1HV0iyl#CEB

were dated that day, April 22, 1999. The driver’s seat was at its farthest position
back. 5
Alan Kopatz called the Kopatzes’ house and spoke to his mother, who by
then was also at the house. He told her that Mary and Carley were dead. When
she told this to defendant, he exclaimed, “Oh my God. Not my baby too,” and
began hitting his head against a cupboard.
At 6:00 p.m., Officer Patrick McCarthy arrived at the Kopatzes’ house.
Paramedics were already there, examining defendant in response to his complaints
of back pain. After their examination, the paramedics announced that defendant
was fine and left the house around 6:30 p.m.
About 6:30 p.m., Sergeant Patrick Watters arrived at the Kopatzes’ house.
He spoke with defendant’s father, who related that defendant said he had taken his
older daughter to school at 8:00 a.m. and that Mary was going to take Carley to
work with her.
At 6:43 p.m., police evidence technician Carlton Fuller arrived at the
Kopatzes’ house and conducted a gunshot residue test on defendant’s hands.
Fuller saw red marks on defendant’s eyelid and wrist, scratches on his forehead
and hands, cuts on his hands, bruises around his elbows, and “blue glue” on his
hands. When Fuller took swabs from his hands and took photographs, defendant
leaned away and became uncooperative. Defendant’s hands shook as Fuller
photographed them. When Fuller asked defendant questions, he did not answer.
5 The prosecution’s theory was that because defendant was taller and
weighed more than Mary, the driver’s seat was positioned for defendant, not for
Mary. Defendant is 5 feet 10 inches tall and weighed 165 pounds. Mary was 5
feet 6 inches tall and weighed 134 pounds when she died.
10