Attorneys for a man facing a possible death sentence following a home invasion and fatal fire in the Lake Gaston area three years ago argued Thursday that he should be released on bond because evidence suggests another man was responsible for the crime.
Lester Kearney, 36, is charged with murder in the March 9, 2018, death of Nancy Alford. She was killed in a fire at her home, following a home invasion in which her husband was beaten and tied up and she was driven to Roanoke Rapids and forced to cash a check at a credit union.
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Rev. John Alford identified Kearney as the knife-wielding man who broke into his home on Mulberry Court in Littleton, attacked him and kidnapped his wife. He said he later found a fast-moving fire in the house and heard his wife screaming, but he couldn't reach her because of the flames and smoke.
Firefighters found Nancy Alford's body in the rubble of the burned-out house.
Kevin Munn, 32, pleaded guilty a month after the crime to first-degree murder in the case to avoid a possible death sentence and agreed to testify against Kearney.
Munn later tried to withdraw his plea, saying he was pressured into it, but a judge refused to allow it. He has since reneged on the deal and now refuses to testify at Kearney's trial.
Kearney's attorneys said during a court hearing Thursday that there's ample evidence that Kearney was using his cellphone at his girlfriend's home 10 miles away when the Alfords were attacked. They argued that Munn, a contractor who had done work at the Alford home previously, pointed the finger at Kearney only to escape a possible death sentence and that John Alford's identification of Kearney was flawed because prosecutors had already released his name and photo to the media.
"Kevin Munn has never told the same story twice, and that’s because he’s not telling the truth," defense attorney Robert Singagliese said. "That’s not what happened. Kevin Munn is lying. Munn needs to lie because all the evidence leads to him.”
The defense played a tape of a phone call last year between Munn in prison and Kearney’s girlfriend in which Munn said he regretted accusing Kearney. Munn told her investigators brought up Kearney's name and that he basically caved under the pressure to finger him.
"Another man going away for life for some [stuff] that you know he had nothing to do with," Munn said.
Kearney has been held in Central Prison since shortly after his arrest. Prison officials said that he threatened to kill Munn's family two years ago if he didn't recant his statement that Kearney was involved.
Officials said Thursday that Kearney has since written two other letters to Munn, but neither contained a threat. In one letter read in court, Kearney pleaded with Munn to tell the truth.
"Why not tell on whoever was really with you? They’re out there enjoying their life," the letter said.
Despite the arguments, Superior Court Judge Henry Hight denied bond for Kearney.
Kearney's capital trial is set for next February, but defense attorneys said Thursday that they may seek to have it moved out of Warren County because of pre-trial publicity.