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Prosecutors Play Onstott Recording For Court

Tribune photo by JIM REED

Defendant David Lee Onstott listens to recorded evidence during his trial Monday.

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By THOMAS W. KRAUSE and RAY REYES

The Tampa Tribune

Published: August 19, 2008

TAMPA - Prosecutors and defense attorneys called the final witnesses to the stand Monday, and when court resumes Wednesday, the jury is expected to decide the fate of David Lee Onstott.

Onstott, 40, is charged with murder in the slaying of 13-year-old Sarah Michelle Lunde, whose body was found more than three years ago submerged in an abandoned pond near her Ruskin home. He also faces a charge of attempted sexual battery.

During the trial Monday, prosecutors played for the jury a recorded conservation between Onstott and his mother, Refugia Whitten, that was taped by Hillsborough County Sheriff's Office detectives when Onstott was arrested in 2005.

Mother and son can be heard on the tape sobbing between words. Whitten tells him not to say he is guilty of something just because others are telling him he is a bad person.

"I'm tired, Mom," Onstott said.

Whitten responds: "Tired is not a reason to say you're guilty. Tell the truth . . . I love you. I know you're a good kid."

As the recording played in the courtroom, Onstott jotted notes on a yellow legal pad. There was a pained expression on his face.

During opening statements, prosecutors said Onstott leans close to his mother during the recorded conversation and said, "I killed her." Defense attorneys have said the tape is too muffled to make out what Onstott said.

No Premeditation, Defense Argues

Assistant Public Defender John Skye argued that there is nothing in witness testimonies - including one from former jail Deputy Brian Herndon, who said Onstott told him how he grabbed Sarah and choked her - that "even comes close" to premeditation.

Herndon testified the evidence showed Sarah was killed after a struggle. A medical examiner testified Sarah's skull was crushed, but court records show investigators had little physical evidence linking Onstott to the crime.

Retired sheriff's Detective John Myers, the defense's first witness Monday, testified that he interviewed the owner of the property where Sarah's body was found. The man told Myers that he gave permission to Onstott's father to dump construction debris on the property but did not know whether Onstott had ever done so.

Previously, the owner testified he had seen Onstott dumping on the property and that Onstott was one of the few people who knew about the ponds. Test results that attempted to match dirt from the crime scene to samples found on Onstott's shoes were inconclusive, according to the testimony last week of an FBI geologist.

Teens' Inconsistencies Cited

The defense continued to cast doubt on Onstott's guilt by pointing out the inconsistent testimonies of Sarah's brother, Andrew, and his friend, Darryl Daoust. Sarah had just returned from a church trip and the teen boys were the last two who saw Sarah alive on April 9, 2005.

The teens' story about where they were and what they were doing the night Sarah disappeared changed in sworn statements and interviews with detectives, Skye said.

When the teens returned from getting food, Sarah was gone, according to their testimonies. Witnesses testified Onstott had come to the Lunde home that night to see Sarah's mother, Kelly May. Onstott and May had a sexual relationship.

Defense attorneys also portrayed Sarah as a habitual runaway, who often sneaked out of her house.

The trial continues at 8:30 a.m. Wednesday. If convicted, Onstott faces a maximum of life in prison. Prosecutors are not seeking the death penalty.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com. Reporter Ray Reyes can be reached at (813) 259-7920 or rreyes@tampatrib.com.

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