Victim’s final hours described

A freshly empaneled Spokane jury heard starkly different versions of the final hours of life of a woman who bar-hopped with friends and a new acquaintance Feb. 27, 2004, and whose nearly nude body was found the next day among boulders at Long Lake.

The new acquaintance was James C. Metcalf, 38, whose trial for second-degree murder in the death of 40-year-old Denise Marie McCormick got under way this week in Spokane County Superior Court.

In opening arguments Tuesday, Spokane County Chief Criminal Deputy Prosecutor Jack Driscoll said Metcalf brought McCormick to his apartment after the bars closed. McCormick’s blood alcohol level was 0.24 – three times the legal limit – Driscoll said.

The Spokane County medical examiner concluded McCormick died of strangulation and blunt force trauma to her head.

Metcalf “had sex with her against her will – and he beat and strangled her,” Driscoll said. “She was left in Long Lake, his DNA inside her. … The only thing found on her was the shirt on her back,” the prosecutor added.

Police investigators later found her key fob – inscribed with the phrase, “what part of no don’t you understand?” – in Metcalf’s pocket, Driscoll added.

Tracy S. Collins, Metcalf’s attorney, objected repeatedly to Driscoll’s opening statement. He made reference to radio commentator Paul Harvey and his famous line, “here’s the rest of the story,” as he addressed the jury.

“That night, everybody was intoxicated,” Collins said.

McCormick injured her head when she banged it inside Metcalf’s van as he drove “crazily” while transporting her and her friends from bar to bar in Spokane, Collins said.

Although they hadn’t known each other before, Collins said Metcalf and McCormick became increasingly friendly during the bar tour and eventually went back to his place. When they had sex that night, McCormick moved Metcalf’s hands from her hips to her throat, Collins said.

“He takes that as a direction – she wants him to apply some pressure,” Collins added.

When McCormick lost consciousness and Metcalf realized she was dead, he panicked, carried her to his van, drove toward Long Lake and rolled her body off a rock outcropping, Collins said.

Metcalf was dishonest with law enforcement investigators when they questioned him about what happened to McCormick, but he didn’t intend to kill her, the defense attorney added.

“Please keep an open mind,” Collins asked the jury.

On Monday, the prosecutor rearraigned Metcalf, dropping a “deliberate cruelty” prong from the second-degree murder charge to which Metcalf pleaded not guilty.

A portion of the jury questioning was held behind closed doors. Jurors were questioned individually about whether they’d had any personal experience with sexual abuse or had any close friends or relatives who’d suffered such abuse.

Being compelled to answer those questions in public “would be extremely upsetting,” said Superior Court Judge Kathleen M. O’Connor.

Jurors who weren’t excused after answering the questions on their experiences with sexual abuse were added to the larger jury pool, and the rest of voir dire took place in open court.

Metcalf’s trial resumes today.