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Trial begins for Grindstone woman accused of killing husband

By Jennifer Harr 4 min read

Two years after 56-year-old Harold Payne was found dead in bed at his Grindstone home, his wife, Debra, went on trial for his death in Fayette County Court. While Payne’s attorney, Samuel Davis, told jurors that “her defense in this case is innocence,” District Attorney Nancy D. Vernon said Monday that prosecutors believe Debra Payne planned out her husband’s June 5, 2003, death.

State police allege that Payne, 45, of 110 Orchid Drive, Grindstone, shot her husband in the head as he lay in bed at their home.

In opening remarks, Davis told jurors Debra Payne did expect her life to change that day.

“The man she loved had a drug problem,” Davis said, and he was supposed to leave that morning for treatment.

He indicated that Payne was unsure when her husband was going to substance abuse rehabilitation, but “trusted him” and believed he was going. Her son, Brian Jordan, testified that she told him his stepfather was going for help “a couple of days” before his death.

“Not in her worst nightmare did she expect to be here before you two years later,” he told jurors.

Vernon said in her opening that she planned to present numerous witnesses – co-workers, friends and family members – who knew Harold Payne and would testify about whether he was going to rehab. Vernon previously said he had no plans to do so.

She also indicated that four forensic scientists will take the stand for prosecutors. Those scientists analyzed Debra Payne’s clothing, blood at the scene, DNA and the gun used to shoot Harold Payne.

Vernon called that testimony “highly technical, but very crucial evidence in the case.”

Harold Payne was found in bed shortly after 5 a.m. on June 5, 2003. Police initially thought his death might be a suicide, but after tests performed on Debra Payne’s sweatshirt and hands showed gunpowder residue, she was charged with criminal homicide in December 2003.

Davis, in his opening remarks, said that residue was “easily transferable.”

Both Debra Payne and Jordan had gunshot powder residue on their hands, Payne on her palms and Jordan on both the palms and the backs of his hands, according to authorities.

Jordan, 22, of Adah testified that he came home around 10:30 p.m. the night Payne died. Jordan testified he went to his room and talked to his brother on the phone for a while, and then went to sleep. A box fan near his head kept him from hearing anything until his mother woke him around 5 a.m.

While he testified that he told his mother on a few occasions to call 9-1-1, he said she instead asked that he call a relative who is a nurse. His mother later called a family friend, who made the emergency call.

Although Payne was his stepfather, Jordan testified he regarded him as his father, and said he did not believe that his parents had any trouble in their marriage. He testified he did not believe it was unusual that his mother routinely slept on the couch, while his father slept in bed.

In the weeks before his death, Jordan said, Payne started drinking nightly and continued to do drugs. He testified that his mother also used drugs.

H. Dennis Field, a captain for Redstone Township police, testified that he responded to the Paynes’ home because the initial 9-1-1 call came in as cardiac arrest. When Field arrived and went into Harold Payne’s bedroom, however, he immediately noticed the gunshot wound and secured the scene, calling for state police.

Field testified he was suspicious because Payne’s right arm was underneath his body, and his left arm was underneath his head. The gun was 12 to 18 inches away from his right arm, on top of the blankets on the bed, Field estimated.

“Both of his hands were in a position where I couldn’t see a possible way he could do this to himself,” he testified.

Testimony in the trial will continue this morning before Judge Ralph C. Warman.

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