Prosecution fires accusations, but Folker maintains he didn’t mean to kill Ann Marie Shirran
You could feel the tension in the courtroom as the prosecutor fired accusation after accusation at a man suspected of murdering his girlfriend.
© — Photo by Rosie Gillingham/The Telegram
David Folker in court Friday.
Lloyd Strickland’s statements were scathing, each blaming David Folker for killing Ann Marie Shirran because he feared she would keep their son from him.
But each time, Folker was steadfast in professing his innocence.
“I put it to you that you were about to be out of the picture,” said Strickland, noting Shirran had planned to take full custody of their one-year-old son after their breakup.
“No,” Folker replied.
“You knew you’d be out of (your son’s) life,”
“False,” Folker said.
Strickland then pointed to a letter Folker had written to a female friend, in which Folker had indicated he feared he would not see his son.
“You knew she wanted you out of the picture,” Strickland said.
Folker: “She never confronted me on custody.”
“She stood between you and your son,” Strickland shot back.
“No,” Folker said.
“And things got messy,”
“So, you made it look like she left,” Strickland said.
“False,” Folker again replied.
“If she wouldn’t leave you, you were going to make her leave and you attacked her,” Strickland said, pointing to Folker.
“Ridiculous,” Folker said.
Folker is charged with second-degree murder and interfering with a dead human body.
On the second day of his trial four weeks ago — more than three years after Shirran’s remains were found by campers on Sept. 3, 2010 in a wooded area on the Southern Shore — Folker admitted Shirran died July 18, 2010 as a result of a physical altercation between them.
He also admitted to disposing of her personal items in the woods off Blackhead Road and to dumping her body in the woods near Cappahayden. He admitted he lied to police about her being missing, despite the extensive search that was underway.
In Folker’s first day of testimony Thursday, under direct questioning, he said that on the night of July 18, 2010 Shirran had attacked him. As a result, he said, he grabbed her by the throat and threw her aside “to get her off me” and to tend to their son in his crib. When he came out of the bedroom, he said, Shirran was dead on the floor. He said he didn’t mean to kill her.
He said he panicked and wrapped her body up in moving blankets and while carrying her to his SUV, he tripped, causing Shirran’s head to smash down on the concrete.
Cross-examination had begun later Thursday, but Friday, Strickland seemed more forceful with his line of questioning.
He pointed out that Shirran had told friends that she had planned to get full custody of their son after their breakup.
Strickland questioned why “a strong personalty” like Shirran wouldn’t talk to him about that.
He suggested Folker couldn’t handle Shirran taking their son, so he hit her in the head from behind.
“You were so determined to see her die, you fractured her head twice,” Strickland said.
“False,” Folker said.
“You then carefully and methodically went ahead and made all attempts to make it seem like she went away,” Strickland said. “You weren’t shocked or traumatized.
“Yes, I was,” Folker replied.
“You threw away her personal items, gathered phone numbers (of friends and family to report her missing). Does that seem like the actions of a traumatized person?” Strickland said. “You were prepared to let everyone believe she left.”
“At the time, yes,” Folker said.
“That was your Plan A. This is your Plan B today,” Strickland said.
Folker was the final witness in the trial, which finished its fourth week of proceedings Friday.
Justice Wayne Dymond said he and lawyers will hold discussions Monday and Tuesday. He dismissed the jury until Wednesday, at which time lawyers are expected to present their final arguments.