Prosecution’s case proceeds in first degree murder trial

    Jurors resumed their duties Monday morning on the third day of the Kevin German trial in Chase County District Court.
    German is charged in the November 2019 death of Annika Swanson of Imperial.
    After the prosecutors opened their case last Thursday and Friday, attorneys from the state’s Attorney General’s Office continued Monday with three witnesses taking the stand.
    Two forensic experts and a Ft. Collins, Colorado Police Department unit spokesperson were on the stand Monday.
Forensic expert
Dr. Tim Rohrig
    The prosecution opened Monday morning by calling forensic expert Dr. Tim Rohrig, who specializes in forensic pharmacology and toxicology.
    Rohrig has 40 years of experience in the field and currently serves as a visiting professor at Emporia  State University in Kansas, the University of Nebraska-Lincoln and does consulting in the field.
    He previously worked at the Forensic Science Center in Sedgwick County, Kansas.
    Rohrig was asked to review the toxicology report from Swanson’s 2019 autopsy.
    He said he focused on the methanol, methamphetamine and formic acid findings and what role each played in her death.
    Rohrig said methanol is a key ingredient in windshield wiper fluid and is toxic. The body contains a small amount of methanol, but he noted the amount found in Swanson’s blood was 1,000 times the natural amount.
    He said changes in the body in terms of the nervous system and brain response begin within 15-20 minutes of ingestion.     
    State Attorney Doug Warner asked him to explain the latency factor in the body after methanol ingestion.
    He said depending on the subject, it can be anywhere from eight to 30 hours before the body starts to break down the methanol into formic acid. It’s formic acid that injures the body tissue and can cause death.
    Warner asked if he could estimate how much windshield wiper fluid Swanson would have had to ingest to reach the level that was in her blood.
    He said wiper fluid is 30-50% methanol. Based on that concentration, he said six to 10 ounces of the liquid could result in the level Swanson had.
    Rohrig also addressed that the blood sample taken during the autopsy came from cardiac blood versus elsewhere in the body.
    After death, he said drug compounds continue to break down and move towards the heart. So it’s not certain as to the actual amount of methanol in the body at the time of death.
    The same would be true with the methamphetamine and amphetamine that was in Swanson’s body.
    In his experience, the amount of methamphetamine present in Swanson’s blood would typically not be enough to cause death unless there were other underlying health conditions.
     He said amphetamine shows up because that’s what results when the body breaks down meth.
    He added the methamphetamine and formic acid could be contributing factors in Swanson’s death.
    On cross-examination, Defense Attorney Clarence Mock confirmed that this was the first case of methanol ingestion Rohrig had consulted on or seen.
    After Mock asked about any additional testing being completed, Rohrig said the reliability of NMS Labs was sufficient not to merit it.  
    Mock cited one study that showed ethanol (alcohol) can cause more suppression of the nervous system than methanol. Rohrig agreed.
    The exchange between the two became more argumentative as the cross-examination continued.
    Mock said the study shows a lack of correlation between blood methanol levels and the degree of toxicity,  suggesting that methanol itself is not a toxic agent.
    “What do you think that means?” Mock asked.
    “Well, I don’t agree with the statement,” Rohrig said.
    “I understand that, but what do you think they are saying?” he asked.
    To say that methanol isn’t toxic doesn’t make sense, Rohrig said.
    Mock continued, with Rohrig agreeing with some of the study analyses.
    Mock noted the studies stated that methanol in of itself is not toxic. Tissue damage occurs from the metabolic breakdown of the methanol, resulting in formic acid.     
    Mock said no studies show that death has occurred as a result of just methanol ingestion. Rohrig agreed.
    He also noted the studies showed individuals with much higher methanol concentrations than Swanson who presented with normal signs and symptoms. It wasn’t the methanol itself but the formic acid that causes the problems, Mock said, of which Rohrig agreed.
    Mock said studies showed after ingestion of concentrated methanol that nausea, vomiting and abdominal pain may develop.
    “I would appreciate it if you would simply answer my questions. So my question is, do you have any evidence that Swanson suffered from nausea as a result of drinking anything shortly before her death?” Mock asked.
    “Do you have any evidence that she vomited? Do you have any evidence that she suffered any abdominal pain?” he continued.
    Rohrig answered no to all three questions.
    On re-direct, Warner asked Rohrig if any ethanol was present in the body to counteract the effects of methanol? Rohrig said there was not.
    Ethanol is an antidote for methanol ingestion.
Forensic chemist
Christine Gabig
    Christine Gabig, a forensic chemist with the Douglas County, Nebraska Sheriff’s Office, took the stand to review testing she completed on  evidence items, the first in December 2019.
    She explained the process and the instruments used to test for both known and unknown substances.
