By MIKE CORN

mcorn@dailynews.net

WaKEENEY -- The first-degree murder trial of David A. Stevenson started late this morning after briefly going behind closed doors to determine if his mother is capable of testifying on her son's behalf.

After meeting for about 10 minutes in chambers, court personnel returned to the courtroom. That's when District Judge Ed Bouker announced he would be closing the hearing to the public.

Assistant Attorney General Steven Karrer, the lead prosecutor, and defense attorney Paul Oller quickly agreed and said Bouker was justified in closing the hearing.

The Hays Daily News protested the closure. Bouker said he would close the hearing because it dealt with the privacy of an individual -- in this case Bonny Stevenson, who suffers from Alzheimer's and now is living in a nursing home.

The closed hearing lasted for about 30 minutes, with no announcement of what had taken place. Bonny Stevenson, however, remained in the judge's chambers.

As the trial was expected to resume, Bouker called in the jury and announced that court would be starting late this morning, as they were waiting for an expert witness who likely wouldn't show up until about 11 a.m.

He also said there was another lay witness yet to testify, but that person would be on the stand for only five to 10 minutes.

Even though Bonny Stevenson did not testify, she remained in chambers as Bouker announced the delay.

After the jury left, she was brought into the main courtroom to meet several family members and friends who have been attending throughout the course of the trial.

Her son, David A. Stevenson, is charged with first-degree murder in connection with the March 13, 2008, death of his father, Walter A. Stevenson.

The 85-year-old Stevenson died after he became wedged beneath the bed of a grain truck in a shop on his western Gove County farm. While the truck was the immediate cause of death, he also had been struck several times in the back of the head, injuries District Coroner Lyle Noordhoek said would have been fatal.

That's why Noordhoek ruled the death a homicide rather than a farm accident, as defense attorney Paul Oller has been steadfastly arguing before a 14-person jury for the last eight days.

On Wednesday, prosecutors rested their case shortly after noon, with the defense calling a series of character witnesses during the afternoon.

The state's last witness, however, provided perhaps the most damaging testimony in the case, testimony that came after Oller raised his first objection in the case.

Prosecutor Steven Karrer wanted to ask KBI agent Corey Latham if the death appeared to be an accident or homicide based on blood patterns found in several locations in the 100-by-50-foot outbuilding.

Oller objected to the idea that Latham might suggest the incident was a homicide.

Bouker ushered the jury out of the room so he and the attorneys could discuss the question.

"If he wants to state an opinion as to whether this was an accident, I have no objection," Oller said after discussing the issue with Bouker and Karrer outside the presence of the jury.

Bouker in fact suggested Karrer simply ask if the scene was consistent or inconsistent with an accident.

Once the jury returned to the courtroom, that's exactly what Karrer asked.

"Was the scene consistent or inconsistent with an accident?"

"Not consistent," Latham answered.

The KBI agent made the observation after testifying for nearly an hour about a series of blood stains in the Stevenson shop.

Those stains, in addition to the massive amounts of blood found under the grain truck where Stevenson died, were scattered throughout the building.

Blood stains were located about 22 feet away from the truck, a spot where oil had been spilled. Leaning against a pickup truck was a broom, he testified, that had been used in an attempt to sweep up the blood.

Blood under the oil was consistent with Walter Stevenson's DNA.

"What that tells me is that some point after he was injured, Walter was down on the ground," Latham said.

Another set of blood stains had been found near the main door, stains that had been covered by dirt -- dirt that had been scuffed up, he said.

Latham also told of blood on a walk-in door, including some that had been oversprayed with paint.

Although Latham told of the distance of blood stains from Walter Stevenson's body, Oller wanted to know if there had been any blood between the areas.

"Anything consistent with a body being dragged?" Oller asked.

"No, there wasn't," the KBI agent said.