Wendell Parton who is from Lampe Missouri and is a homebuilder told a jury this past Friday, March 26th, 2010 that on April 25th, 2008 his employee Mart Alvard told him that he had killed Janice Allen.
Wendell Parton stated that he had wanted to send paramedics to check on Janice Allen who was at her daughter’s apartment in Green Forest, Arkansas, but Marty Alvard stated to him that it was not use, in fact according to Wendell Parton, Marty said, “I’ve killed enough deer that I know when something’s dead.”
Deputy Medical Examiner Stephen Ericson testified that he was a deer hunter and he had seen deer bled out with a slash to the side of the throat like the one that opened Janice Allen’s aorta and the windpipe.
Marty Alvard’s lawyers don’t deny that he killed Janice Allen, whose daughter, JoAnn Alvard, was his estranged wife.
Instead, they say they will prove that he should be found not guilty by reason of mental disease or defect.
Much of Friday, March 26th, 2010 was spent following Marty Alvard’s steps after the killing. There has been testimony that he forced his wife through the living room where her dead mother was on a chair with a beige throw blanket over her head and chest.
JoAnn Alvard said Marty threatened to kill her when she tried to call for help from neighbors and again from a secretary she knew as they drove by the nearby school superintendent’s office.
Wendell Parton said he called Marty Alvard to check on the earache that had taken him away from a job site near Golden, Missouri, and was told “I messed up.”
When Marty Alvard drove up, he asked Wendell Parton to take JoAnn Alvard, who was still in her pajamas and recuperating from brain surgery.
When he hesitated, Wendell Parton said, Marty Alvard spat and said “if you don’t, I’ll kill her.”
Wendell Parton stated that he arranged for them to meet Rev. Todd Rogers at the Harvest Assembly of God Church near Oak Grove, Arkansas where Wendell Parton and the murder victim were members. JoAnn Alvard often came with her mother and sometimes Marty Alvard came.
Co-worker Randy Waggoner, who was with Wendell Parton that day, testified that Marty Alvard once told him “If I could get away with it I’d kill JoAnn Alvard.”
Another time Marty Alvard complained that Janice Allen wouldn’t allow him to talk with his estranged wife after she had brain surgery and about other slights through the nearly 20 years of marriage to her daughter.
While Marty Alvard’s lawyers contend that he had been hoping to reunite with his wife and children, Randy Waggoner said Marty Alvard had brought an old girlfriend to a Christmas party and said he was seeing a teacher.
Terry Hutchison said Marty Alvard stopped by his Oak Grove home before going to the church and said, “I killed JoAnn’s mother” using a baseball bat and a knife.
He asked Terry Hutchison to “see to it that the boys went hunting,” Hutchinson said, because he probably wasn’t going to be able to take his three sons hunting himself.
The preacher said when he got to the church, JoAnn Alvard was inside and Marty Alvard was in the parking lot.
“I messed up bad,” Marty Alvard told him twice while waiting for police to arrive, according to Rev. Rogers.
He said Wendell Parton had asked for and received Marty Alvard’s gun and he held it in the church safe until police picked it up later that afternoon.
The medical examiner’s testimony included enlargements of autopsy photos showing Janice Allen was both beaten with a baseball bat and stabbed.
A male juror collapsed during the display but was tended too first by the medical examiner, who is also a doctor, then had his blood pressure checked by paramedics before trial resumed with him in his seat.
The state’s case ended at 1:45 PM on Friday March 26th, 2010 and when the jurors left, Marty Alvard’s lawyers made the standard request that the judge hold him innocent because the state hadn’t made its case that Marty Alvard committed capital murder or any other crimes in the death, he hadn’t kidnapped JoAnn Alvard, he hadn’t made terroristic threats and hadn’t been guilty of anything that would require an enhancement for use of a firearm.
Prosecutor Tony Rogers noted Marty Alvard’s “numerous admissions” to killing Janice Allen, including statements to Green Forest Police Chief and Officer Shannon Hill when they picked him up. Prosecutor Rogers stated that Marty Alvard’s acts of both beating and stabbing Janice Allen showed his acts were deliberate and cited JoAnn’s testimony about his threats to her life before and during the drive after the killing.
Circuit Judge Kent Crow ruled that the case would continue.
Marty Alvard’s lawyers will begin presenting their case Monday, March 29th, 2010. They have said they will prove that Marty Alvard was not by law responsible for his actions because of mental disease or defect.