On December 19, 2007 a friend discovered the body of 38-year-old Jocelyn Earnest just inside the front door of her house in Pine Bluff, Virginia. The victim had been shot in the back of the head. Next to her body lay a .357 magnum revolver and a typewritten suicide note that in part read:
To Mom
I'm sorry for what I've done. Please forgive me. Wes [the victim's estranged husband] has put us in such a financial bind--can't recover. My new love will not leave the family.
Love,
Jocelyn
The heat inside Earnest's house had been jacked up to 90 degrees and there were no signs of forced entry. The dead woman's dog, a black Lab, was locked in a crate without food or water in a back bedroom.
Investigators immediately suspected that Jocelyn Earnest was murdered and the scene had been staged to look like a suicide. Detectives knew that people who kill themselves and leave notes rarely type them. In searching Jocelyn's two home computers investigators did not find drafts of this document. And the word choice and syntax of the note were inconsistent with the writing style found in the victim's handwritten journals. The police suspected that the furnace had been turned up to alter the body's decomposition rate to throw off the biological time of death determination. Apparently the killer wanted the police to believe Jocelyn had been killed earlier in the day, perhaps to support an alibi.
Suspicion immediately fell on the victim's estranged husband Wesley Earnest who moved out of the house a year earlier. As an assistant high school principal he lived and worked 200 miles away in Chesapeake, Virginia. Jocelyn had been employed as a financial services manager in Lynchburg, Virginia. Although together they had been earning $200,000 a year they were deeply in debt. Wesley, over Jocelyn's objection, built a three million dollar, seven thousand square foot mansion on nearby lake property. The $6,000 a month mortgage on this second home they couldn't sell because it was financially under water put them $1 million in debt. On top of this Wesley Earnest found himself faced with the disastrous financial consequences of divorce.
Wesley Earnest claimed he hadn't been to the Pine Bluff house for at least a year. After he moved out Jocelyn changed the locks. Investigators, however, could connect him to the crime scene in two ways: he purchased the .357 magnum and two of his latent fingerprints were on the typewritten note next to the body. Two days before his estranged wife's death the suspect borrowed a pickup truck from a friend. When he returned the vehicle two weeks later it had new tires. Detectives believed Wesley changed out the tires to avoid a crime scene tire track match-up.
Investigators also read the victim's journal, handwritten in seventeen notebooks. Several of the entries, however, written from Jocelyn's point of view were in Wesley Earnest's hand. These forged additions portrayed the suspect in a favorable light. However, in one of the notebooks the victim had written: "If I die, Wesley killed me and he probably shot me."
Wesley admitted to detectives that he had girlfriends but claimed that his wife knew about these affairs and approved of them. At his place of employment in Chesapeake, however, he told co-workers he was single.
In May 2009 the $3 million house on the lake burned to the ground. Cause and origin fire investigators ruled the cause "undetermined." Because the place was heavily insured the fire accrued to Wesley's financial benefit.
Wesley Earnest went on trial in March 2010 for the murder of his wife. His attorney, in an effort to uncouple the defendant from the typewritten crime scene note, contested the forensic reliability of latent fingerprint identification. (Perhaps the defendant would have better been served by offering an innocent explanation for the presence of his prints.) The defense attorney also put his client on the stand to testify on his own behalf. The defendant told the jurors that he purchased the .357 revolver as a gift for his wife so she could protect herself. He portrayed Jocelyn as having been distraught over their financial problems. He also said she was having trouble with the woman who was her new lover.
The jury, a few days after listening to the defendant, after deliberating less than four hours, found him guilty of murdering his wife.
A month following the conviction, before Mr. Earnest was sentenced, a posting on a newspaper web site revealed that the jurors had read Jocelyn's journal. The trial judge did not want the jury to see this evidence. The notebooks were inadvertently placed into a box that found its way into the jury room. In July 2010 the judge declared a mistrial.
In November 2010, in Amherst, Virginia, Wesley Earnest went on trial again for the murder of his wife. His attorney, once again, put him on the stand to claim his innocence. On cross-examination the prosecutor got him to admit that in 2006 he forged entries into his wife's journal. When asked how he got into the Pine Bluff house he had been locked out of, he said he climbed through an unlocked window. In so doing the defendant revealed to the jury how he may have entered the house to murder his wife. The second jury found the defendant guilty of first-degree murder. He was subsequently sentenced to life in prison.
In December 2012 a three-judge panel of the Virginia Court of Appeals upheld the murder conviction and life sentence for Wesley Earnest.
No one saw Wesley Earnest enter the Pine Bluff house and shoot his wife. No one claimed he confided to them he committed the crime. And he never confessed to the police. All the prosecutor had was what looked like a staged suicide, a motive and a pair of latent prints on a suspect suicide note. But, with these two juries the prosecution had enough evidence to convict.