Scroll down to see the latest updates from inside the courtroom starting at 9:00 Wednesday morning.
The second day of testimony is underway in a rare civil case filed before any criminal charges. Faith Stocker is suing her mother, Alberta Comstock, for the death of her father, Rolland Comstock, a well known book collector and attorney. Both sides agree it t is rare that a civil case accusing murder would come before any criminal charges are filed.
Nearly four years ago someone shot Rolland Comstock inside his Greene County home. Stocker says her mother and Rolland's ex-wife, Alberta Comstock, is the killer. Alberta Comstock’s attorneys are arguing the evidence against her is circumstantial at best.
Alberta Comstock is expected to take the stand. Stocker's attorneys say they have received word that because of her poor health she may answer questions she previously did not answer citing her Fifth Amendment right.
On Tuesday, Faith Stocker's attorneys called her, Rolland Comstock's maid Glenda Joplin, Rolland Comstock's secretary Becky Frakes and former lead detective, Frank Duren, to the stand. They also played a recorded interview with a Greene County medical examiner.
Stocker’s attorneys say Alberta Comstock was angry Rolland Comstock did not sell their large home quickly following the former couple‘s divorce. They say Alberta Comstock was “furious” Rolland was possibly cheating with “young Latino men.” Stocker's attorneys say Alberta Comstock's motive was money and anger about Rolland Comstock's alleged infidelities. They say Alberta Comstock had the motivation and opportunity to kill Rolland Comstock.
Alberta Comstock's attorneys questioned Faith Stocker's motives for filing the wrongful death civil suit. They also questioned how investigators handled the homicide investigation nearly four years ago. Comstock's attorneys say officers did not properly investigate all potential suspects.
Faith Stockers attorneys are arguing there is no reason Alberta Comstock’s briefcase filled with documents involving the couple’s divorce agreement should have been found in Rolland Comstock’s home the night of the killing. They say Alberta Comstock admitted the briefcase was hers. Stocker says her parents fought often and did not visit one another. She told jurors there is no reason her mother’s belongings should have been in her father’s home. Alberta Comstock’s attorneys say detectives did not search the homes or belongings of all potential suspects. They alluded their initial investigation targeted one of Comstock’s sons and not Alberta Comstock his ex-wife.
Alberta Comstock cannot account for a gun she owned that is consistent with the weapon used to kill Rolland Comstock. Alberta Comstock’s attorneys say because lab analysts could not confirm an exact caliber, “millions of types of guns could have killed Rolland Comstock.”
For the latest updates inside the courtroom check out this story on www.kspr.com
Day Two of Testimony Brief Summary. Watch video report for wrap-up.
Attorneys for Rolland Comstock's daughter, Faith Stocker, called the following witnesses.
-Rolland Comstock's former secretary Becky Frakes
-Greene County probate clerk Dana Gray
-Rolland Comstock's divorce attorney Robert Stillings
-Oklahoma gun shop owner Mike Friend
-Monett Missouri gas station clerk Tina Thompson
-Greene County Detective Kenny Weatherford
2:28 Tina Thompson former gas station clerk is on the stand.
Tina Thompson worked at a gas station, Murphy's USA, in Monett, Mo. along Highway 60. Greene County detectives asked Thompson if she was working duringo the end of June and first of July in 2007. They asked if she had seen Alberta Comstock's pick-up truck and/or Alberta Comstock. Alberta Comstock's pick up has a smiley face front license plate. Thompson says she loves trucks and noticed them. Thompsons says she remembered the truck because of the unusual plate. She says she only remembered seeing a woman with gray hair get out of the pick-up truck. According to a statement Thompson wrote in 2007, she said she saw the truck around July 2 or July 3 around five o'clock at night.
Thompson pulled her work schedule to help her remember which day she believes she say the truck.