    The first test she ran was on an unknown substance in a drinking bottle recovered at the crime scene. She said there was a stain or residue inside the bottle.
    She explained she swabbed the residue and put it into chloroform to liquefy it.
    Her initial testing did not identify it, so she ran further tests on a different instrument which showed the sample contained both methanol and ethyl glycol, the active ingredient in anti-freeze.
    The next test then confirmed a known substance as vegetable  oil.
    In February 2020, she said she tested three items—a bottle of jack oil, a patch of native grass and a sweatshirt recovered from the overflow tube where Swanson was found.  
    She confirmed the oil was a known heavy oil, taken from a bottle of jack oil.
    The grass sample showed no traces of any foreign elements.
    She said she took a number of swatches from the sweatshirt and confirmed the clothing showed vegetable oil and jack oil was present on the garment.
    In May 2020, she said she tested three items of clothing belonging to Kevin German—a sweatshirt, sweat pants and sports shoes.
    Authorities indicated to Gabig some of the garments may had already been washed.
    She found no evidence of vegetable oil or jack oil on any of the items.
    On cross-examination, Defense Attorney Denise Frost asked if there were any fingerprints recovered from the bottle. Gabig said that is not done in her department.
    She also asked her why she referred to the bottle as a “drinking bottle.”
    Gabig said it was the kind of bottle with advertising on it that would be given away and used as a drinking bottle.
    Frost asked Gabig if she had any direct knowledge as to what the bottle was used for. Gabig said she did not.
    Frost asked if any DNA testing was done on the bottle to which Gabig responded she does not do DNA testing.
    Frost reviewed the testing process with Gabig in detail.
    She asked if there was any pattern followed when taking swatches from the sweatshirt. Gabig said she took fabric from a variety of areas to get an overall collection from the item.   
    Frost reiterated no oils were found on any pieces of German’s clothes or shoes.
    Frost asked if Gabig tested any articles of clothing from Keonna Carter. She said she was not given any for testing.
Tessa Jacobson
Fort Collins Police Dept.
    The final witness Monday was Tessa Jacobson, a member of the Corporal Crimes Against Persons Unit in the Fort Collins, Colorado Police Department.
    She told the court she was on call the weekend the request came from the Chase County Sheriff’s Office, asking for assistance in apprehending German and Carter.
    She worked the case over the next several days, including bringing Carter to the crime site in Chase County Nov. 24. Carter confirmed the location where Swanson’s body had already been found, she said.
    She said she helped interview Carter after her arrest.
    Later that evening, she interviewed German in an effort to  get him to tell her where Swanson’s body was located, with no success.
    Chase County Sheriff’s Deputy Duncan Einspahr traveled to Fort Collins and also interviewed German, with the same result.
    Jacobson said both interviews with German were recorded. The state showed both interviews to the jury, which lasted about 90 minutes.
    Mock cross-examined Jacobson, noting that Carter had told her and German that she was expecting triplets and that the children were German’s.
    Mock confirmed with Jacobson that was a lie fabricated by Carter to lure German to Fort Collins.
    Carter had also indicated in another interview that she had suffered a previous miscarriage, which Mock said was also confirmed not to be true.
    Carter insinuated the stress of the situation and questioning could endanger the lives of the triplets, when in reality, both stories had been fabricated.
    Mock said, in fact, Carter  subsequently changed her story a third time.
    In one interview, she told investigators that she had stomped on Swanson and kicked her in the stomach and ribs.
    Mock said Carter admitted to stomping on her head. On redirect, state attorneys clarified Carter’s statement was that she stomped on Swanson but did not say she stomped on her head.
Emotional case
    Perhaps the most interesting development of the day occurred after the afternoon break around 3:15 p.m.
    Before the jury returned to the courtroom after the 15 minute break, attorneys with both the prosecution and defense went behind closed doors to meet with District Judge Patrick Heng.
    Attorneys returned to the courtroom about five minutes later. Almost immediately, Mock and his team left the courtroom. German left the courtroom, as well.
    They returned at 4 p.m. and, again, the parties including German went into another in-chambers conference with Judge Heng.
    At 4:20, the conference ended and all parties returned to the courtroom.
    Heng addressed the delay, noting that this is an emotional case and admonished a woman who came into the courtroom and hugged Monte Swanson during the time German’s interviews were being viewed.
    He said that cannot happen during the trial, especially when the jury is seated, which could possibly create a sense of sympathy for the victim’s family.
    When the jury returned, Heng explained the situation and instructed the jury they cannot be influenced in any manner by such conduct.
    After court adjourned, Mock was asked about the incident. He noted that something similar occurred the first day of the trial when Juan Delafuente stopped to give Cheryl and Monte Swanson kisses atop their heads as he exited the courtroom after his testimony.
    After a second such occurrence, Mock said it was important that it be brought to the attention of the judge and the jury.