The first order of the day was a ruling by the judge. He denied a motion filed by the defense for a mistrial.
The prosecution then declined to call anymore witnesses and officially rests its case.
The defense started to call a number of witnesses starting with a woman who witnessed a man walking on Yankee Street, close to the crime scene.
She called the police after hearing about the murders on the news. She said she remembers thinking it was suspicious to see a man wearing a dark colored jacket walking along the road that early in the morning.
Karri Sterling said, “I take that way every morning. I’ve never seen a person or a car… I thought maybe somebody broke down I didn’t know.”
Special assistant prosecutor Doug Baker from the state attorney general’s office asked, “And you didn’t know? So you later contacted the police?”
Sterling answered, “Right I started seeing things on the news and I knew that when I saw that person that morning, it was just odd to me.”
Sterling told the jury she helped police create a sketch of the possible suspect to the best of her ability. The defense asked her questions about the suspect facial features, insinuating that the description did not match Lintz’s.
Lintz’s defense attorney Greg Feldman asked, “To the best of your recollection at that time that’s the sketch you were able to come up with the police officer?”
“Yes and like I said this is the best way I can describe,” she answered.
Keith Lintz’s mother, Sherri Lintz, took the stand. She testified that she saw her son sleeping in her bed in her apartment on Carberry Road before she left for work early on the morning of the murders.
She also told the jury she asked him to stay home from work at Wal-Mart the night when she found out about the murders in her neighborhood.
Baker asked Sherri Lintz, “Isn’t it your testimony that you called his workplace to his boss that night?”
“No,” she testified.
Baker continued, “Wasn’t it your testimony you wanted him to stay with you on the 5th and you were frightened because of the murders?”
Sherri LIntz agreed, “Yes.” Baker continued, “That’s what you said under oath at the investigative subpoena.”
Baker then questioned LIntz’s mother about why she only wanted her son to stay home with her for one night.
Previously the prosecution called another witness that contradicted the mother’s testimony. Lintz’s supervisor testified that Keith Lintz was a ‘no show’ for his shift at Wal-Mart in Mishawaka.
However he did come into work the day before and after the day of the murders.
Baker asked, “Were you frightened the next evening?”
“No,” the mother answered.
Baker continued to asker her, “So you were just frightened one evening?”
She responded, “Yes.”
Baker concluded with the question, “ So was it all over the news the killer had been caught and you were no longer afraid” You didn’t hear that did ya? “
Keith Lintz’s half-brother, Brian Jacobs was also called to the stand. He was also living in the same apartment on Carberry Road with his Keith and their mother at the time of the murders.
He told the jury he was asleep the night Keith came home before the Tarwackis were killed. He then woke his brother up at 9 a.m on the morning of the murders. The two then went to a gas station to buy some beer and lottery tickets. After that they spent the afternoon hanging out with a friend drinking beer.
During cross examination Baker asked, “So then do you have an idea through your direct knowledge of where you brother was being since 6:50 or ten till 7 until 8 o’clock of that morning?”
Jacobs replied, “No.”
Baker continued, “Did you have any conscience of him that morning?”
Jacobs responded, “Nope.”
During opening arguments the prosecution argued the murders happened sometime between 6:30 to 7:30 in the morning.
Also another witness called by the prosecution gave testimony that the brother found Lintz asleep on the sofa covered in blood.
He helped him removed the gun powder residue and blood with chemicals. They went to the gas station to provide an alibi using the surveillance cameras and lottery tickets with time stamps.
Friday morning the prosecution and defense will give closing arguments. The jury will then be given instructions and start deliberations.