From the Capital-Gazette:
Nicole Burgess lived in a single-family home in Davidsonville she inherited from
her parents and ran a successful linens business.
But it was her second business selling about
$240,000 a month in marijuana that prosecutors said led to her death in 2013.
"She was leading a double life,"
assistant state's attorney Jason Miller said.
Terrence Proctor, 37, of Hyattsville is
facing a charge of first-degree murder for her death as prosecutors argue
Proctor stabbed Burgess and a pit bull mix insider her home on the 3300 block
of Royale Glen Court on March 22, 2013.
Monday marked the first day of the bench
trial as Proctor pleaded not guilty while waiving his right to a jury trial.
Opening arguments painted two stories of how
Proctor ended up charged with Burgess' murder.
Miller said Proctor said it was Burgess'
forays into the drug world that led to her death. Burgess received a package of
about seven pounds of marijuana from the west coast, part of a pattern where
she shipped "about 30 pounds of weed every two weeks" and selling about
$240,000 of marijuana each month, she said.
"With that much money, with that much
product in an illicit business, it's dangerous," he said.
Proctor, who prosecutors said met Burgess
through a mutual friend, had arranged to meet her at her home that morning,
briefly exchanging text messages around 8:15 a.m.
Miller said cell phone records indicate
Proctor then either shut off
his phone or put it on airplane mode at 8:36 a.m., not
turning it back on until 11:22 a.m.
He said Proctor drive to Burgess' home,
stabbed her 28 times, killed her and the dog, and stole the seven pounds of
marijuana. Miller said two pieces of evidence signaled Proctor's link to the
scene.
The first was a piece of DNA evidence found
on a sliding door that investigators said was Proctor's. Proctor's attorney,
William Cooke, countered there was no way to date when the DNA was left at the
home.
Miller said the second piece of evidence was
a text message sent from Proctor to Burgess following her death.
Miller said Proctor stole Burgess' iPhone
from her home following the murder, but not two "burner" phones, or
inexpensive phones with pre-paid plans and no contracts.
After Proctor realized he didn't have the
phone he'd been talking to Burgess on, Miller said he "texted Nicole a
fake alibi" about another meeting.
"This was a crime of opportunity,"
Miller said, adding Proctor was "taking advantage of Nicole's success in
the marijuana trade."
Cooke
pointed to how long it took police to arrest Proctor, showing slides of empty
calendar months to illustrate how it took over a year before he was formally
indicted.
"They
say you can indict a ham sandwich, and I certainly believe that this is the case,"
Cooke said.
He
also argued outside of the DNA, there's a lack of evidence to put Proctor at
the scene.
He
said there are no surveillance cameras from nearby businesses that showed
footage of Cooke in the area or driving away.
In
addition, Cooke said pieces of the prosecution's case contradict their
narrative of Proctor killing and robbing Burgess.
Cooke
said shoe prints lifted from the scene did not match Proctor's and there was
money left at the home.
"There
was zero evidence that (Proctor) was there that day," he said. "They
don't know where he was the day of the murder."
The trial will continue
Tuesday with witness testimony
