 25, who will be tried separately as ordered by Circuit Judge Rowena Somerville after all parties agreed to the severance of the case. But Brown admits to the burglary and participating in the restraining of mother and daughter.
Bell’s first assertion stems from Brown’s testimony that when he tied Boinville she was uninjured. Yet she sustained significant defensive wounds to her hands, wrists and forearms “to protect against a knife-
wielding assailant,” according to former Chief Medical Examiner Christopher Happy. That would be
impossible if she was tied up, Bell said.
Bell suggests Boinville was already dead when Brown found the daughter in the family’s pickup truck, since the daughter testified that “the boy and girl had blood on them.”
Second, Bell asserts it is improbable or impossible for Brown not to have seen any injuries when he checked for her pulse, as he testified, given the devastating injuries including chop wounds to the side of her head, and no plastic bag over her head then.
Brown testified Tuesday he just saw a lot of blood.
Bell’s third assertion is Brown’s testimony that
Boinville submitted to being tied up without a fight, even divulging that her daughter was in her truck outside, does not jibe with the testimony of a woman two doors down who heard a scream at 2:35 p.m., coinciding with the likely time of the killing.
“No parent would lie on the ground willingly and then tell her knife-wielding assailant that her child was outside,” he said.
Brown’s court-appointed attorney, William Bagasol, said the woman’s original report pinpoints a scream at 1 or 1:30 p.m., but five years later she changed it.
Bell told jurors that because 6-foot Brown was a foot taller and heavier than Dandurand, it indicates he was the principal, and the number of implements used indicates two people were involved.
Bagasol said that there was no DNA evidence to prove his client used any of the weapons.
Bell countered that the lack of conclusive DNA evidence does not rule Brown out since in some cases Dandurand’s DNA was ruled out but not his, and another person’s DNA was found.
Bagasol asked if, as Bell suggests and Boinville’s now 13-year-old daughter, Makana Boinville Emery, testified, Brown told her, “We killed your mom,” then carried her into the house and then upstairs, why was there no blood or DNA on the girl’s clothing?
Bell used the fact that Dandurand had no blood on her clothing, but Brown’s clothes did, to indicate he is the principal.
Bagasol suggests she changed her clothing.
He also disputed Bell’s theory that Brown “was the chopper, using machete and meat tenderizer and hammer.”
Why were there just a few bloodstains on his shorts and sweats? he asked the jury. “If he’s the chopper, where’s the blood all over the place?”
“Is he guilty of falling in love with Dandurand?” Bagasol asked. “Did he have blood on his hands? Yes, but he did not know Hailey would have done such a thing.”
Brown testified she was a cutter, liked the sight of blood, often shoplifted. “She’s the very one wearing Telma’s earrings, using her credit card,” Bagasol said.
Jury deliberations began Thursday afternoon and will resume this morning.