Medical examiner testifies in murder trial

PALMER — After brief argument by attorneys Tuesday, jurors hefted the weapon used to kill Shannan Wolverton, heard medical testimony about the extent of her injuries, and viewed photos of her autopsy.

The gun in question — a single-action long-barrel .44-caliber Ruger Super Blackhawk revolver — drew comparisons to another famous big handgun in pre-court oral arguments.

“Let’s not mention ‘Dirty Harry’ (to jurors),” White said, at the conclusion of oral argument, which was not heard by jurors.

Attorneys in the murder trial of Michael Wolverton, 70, argued whether showing the gun, a blood-soaked Wasilla Warriors hooded sweatshirt, and some autopsy photos would unfairly prejudice the jury in the case. Michael Wolverton told Alaska State Troopers he killed his daughter, 47-year-old Shannan Wolverton, in self-defense after a heated alcohol-fueled argument became violent in 2014. Prosecutors have argued Michael Wolverton did not shoot his daughter out of fear for his safety. Instead, they claim he shot her after heavy alcohol consumption and after a number of long-running confrontations boiled into violence. The two lived together at a residence along Mariah Drive in the Fishhook community in October 2014.

Presiding judge Vanessa White viewed the sweatshirt before issuing a ruling.

“It’s gonna leave a mark on the jury’s mind, no doubt about it,” she said. “The question is does that probative value overcome the prejudicial effect?”

Ultimately, White allowed the shirt, gun, and some photos (two autopsy photos were excluded because of the amount of visible blood) showing the extent of Shannan Wolverton’s injuries to be considered by the jury because of their value as evidence.

“If this were a case where someone had been bludgeoned with a hatchet, the state would be allowed to show the hatchet,” she said.

Assistant District Attorney John Cagle briefly argued that photos of the sweatshirt didn’t convey Shannan Wolverton’s diminutive 5’1” stature to the jury because they lacked scale. Showing the gun and allowing jurors to feel its weight could disprove Michael Wolverton’s claims that his fear of his daughter was caused by his age, Cagle said.

Office of Public Advocacy Attorney Lyle Stohler said he wasn’t opposed to allowing jurors feel the gun, in part because numerous recent cases involving accidental shootings caused by young children.

“If the TV news has taught us anything, it’s that it doesn’t take much to pull a trigger,” he said.

State Medical Examiner’s Office pathologist Cristin Rolf testified that the gunshot entered Shannan Wolverton’s left eye and caused her skull to fracture in several places. The bullet’s line of travel could only determine the position of the gun relative to the body (the bullet travelled up and to the right as it passed through Shannan Wolverton’s body), and not whether Shannan Wolverton was sitting or standing when the shot was fired, Rolf said. Shannon Wolverton’s blood test results indicated she had a blood alcohol content level of .207 grams per 100 milliliters at the time of her death.

The injuries to Shannan Wolverton’s skull were severe, and would have incapacitated her immediately, Rolf said.

During cross-examination by Stohler, Rolf said the gunshot likely happened at close range, though the gun likely wasn’t touching the skin when it was fired. Gunshot residue was visible in the autopsy photos, but no significant amount of residue was discovered on Shannan Wolverton’s hands or on the sweatshirt, Rolf said. Rolf also said the alcohol level alone isn’t indicative of how it will affect a person’s behavior.

“You don’t know that means she’s a happy drunk, an angry drunk, you can’t tell us that?” Stohler said.

“All I have is a person who’s already deceased or dead,” Rolf answered. “We have the alcohol that’s there, but it’d be more of a scene and person who knew her that could tell us that.”

The trial was scheduled to continue through at least Friday, according to the published court calendar.

Contact reporter Brian O’Connor at 352-2270, brian.oconnor@frontiersman.com, or on Twitter @reporterbriano.