Blood-splatter expert testifies
Claims evidence does not coincide with Winger's story
By
SARAH
ANTONACCI
STAFF WRITER
A blood-spatter expert testified Tuesday the evidence on clothing, walls, the ceiling and furniture in the dining room area of the Mark Winger household does not coincide with what he told police happened there on Aug. 29, 1995.
The sometimes-graphic evidence, with a heavy concentration on blood, caused a male juror to pass out. He was replaced by a female alternate, changing the jury's composition to eight women and four men who will ultimately decide Winger's fate.
Thom Bevel, a blood-stain-pattern analyst and crime-scene reconstructionist from Oklahoma, testified that he was first contacted by Springfield police in 1999. That was after DeAnn Schultz had come forward to say that she was having an affair with Winger at the time his wife, Donnah, 31, and shuttle bus driver Roger Harrington, 27, were killed in the Wingers' home on Westview Drive. Schultz has testified that Winger implicated himself in both deaths.
Police wanted to know if an expert's analysis of the evidence might support Schultz's claims. Bevel was hired through the Molly Sullivan Foundation, which raises money in memory of a woman killed in the 1990s to aid police in investigations and training.
Based in part on Bevel's findings, Winger, 39, is charged with beating his wife to death with a hammer and then fatally shooting the mentally unstable Harrington, whom authorities claim was lured to the Wingers to look as though he murdered Donnah.
Winger told police that Harrington became obsessed with his wife during a ride home from the St. Louis airport to Springfield and had been harassing her.
On the afternoon of Aug. 29, Winger said he'd been working out in the basement and heard a strange sound, came upstairs to check it out, grabbed his gun and headed toward the dining room. There he saw Harrington kneeling parallel to Donnah, who was face down, and beating her with a hammer in an east-west motion.
He said he came down the hallway and shot Harrington once in the head. As Harrington fell onto his back, Winger said he continued his momentum, saw Harrington start to raise his head and shoulders and shot him again, in the forehead.
But Bevel said the person who beat Donnah had to be kneeling perpendicular to her and moving his arm north-south, accounting for a large amount of blood spattered up the wall directly to the south of Donnah's head and onto the ceiling.
Also, Harrington had no blood on his socks or his shoes, an indication he was not near Donnah when she was beaten a minimum of three times with the hammer, Bevel said.
Bevel testified that Winger had some of his wife's spattered blood on his shirt that was not consistent with his saying that he cradled her head in his arms waiting for authorities to arrive.
In addition, Bevel said Harrington had to have been shot while he was near the refrigerator rather than the foyer, fell forward and was rolled over onto his back before being shot again.
"His head is toward Mrs. Winger, and his feet are toward the kitchen," Bevel said.
"You rotate him back up toward his feet. He would have been standing in this area," he told the jury, pointing to the refrigerator on a diagram.
Defense attorney Todd Pugh, on cross-examination, asked Bevel how exact the science of blood-spatter analysis is, saying, "There are few absolutes in blood stain pattern analysis."
Bevel agreed: "There are few absolutes in blood stain analysis, or any other discipline."
Pugh asked Bevel about the blood of Donnah that was found on Harrington's shirt. Bevel, in his initial report to police, said Harrington had none of her blood on his clothing, making it difficult to believe he'd bludgeoned her.
But DNA analysis concluded since the start of the trial shows there was in fact some of Donnah's blood on Harrington's shirt. Bevel said Donnah's blood and tissue was on Harrington's shirt because Mark has admitted hitting Harrington in the chest with the hammer. Harrington was still moaning after he'd been shot, Winger told police.
The defense has two blood-spatter experts it intends to call during its case.
During morning testimony, the prosecution was showing autopsy photos of Harrington to the jury, and Bevel was explaining blood patterns on his head, when one juror apparently fainted.
An ambulance was called, the court took a long break, and an alternate juror filled his spot.
Family members of both Donnah and Harrington were warned that the photos would be graphic. Harrington's mother opted to leave the courtroom. Donnah's relatives, including her two sisters, rested their heads on their spouses' shoulders, or refused to look.
Two of Mark Winger's co-workers from the state Department of Nuclear Safety also testified Tuesday.
Andrew Skaar said he and Mark's offices were next to each other in 1995 and that he once caught Mark in an after-hours embrace with a woman other than Donnah in Mark's office. Mark told him the woman was a friend of his and Donnah's who was having marital problems.
Candace Boldin, who works for Mark, said she was in Chattanooga, Tenn., with him the week before the slayings and that, although he seemed concerned about Donnah's safety, he opted to wait until Saturday to drive home, even though they were finished with work-related classes Friday.
