Reporter: Jeremy Mills
Amherst Co., VA - The issue of journal entries proved to be a major problem in the first Wesley Earnest murder trial.
In day three of the re-trial in Amherst County Wednesday, attorneys are attempting to avoid even using the word. Prosecutors have now begun referring to Jocelyn Earnest's journals as "notebooks" for the obvious reason because they don't want them anywhere near the jury. Instead, prosecutors have submitted a picture of the notebooks into evidence.
In court Wednesday, a former Earnest family friend detailed the night she and Jocelyn went to couple's lake home after the two had separated. Jennifer Kerns described how they saw Wesley having sex with his new girlfriend, and she said Jocelyn banged on the window to let him know she was there.
That same witness also claimed that after that she saw Wesley sneaking around Jocelyn's home on Pine Bluff Drive.
Family members of Earnest still believe strongly in his innocence and believe this trial will prove it. They're also a little worried about his health. In the past four months, Earnest has reportedly lost 63 pounds while living in jail.
Amherst Co., VA - Testimony in the Wesley Earnest murder re-trial is entering its second day.
On Wednesday morning, the jury heard from a second investigator with the Bedford County Sheriff's Office.
Investigator Mike Mayhew discussed the murder scene, including where Jocelyn's Body was found and the blood pattern in the home.
An interesting moment came when the judge ruled on the side of the defense that an email written from Wesley to Jocelyn was not relevant. He ordered the clerk to get it out of the courtroom and "send it to the other side of Richmond."
The reason for the mistrial was because evidence that had been ruled inadmissible was seen by the jury.