The Latest: Day 3 of the trial for a Virginia Tech student accused of killing a pre-teen

Defendant David Eisenhauer enters Montgomery County Circuit Court in Christiansburg, Va., Wednesday, Feb. 7 2018. Eisenhauer is accused of killing 13-year-old Nicole Madison Lovell on Jan. 27, 2016. (Matt Gentry/The Roanoke Times via AP, Pool)

5:30 p.m.

Jurors watched video of the interview on Jan. 27, 2016, the day prosecutors say that’s Nicole disappeared after climbing out her window to meet up with Eisenhauer.

Eisenhauer asked ashed a sheriff’s deputy if he believes there’s enough evidence to convict him.

"I want to help. There's the life of a child at risk. I want, like, I want to be useful, but I also don't want this to get to the point where I have to call my parents to post bail," Eisenhauer said in the interview.

4:30 p.m.

Wednesday testimony came from all law enforcement. There were some from Blacksburg Police Department, one from the Montgomery County Sheriff's Office and a few from the FBI and Virginia State Police.

All testified as to their role in the investigation.

After lunch, Blacksburg Police Forensic Detective testified as to his search of David Eisenhauer's vehicle, a 2006 Lexus sedan.

Czernicki said he found Clorox brand bleach wipes in the backseat, along with what appeared to be blood stains on the back seat and back of front seat. He says they also saw the shovel which appeared to have blood stains on it. Both those items were tested and confirmed to be blood.

Assistant Commonwealth's Attorney Patrick Jensen introduced the shovel into evidence, and had Czernicki open the bag holding it in front of the jury.

Detectives also searched the trunk, where they found paper towels and Clorox containers in the trunk. They also found clothing, but it was what they found on the perimeter of the car that really caught their eye. Czernicki testified that the stain seen there tested positive for being blood. That is also true for a spot that he saw on the passenger rear tire of Eisenhauer's car.

12:45 p.m.

Just before the lunch break, a surprise in David Eisenhauer's trial.

Both of Natalie Keepers' attorneys, John Robertson and Kris Olin, came into the courtroom to be heard on a motion to keep Keepers from being called as a witness.

According to the motion filed in Circuit Court, Robertson argued that any testimony Keepers might give could incriminate her for her trial, which is scheduled for September.

The motion goes on to say that if Keepers is called as a witness, she will invoke her 5th Amendment rights, to avoid self-incrimination.

Judge Robert Turk announced that he would take that motion under advisement and make a decision on it when and if Keepers is called as a witness.

9:20 a.m.

FBI Special Agent Travis Witt is on the stand, although currently he is not saying much.

The Prosecution is showing video of David Eisenhauer's first interactions with law enforcement.

Before proceedings started, David Eisenhauer gave permission for court to end early if need be tonight. His attorney, John Lichtenstein, must leave by 5 P.M. to attend his son's basketball game.

8 a.m.

Gil Harrington, the mother of Morgan Harrington, is in court for day 2 of the trial for David Eisenhauer.

Eisenhauer, a former Virginia Tech student, is accused of kidnapping and killing 13-year-old Nicole Lovell in January of 2016. At the time, Eisenhauer was a freshman at Virginia Tech.

Harrington says she is here to show solidarity for Nicole Lovell's family. Harrington's daughter Morgan, was killed by Jesse Matthew in 2009. Morgan Harrington was in Charlottesville for a Metallica concert when she came into contact with Matthew.

Matthew also killed Hannah Graham in 2014.


CHRISTIANSBURG, Va. (WSET) -- At the opening of David Eisenhauer’s murder trial on Tuesday, February 6, his attorney, John Lichtenstein, tried to shift the jury’s focus to his friend and alleged accomplice, Natalie Keepers, who will go on trial later this year.

Eisenhauer is accused of making a “secret date” with Nicole Lovell in 2016 after meeting the teen through Kik, an instant messaging app.

On Jan. 27, 2016, Eisenhauer stabbed Nicole 14 times and cut her throat because he was worried his relationship with the underage girl would be exposed, prosecutors said.

Commonwealth’s Attorney Mary Pettitt said the two had been communicating through social media for months and had met at least once.

“He has a problem and his problem is Nicole Lovell,” she said. “He’s decided that this relationship with an underage girl is a problem.”

Pettitt said Eisenhauer had been researching ways to kill someone for weeks before Lovell disappeared, using computer searches that included: “How long does it take to burn a body?” and “What is used to ID a body?”

Several days before Lovell was killed, Eisenhauer had talked with Keepers about switching out Nicole’s medication with cyanide capsules, Pettitt said.

But Eisenhauer’s attorney sought to blame Keepers, who has been charged as an accessory and is scheduled to go on trial in September. Keepers told police she helped plan the girl’s death and helped clean up her body afterward, but insisted she was not present during the killing.

Lichtenstein told the jury that, gradually, over the course of 20 hours of police questioning, Keepers admitted she helped plan the killing, helped clean Nicole’s body and helped dump her body just over the state line in North Carolina. He said the one thing she could not admit was that “she was at the scene of this murder.”

Jurors were also shown a video of an FBI interrogation in which Eisenhauer acknowledges seeing Nicole the night she disappeared.

The 55-minute video is the first part of an interrogation by an FBI agent who questioned Eisenhauer three days after she disappeared, but before her body was found.

Eisenhauer tells the agent he had been communicating with Lovell through social media, but that she told him she was 16 or 17. He said he agreed to meet her at her apartment building, but quickly left after he saw how young she was and she asked him if they could run away.

He said: “I wanted nothing to do with that.”

For a full recap of the first day of trial, click here.

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