Day 8 Wesley Earnest Re-Trial: Witness Provides Earnest Alibi - - ABC13

Day 8 Wesley Earnest Re-Trial: Witness Provides Earnest Alibi

Wayne Stewart Wayne Stewart

Reporter: Jeremy Mills

Amherst Co., VA - A surprise revelation headlined Thursday's testimony in the Wesley Earnest murder re-trial.

The defense presented a witness who claims Earnest was in Chesapeake the night Jocelyn Earnest died.

This bit of information never came out in the first trial. We're not clear why not, but we do know it could have a huge impact this time around.

It comes from a 20-year-old who works at the Taco Bell in Chesapeake. Thursday on the stand, he says he remembered serving Earnest an order of 10 tacos about an hour and a half before Jocelyn Earnest was killed in her home in Forest.

Wayne Stewart claims Earnest was a memorable customer because of the size of his order and the fact that he drove to the wrong window to pay for his meal.

Stewart says Earnest approached him a week later, asking him to sign a sworn statement and basically serve as his alibi.

Stewart says he thought it was intended to go to Earnest's boss to keep him from being fired.

"If I had known that this would have been a murder trial, then I wouldn't have signed those papers. But, it is what it is," Stewart said.

The judge asked everyone to begin court half-an-hour early on Friday with the hope of finishing by the end of the day.

The defense is expected to rest its case Friday morning.

After closing arguments, the jury should begin deliberating by mid-afternoon.


(11:30 a.m.) Amherst Co., VA - There has been a major development in the Wesley Earnest murder re-trial.

On Thursday morning, the defense called a surprise witness to the stand who did not testify in the first trial- a worker at a Taco Bell in Chesapeake.

He testified that he remembers Wesley Earnest going through the drive thru at 6:00 p.m. on Wednesday, December 19, 2007.

Investigators say Jocelyn Earnest died about 7:30 that same night.

We'll bring you a full re-cap of today's proceedings tonight on 13 News at 6:00.

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