The Attorney General’s Office concluded its case against Christian “Kit” Martin Thursday after calling their final witness in the afternoon and two motions put forth by the defense were denied.
Following the conclusion of the Commonwealth’s case, the defense renewed their motion to dismiss the charges against Martin due to information involving cell phone tracking evidence given to the grand jury in error resulting in the indictment. Judge John Atkins denied that motion, saying his stance on that has not changed and he believes the grand jury acted accordingly.
Public defender Doug Moore then requested the judge make a directed verdict, which is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a verdict. He argued that the prosecution has provided no evidence that puts his client at either scene involved in the murders or was involved, either alone or in complicity.
Assistant Attorney General Barbara Whaley disputed those remarks, saying multiple experts have testified to circumstances and data that link Martin to the crimes, either through motive or means.
Judge Atkins declined to make a directed verdict, saying it will be up to a jury to decide.
Multiple ballistics and weapon experts testified Thursday, including retired KSP ballistics expert Jeffery Doyle, who analyzed the shell casing found five months after the murders on the back porch of the Phillips’ home by family and did conclude it had been fired from Martin’s gun.
Defense attorney Tom Griffiths believes that shell casing was planted in the Phillips home after the crimes and Doyle acknowledged his analysis cannot determine anything about how or when the casing got to where it was recovered.
The defense is set to begin its case to the jury on Monday morning—Martin is charged with three counts of murder, arson, attempted arson, first-degree burglary and three counts of tampering with physical evidence in relation to the 2015 deaths of Calvin and Pamela Phillips and Ed Dansereau in Pembroke. Each count of the indictment alleges Martin acted “alone or in complicity with others or another.”