Witness says Givens drunk Two were drinking on morning of Kilpatrick killing

April 14, 1993|By Dennis O'Brien | Dennis O'Brien,Staff Writer

Annapolis handyman Albert Givens was drinking with a friend and didn't leave him until just before dawn on the morning he is supposed to have killed an Arnold woman, according to testimony yesterday in Anne Arundel Circuit Court.

Mr. Givens, 38, is charged with first-degree murder in the slaying of Marlene Kilpatrick, a 55-year-old woman he occasionally worked for who was found stabbed to death in her Arnold home Jan. 3.

Police say Mrs. Kilpatrick was killed sometime between 11 p.m. Jan. 1 and 7 a.m. Jan. 2.

Wayne Williams, from Bembe Beach Road, told jurors yesterday that Mr. Givens arrived at his house sometime after it got dark Jan. 1 and didn't leave until just before sunrise Jan. 2.

Mr. Williams, a defense witness brought into court handcuffed by deputies because he initially failed to show when subpoenaed, said Mr. Givens spent the night with him drinking and watching television.

"It was dark when he arrived, that's all I know," Mr. Williams said.

Before testifying, he told Judge Raymond G. Thieme Jr. that he never received the subpoena.

John Mann, an investigator employed by Mr. Givens, testified that Mr. Williams' house in Bembe Beach is a 14-minute drive from Mrs. Kilpatrick's house on the 100 block of Church Road.

The victim's house also is an 11-minute drive from Clement's Hardware, the Severna Park store where a witness testified Mr. Givens was seen about 7:30 a.m. Jan. 2.

Police found the victim's abandoned Mercury Cougar near the store.

Defense attorney Paul Kirby used the testimony to try to show jurors that Mr. Givens could not have driven to the victim's house, committed the murder and dumped off the victim's car near the hardware store by 7:30 a.m.

But under cross examination by Assistant State's Attorney Kathleen Rogers, Mr. Williams admitted he had been drinking heavily and was not sure exactly what time Mr. Givens left that morning.

He said he drank a bottle of rum before Mr. Givens even arrived. The two men then drank at least a case of beer, he testified.

"He had a good buzz on," he said. "I was drunker than he was."

Other testimony yesterday centered on the DNA print detected in a microscopic speck of saliva found on a soda bottle at Mrs. Kilpatrick's house.

Charlotte Word, a molecular biologist for Cellmark Diagnostics, the Germantown lab where the saliva was tested, told jurors that considering Mr. Givens' blood type and DNA type, he is among the 2 percent of the population that would leave saliva markings such as those found on the bottle.

But Jay Doniger, a molecular biologists from Georgetown University testifying for Mr. Givens, said the saliva sample easily could have been contaminated.

John Smialek, the state's chief medical examiner, testified that the 10 blows to the head Ms. Kilpatrick received would have killed her if she hadn't died first from three stab wounds to the chest. He said she was hit on the left side of the head with a heavy object, then hit nine more times when she regained consciousness.

She was then dragged to her bedroom, where she was stabbed and sexually assaulted, Dr. Smialek testified.

Police later found a 15-inch steel crescent wrench in Mr. Givens' toolbox, which contained tiny traces of blood, according to testimony.

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