She said that in the car on the way home, Mark related the story of Donnah's strange ride home from St. Louis with Harrington. Boldin said she suggested Donnah keep the couple's Mastiff, a large-breed dog, inside the home because the dog wouldn't let anyone harm Donnah. (The dog was in the garage the day Donnah and Harrington were killed.)
Boldin said Mark also asked her on the ride home what she thought would happen to Bailey, the 3-month-old child the Wingers were in the process of adopting, if Donnah died.
"I thought it was unusual for Mark to ask me," she said. "But he'd asked me other unusual questions before. I said I didn't think the adoption agency would take her away because there's lots of widowed and divorced parents of adopted children out there."
Sarah Antonacci can be reached at 788-1529 or sarah.antonacci@sj-r.com.
It seemed like an open-and-shut case. A violent intruder beats a woman to
death. He’s caught in the act by the woman’s husband, who shoots the man in the
head.
But over the years, two dramatically different versions have emerged of how
Donnah Winger died -- and only one can be the truth.
There's the story told by her husband, Mark Winger. It's the account that police
have, for the most part, accepted from the start -- that Winger killed an
intruder who was attacking his wife.
And then there's the other version that seems much harder to believe -- that
Winger had devised a complicated plot to murder his wife and frame another
officer. Critical to this case is one police officer who had a hunch he couldn't
let go.
Correspondent Richard Schlesinger updates this report that aired last summer.
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Almost everyone who knew Mark and Donnah Winger thought they were perfect
together.
“They were absolutely an adorable, model
couple,” says Sarah Jane Drescher,
Donnah’s
mother.
Both were respected and successful members of their community. Mark was a
nuclear engineer for the state of Illinois. Donnah was an operating room
technician.
The Wingers wanted to start a family. But there was a problem. They learned
Donnah could not bear children.
So when Donnah and Mark adopted a baby girl, Bailey, in June 1995, they were
elated. “My heart was just pounding, I just couldn’t believe it,” says Winger.
But three months later, the good times ended abruptly. It all began when Donnah
returned from a visit to her mother and stepfather in Florida.
Donnah and her baby arrived at the St. Louis airport and boarded an airport van
for the 90-minute ride home to Springfield.
It was an unusual drive, with an unusual
driver - a man named Roger Harrington, who had been working for the van company
for six months.
Harrington was also speeding. “He was telling Donnah that sometimes when he
drives, this God-like character would come to him and pull him out of his body
and he would be flying above the trees,” Winger remembers.
She and Bailey made it home, but
Donnah
was rattled. Mark Winger complained to Harrington’s boss.
Less than a week later, Winger says, he was on his treadmill in the basement
when he heard a thump. He says he went upstairs to investigate. Bailey, he says,
was alone on his bed. And there were strange sounds coming from the dining room.
“I just grabbed my gun and started going down the hall,” says Winger.
When he came down the hallway, he said
he saw his wife on the floor in the dining room. There was a stranger over her,
bludgeoning her with a hammer. Winger shot the man in the head.
When police officers got there, they found two people bleeding on the floor.
There was blood on the furniture, on the walls, even on the ceiling.
As paramedics went to work, Officer Dave Barringer took three quick pictures
with his Polaroid camera. It was the last three pictures in his camera.
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"I've been in crime scene work a long
time and there's been very few that I've had that was as severe and bloody as
this one was," says Det.
Charlie Cox, who got right to work and questioned Winger in the bedroom.
Winger told the detectives the hammer was his, left out by Donnah as a reminder
to hang a hat rack. He asked Cox a question: Who was the man he had shot? Cox
told him it was Roger Harrington.
“He says, ‘Oh my God, that’s the guy that’s been harassing my wife and me,’”
recalls Cox.
"I think I fell over on my side and just cried," says Winger, believing that he
would be taken in for killing another person.
But Winger couldn't have been more wrong. The police had all but cleared him. In
fact, they didn't consider him a killer, they considered him a victim.
"I said, 'You've killed the person who was killing your wife,'" says Cox, who
considered Winger a hero.
According to police reports, Winger said that Donnah was on her knees with
Harrington leaning over her, attacking her with a hammer. Harrington looked up
at him, and Winger shot him, because he was about to hit her again. He told
police that at that point, Harrington fell off of Donnah and rolled back.
Cox’s investigation of the crime scene backed up Winger’s story. What's more,
Harrington had been a psychiatric patient, with a history of delusions. Plus,
Cox already knew him -- he once broke up a fight between Harrington and his
wife.
Harrington died shortly after arriving
at the hospital. Donnah
died minutes later. She never regained consciousness.
Donnah’s mother and stepfather, Sarah Jane and Ira Drescher, were inconsolable
when they heard about the murder. They were shocked to hear that Donnah's ride
from the airport had escalated into murder.
