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Jury hears from lead investigator, watches questioning in England murder trial: Trial expected to continue into next week
Feb 26, 2010 (The Tribune-Star - McClatchy-Tribune Information Services via COMTEX) --
A man who was once questioned in the 2008 disappearance of a Terre Haute man told a jury Thursday that he was not mad at Jack "JB" Berry Jr. even after he found out JB had an affair with his pregnant girlfriend.
Jonathan Nesting, 32, said he was on a three-month binge of using meth when Berry went missing on Dec. 16, 2008. Berry's disappearance led to a charge of murder against Brent England, who investigators say was the last person to see his friend alive. Berry's body has never been found, and neither has a murder weapon.
England's trial entered its third day Thursday in Vigo Superior Court 6, where a 12-member jury also heard from the lead investigator in the case and watched a lengthy video of England's interview with police.
Nesting said Berry, who everyone called JB, led a "loose lifestyle" and was sexually active with many women.
"He was a womanizer," Nesting said of JB, and said his own girlfriend was six months pregnant with Nesting's child when she had an affair with JB. Nesting said he found out in September 2008 about the affair, but he was more angry with his girlfriend than with JB. In fact, JB helped him get through his breakup with his girlfriend, Nesting told defense attorney Joseph Etling.
Nesting told Chief Deputy Prosecutor Rob Roberts that he moved from Terre Haute on Jan. 3, 2009, when he took a Greyhound bus to Arkansas to live with this mother. The reason for the move, Nesting said, is that he was addicted to meth. He had not paid his rent for six months, he still owed $1,500 on a car that was in rough condition, and he did not have a job.
Nesting admitted to earning a criminal record about 10 years ago, and that he had at one time faced five felony charges, but four were dropped and he was convicted of conspiracy to commit burglary. It appeared to surprise Etling when Nesting testified that the law firm of Smock and Etling had been hired to represent him in that 2000 case.
"If you get Smock, you walk," Nesting quoted as a defendant's motto.
His appearance on the witness stand was followed by Detective Mike Mikuly, whose testimony took up most of the day as he went through steps of the investigation, starting with a traffic stop on England's car on Dec. 20, 2008. That day included a search of England's home on White Oak Lane, a preliminary search of his red Saturn car and the videotaped interview of England.
At one point in his interview, England is heard to tell Mikuly, "I have no idea where he is," in reference to JB. And at another point, they discuss two handguns that JB had given to England to hold for him. England admitted to selling the guns at Pawn-It in Terre Haute, but he claimed his friend JB was not angry at him. England said he told his friend he would pay him back for the guns, and his friend left the White Oaks Lane duplex and drove off in his van on Dec. 16, 2008.
Three days later, as a missing person's report was being investigated, police would find Berry's white Ford van parked about two blocks from Berry's home in a northwest-side neighborhood.
Roberts also introduced cell phone records from England and Berry. Mikuly confirmed that the records show 15 calls were made Dec. 15 and 16 from Berry's phone in his attempt to reach England. None of those calls was answered. The last call received on Berry's phone was logged at 12:24 p.m. on the day he went missing.
Mikuly said that as his investigation occurred past the Christmas holiday in 2008, he spent time contacting people mentioned during interviews as friends of Berry, and he looked at phone and police dispatch records.
"At this time," Roberts asked, "what is the focus of your investigation?"
"I'm still trying to locate Jackie Berry Jr.," Mikuly replied.
Testimony in the trial will continue today, and the trial is expected to wrap up next week.
Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.
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