Evening star., 1949-06-29
Scott Prosecutor
Pressing Case;
Killing Admitted
Surprise Statement
BIumes Death of Girl
On Criticism of Friend
By Robert c. RoIiines
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eWayeQ Oy a surprise defense
admission that Dana Marie
Weaver, 16. met death at the
hands Of Lee Scott. the State to-
day set out to prove a first-degree
murder charge against the high
school athlete.
In q dramatic opening state
ment to the 12-man jury, Chief
Defense Counsel T. Warren Mes
sick conceded that the popular
high school junior was killed by
16-year-old Scott in the kitchen
Of Christ Episcopal Church parish
house on the evening Of May 8.
But. the attorney pleaded. it was
q killing which was unintentional
and which was brought about by
the 16-year-old girls statements
concerning another Jefferson High
School youth whom Scott "ad-
mired and worshiped."
"All that I ask of you" Mr..
Messick told the jury. lis that you
infiict upon Lee such punishment
as the law of this State authorizes
and as his honor CHustings Court
Judge Dirk A. Kuyk) will instruct.
Acts to Avert First Degree Verdict.
He deserves punishment. but
the punishment he is to receive is
the punishment the court will tell
you in the instructions You will be
authorized to impose"
Thus the defense counsel took
the first steps in seeking to prevent
a verdict Of first or second-degree
murder permitted under the indict-
ment returned against the Eagle
Scout and choir singer. Conviction
of f1rst-degree murder carries a
possible death penalty.
In a brief and calm opening
statement, Beverly Fitzpatrick,
assistant Commemorative attor-
ney and one Of the three prosecut-
ing attorneys. asked the jury Ito
punish Lee Scott according to the
law" But Mr.. Fitzpatrick charged
that the crime was "willful,
deliberate and premeditated muir
der"
Discovery Of Body Described.
Mr.. Fitzpatrick described how
the church, janitor found the
"cruelly beaten body Of Dana
Marie Weaver" on the morning of
May 8. He said she was lying on
her back in pool Of blood. "her
skirt and slip up above her waist" F"
There was a cash on the girls
head, he told the jury; marks on
her throat and BADLY discolored
mark" under her chin. The nails
on all fingers of her left hand and
those on the middle and index
fingers Of her right hand were
broken off and, he continued,
there was "a large blue spot on
her leg midway between her knee
and thigh. apparently made by
a shoe"
The prosecutor said evidence
would show that Scott. who was
arrested at the high school the
morning of May 10. after an anon
ymous telephone call to police, at
first denied he was at the church,
but later admitted it.
Coroner Will Be Called.
In contrast to Mr.. Fitzpatrick
matter-of-fact charge, Mr.. Mes
sick at times almost shouted. His
voice rose as he told the jury "the
evidence will show there is no
question of sex involved in this
case"
DR.. Charles M. Irwin. the city
coroner. who said Dana Marie was
suffocated, possibly with a large
cloth coffee bag. will be called to
the stand, Mr.. Messick said.
Mr.. Messick said Lee went to
the church, where he was men,
Der of the choir and the Sunday
school, to meet another boy, Fred
Bradley. He said Dana Marie
came in while Lee was there and
that they went upstairs to the
kitchen to have soft drinks.
Says Girl Criticized Friend.
As the pair stood in the kitchen
drinking. the attorney related,
Dana began criticizing her former
boy friend. Jimmy Webb. with
whom she had broken up after a
quarrel about q month before.
"They Dana and Buddy got
in a heated argument over Jimmy
Webb. his friend whom he ad-
mired and worshipped because Of
the boys athletic ability" Mr..
Messick told the jury. "She criti-
cized him. said he was no good
that he'd won the State wrestling
championship by luck.
Lee demonstrated with her"
Mr.. Messick said.
"She criticized Webb some more
criticized this friend who was a
hero to Buddy Scott that
boy hit her with a bottle
then they got into a fight and
she clawed him with her long
fingernails. He grabbed her and
choked her."
Mr.. Messick again asserted that
boy didn't know until II O'Clock
the next day +" that the
girl was dead" Earlier the de-
fense attorney said evidence would
show that Lee suffered temporary
amnesia."
Scott. his attorney said. told the
truth about what happened while
under the influence of truth
serum" which was administered
with the consent Of all concerned
on May II.
After a jury Of Il men and two
alternates, most Of them parents,
had been picked late yesterday.
young Scott was arraigned. His
expression remained unchanged
as he stood and heard the court
clerk read the indictment against
him. Mrs. Scott, who has sat