Donnah's family rushed to their son-in-law’s side.
“We felt terrible for him. Look what he’s lost. He’s lost his wife also. And
then he had to turn around and shoot a man,” says Ira Drescher, Donnah's
stepfather.
A day after the crime, the prosecutor
announced that Mark had acted in self-defense, and that no charges would be
filed against him.
The case was closed.
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There was an outpouring of support for Mark in Springfield. Almost everyone
believed he was a good family man whose life had been shattered by a madman.
But Roger Harrington’s family wasn’t buying the story. Harrington’s sister,
Barbara Howell, pleaded with Det. Cox to no avail. Harrington's mother, Helen,
also felt the shame of a city that believed she had raised a psychotic killer.
The Harringtons grieved quietly, believing they were alone.
But they didn't realize that Detective
Doug Williamson was also not convinced of Harrington’s guilt.
“Roger Harrington was allowed into the house. There was no forced entry.
Somebody let him in," says Williamson. "Why would Donnah leave her baby alone on
her bed and open the door to Harrington, a man she supposedly feared?”
Also, Harrington's car was parked right
in front of the Winger home, with a piece of paper on the front seat: It had
Mark Wingers name, his address and 4:30 p.m. written on it.
“[Mark] says he doesn’t know Roger Harrington, has never met him, and does not
indicate an appointment, when I have already seen the note which indicates an
appointment,” says Williamson.
Cox saw no reason to doubt Winger’s story. But Williamson wanted to investigate
further. His bosses turned him down.
The case stayed closed, until a shocking revelation years later.
CBS) Everyone in Springfield, Ill., knew Mark Winger’s story. An intruder named
Roger Harrington bludgeoned his wife, Donnah, to death. Mark had interrupted the
attack and killed Harrington.
Winger's story was heroic and heartbreaking, but Det. Doug Williamson didn’t
believe it.
At first, Williamson couldn’t even persuade his own partner, Det. Charlie Cox,
that Winger was a killer.
But Cox says he became suspicious when Winger kept showing up at the police
station. Correspondent Richard Schlesinger reports on this unlikely turn.
--------------------------------------------------------------------------------
It started a few months after the murder when Winger came by to ask for his gun
back.
“I released the gun back to Mark and we sat and talked for about a half hour,”
Cox says. "He was wanting to know how the case was going. As far as I was
concerned, he should have just accepted it was closed.”
Winger denies it, but Cox remembers him
dropping by a second time, to say he was getting remarried to his daughter’s new
nanny, whom he had hired just five months after
Donnah
died.
“He kept coming in. I kept feeling like he was trying to find out if we were
checking into anything,” says Cox. “I went back to Doug and said, ‘Something’s
wrong here. Big time.’"
Cox was beginning to believe that his partner was right all along. And now, he
wanted the case reopened.
For three years, their bosses prevented
them from reopening the case. And during that time, Winger and his new wife,
Rebecca, adopted Bailey and had two other children.
Then DeAnn
Schultz, Donnah’s
best friend, came forward with new information.
For four years, Schultz had been keeping a secret that was making her sick.
What she was finally ready to say would change everything.
She told police she and Winger had been having an affair that began a month
before Donnah’s death and continued for several months after it. She also said
Winger wanted out of his marriage so badly he even had talked about killing
Donnah.
"He mentioned that it would be - easier if - if Donnah died," says Schultz.
She said that Winger suggested that she play a role in the murder, and that he
talked about the van driver, Roger Harrington.
Winger admits having the affair but calls Schultz’s other allegations “a
horrible, horrible lie.”
"I was a good husband to Donnah," says Winger. "I made a mistake, I'm human, it
was stupid and it was wrong."
--------------------------------------------------------------------------------
The case was finally reopened and
detectives, going through the files, found yet another surprise - three
Polaroids
taken by Officer Barringer
on the night of the murders, before
Donnah
Winger and Roger Harrington were moved to the hospital.
The photos showed the placement of the bodies, something that police say blew
Winger’s version of events out of the water.
"It was over," says Williamson. "Roger Harrington's head and feet were in the
opposite way of what Mark told us had happened."
The three snapshots, which the detectives didn’t see during the original
investigation, were now the centerpiece of the case.
How did that happen?
“Got overlooked,” says Cox. “And in a case that was closed as fast as this one
was, it was never thought of again. This thing was closed by the 10:30 news that
night, for all practical purposes.”
After making the painful admission that they had botched the investigation in
1995, police set out to prove who the real killer was.
Police believe Mark Winger began methodically plotting the double murder
immediately after Donnah's bizarre ride with Harrington on the way home from St.
Louis.
