Wendy Howard trial: Prosecution rests as attorneys dispute defendant's emotional state before shooting

Oct. 14—The prosecution in the Wendy Howard trial rested Thursday as a deputy district attorney sought to portray the first-degree murder suspect as vengeful prior to her ex-partner's shooting death, and a defense attorney sought to refute those claims by showing his client experienced a range of emotions, not just anger.

Deputy District Attorney Eric Smith said Howard sought revenge against Kelly Pitts because he sexually abused her children. Howard previously told police she shot Pitts in self-defense on June 5, 2019, at her home in Tehachapi. Attorneys in the case have agreed that Howard shot Pitts, and he had molested her daughters.

Jurors heard testimony Thursday, the seventh day of the trial, from Kern Regional Laboratory criminalists and the lead detective on the case. Domestic violence advocates have filled rows in the courtroom each day of trial to support Howard.

Tehachapi Police Detective Michael Adams testified about messages Howard sent the night before Pitts' shooting death to try and establish her state of mind.

"Fighting every emotion in the book," Howard wrote, which was shared in court. "Anger, guilt, extreme anger, vengeance."

Defense attorney Tony Lidgett also showed text messages sent June 4, 2019, in which Howard discusses a potential trip to Magic Mountain, in an attempt to show Howard's excitement as well.

Adams also testified about messages Howard sent 15 minutes before Pitts' death. She described herself as angry, guilty, frustrated and stressed in the messages.

"I'm struggling with doing the right thing," Howard wrote.

Lidgett countered this line of questioning by asking Adams if Howard — despite her anger — ever went to Pitts' house to confront him. Adams testified that she did not.

On June 5, 2019, Pitts called Howard to request if he could bring his grandson to play with Howard's children. Howard said OK.

However, Tehachapi police had launched an investigation into Pitts after his daughter, Bayley Frost, said he sexually abused her. Police had told Howard and Frost — who is the biological child of Howard and Pitts — they should maintain their composure around Pitts and refrain from telling him about the investigation.

The Californian does not generally name alleged victims of sexual abuse. However, Howard's daughters have spoken publicly.

Frost testified earlier in the trial that she and her mother discussed Pitts' arrival at their house on June 5, 2019, and the possibility of Howard confronting him about the abuse. Howard confronted him, and Frost said Pitts tried to run over Howard with an ATV, which led to her shooting him.

Retired criminalist Greg Laskowski, an expert in blood-spatter analysis, said Pitts' shooter was behind him because of the trajectory of the bullets entering the body.

"The person has to be crouched," Laskowski said, while adding it almost looked as if Pitts was attempting to evade bullets.

When cross-examined, Laskowski testified he examined crime scene photos and did not interview witnesses. He also went to the scene months after the shooting.

Testimony this past week

Jurors also heard testimony this week from Pitts' family members, Howard's husband, firearms experts, crime-scene analysts and investigators from the DA's office.

Philip Jalbert, Howard's husband, testified Tuesday about Howard's emotions prior to the shooting. He and Howard texted about heightening security measures around the house after an investigation into Pitts had been launched by Tehachapi Police.

Jalbert, when questioned on the stand by Smith, said his wife wasn't distressed about the investigation into Pitts' behavior toward Bayley Frost, but was frustrated by the whole process. Howard's other daughter, Miranda Frost, said she endured sexual abuse by Pitts, cooperated with Kern County sheriff's deputies in their investigation and the DA's office declined to file charges.

He also testified Howard wouldn't do something rash or inappropriate.

When cross-examined by Lidgett, Jalbert said the first thing Howard did after learning about her daughter's sexual abuse was to ensure safety for her family by installing cameras because Howard was scared of Pitts.

The last thing a person seeking to commit a crime wants is cameras installed capturing their actions, Jalbert said on the stand.

Howard's emotions are consistent with a parent who has learned about the sexual abuse of a child, and the couple never discussed killing Pitts, he testified.

Smith also called Pitts' son, Dalton Pitts, to testify about his father. Pitts testified the interactions between his father and Howard were nice, but also contentious.

However, Dalton Pitts denied his father was violent in response to Lidgett's question. Attorneys have presented evidence of Pitts' alleged violent behavior toward Dalton Pitts' mother, and inappropriate sexual behavior toward at least four women.

"I'm having a hard time believing all of it," Pitts said in regard to Frost's allegations.

Former Tehachapi Police Sgt. Amelia Thompson testified Monday that Howard talked about handling Pitts on her own when conversing with police about the investigation into Bayley Frost's allegations. Thompson added she thought Howard didn't have confidence in the police because the investigation into her other daughter's statements didn't lead to charges.

Thompson testified she didn't record Howard's statements about "handling" Pitts herself, though she did write in her report about the investigation that the comments were a direct quote.

Kern County Superior Court Judge Charles Brehmer said he anticipates jurors will be able to start their deliberations next week, after the defense presents its side. Testimony is scheduled to resume Monday, when the defense is expected to call its first witness.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.