"He's the perfect guy to seize on, to make it look like an intruder had come in
and killed his wife," says Williamson.
In 2001, Winger was arrested and put in jail awaiting trial. And the detective
who once called Mark Winger a hero was now intent on proving him a cold-blooded
murderer - and vindicating Roger Harrington.
"I hurt the Harrington family a lot," says Cox. "They buried him as a murderer."
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For years, Sarah Jane and Ira Drescher, Donnah’s parents, had accepted the awful
fact that Donnah Winger was stalked and killed by a madman named Roger
Harrington.
Now, nearly seven years after Donnah's death, they've come to Winger's trial,
knowing that the evidence against him is strong - but still clinging to the hope
that something would exonerate him.
The prosecution team, led by John Schmidt, said Winger lied from the beginning,
even during his 911 call in which he denied knowing who Harrington was.
Ray Duffy, owner of the airport van company, testified that Winger called to
complain about Harrington’s behavior during the ride and afterwards and “wanted
to talk with the driver direct.” This was a crucial link for the prosecution.
Duffy said that was unusual: “Usually, when people have a complaint, they just
call the office,” he said. He also testified that Harrington was eager to work
things out and told Duffy to give Winger his phone number.
Police believe Winger planned for
everything but couldn’t anticipate that Harrington would have in his car a note
with Mark Winger’s name, his address, and 4:30 p.m. marked on it.
Williamson points out that Harrington also had in his car a tire iron fashioned
as a weapon. “If he was going to bludgeon someone, he had a weapon in his car,”
the detective says. “Yet he chose a weapon from inside the house that he would
have no idea was there?”
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Untangling the evidence in the seven-year-old case was a huge job for jurors,
three of whom sat down to talk to 48 Hours Mystery.
The defense told them that, unlike Winger, who was a successful and respected
member of the community, Harrington had a troubled, violent past.
The defense also pointed out that at the time of the murder in 1995, detectives
had the Polaroids, the note in the car -- in fact, they had all the same
evidence that they now found so incriminating against Winger.
Schultz, who was given immunity, provided the only new evidence - testimony that
Winger had talked about killing his wife. But she had attempted suicide four
times and had undergone electroshock therapy - so the defense called her
unreliable.
But the jurors, who heard nearly two weeks of testimony, knew what was at stake.
By now, Winger and his new wife had four children, including Bailey.
But Harrington's family wanted justice.
Next, did the murder happen the way Mark Winger said it did?
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After nearly two weeks of testimony, three families anxiously wait for jurors to
decide Mark Winger's fate.
Did he kill Roger Harrington in self defense, as he has said for seven years, or
was Harrington an unlucky pawn in Winger's plot to murder his wife, Donnah?
Donnah's mother and stepfather are now convinced that Winger is a murderer.
However, Winger's mother, Sallie, and his family are still convinced that he is
innocent. "What reason would he have for hurting Donnah?" says Sallie Winger.
After deliberating for 13 hours, the jury reaches its verdict. Winger's parents,
who had spent a small fortune defending their son, were stunned by the verdict.
Mark Winger was guilty.
Ultimately, the jurors say the case against Winger was clear. They were
convinced that Harrington did not just show up at the Winger's house with murder
on his mind.
“If you’re going to go over to kill somebody,” says Karen, a juror, “you don’t
bring a pack of cigarettes and something to drink. And just hope that the murder
weapons going to be there.”
And while the defense tried to play up Schultz's past psychological problems,
the jurors thought her troubles made her more credible. "I think she was
sincerely telling us the truth," says Karen, another juror.
But jurors say the state’s best evidence was the first evidence police ever
collected – the three Polaroids.
Mark Winger, who never took the stand at
his trial, was sentenced to life in prison. He now says the paramedics
had moved the bodies before the Polaroids were taken, something the paramedics
had denied at the trial.
Yet Winger still can’t explain the note: “I can’t offer you any answers to why
Roger Harrington had 4:30 written on a note.”
When Winger was convicted, another man - Roger Harrington – was exonerated, and
this has given his family a measure of comfort.
But knowing the truth is little comfort for Donnah’s parents, Sarah Jane and Ira
Drescher. They are left with only their memories of a happy daughter and happier
times that ended violently.
"I have no idea why he did it," says Donnah's mother, Sarah Jane. "I will never
understand why he did it. And I think it's a question that will never be
answered in my mind."
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Since 48 Hours last reported this story,
an Illinois court rejected Mark Winger's appeal of his murder conviction. He's
serving his life sentence at the state penitentiary in Pontiac, Ill.
Mark and Donnah's daughter, Bailey, now 9, is being raised by Mark's second
wife, Rebecca, who has now filed for divorce.
Part I: Invitation To A Murder
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