Testimony covers early suspicions, later scrutiny

NORWALK — Two days of testimony from a former lead detective underscored both the early direction of the investigation into the death of Regina Hicks and the gaps that defense attorneys now argue were never fully addressed, as the murder trial of Paul Hicks continued this week. Paul Hicks is on trial for the Oct. 18, 2001, disappearance of 23-year-old Regina Hicks, his estranged spouse who was later found dead in her vehicle, found submerged in a Willard-area pond. Hicks faces three counts of murder and one count of kidnapping. Dane Howard, who served as a detective with the Huron County Sheriff's Office at the time of Regina Hicks' death and later became sheriff, testified at length over two days, first on direct examination outlining the state's theory of the case, and then under cross-examination as defense attorneys pressed him on forensic shortcomings, investigative decisions and missed opportunities. Direct examination outlines early suspicions and timeline On direct examination Monday, Howard walked jurors through the early stages of the investigation, beginning weeks before Regina's death. Howard testified that on Sept. 6, 2001, he received a call from Paul Hicks' friend, Steve Gates, alleging drug activity involving Regina Hicks. A subsequent traffic stop uncovered suspected marijuana in the trunk and pills in the glove box. Regina, Howard testified, was "adamant Paul set her up." She was not charged because the drugs appeared old and deteriorated, according to Howard. Howard testified that he responded on Oct. 22, 2001, when Regina Hicks' vehicle was reported submerged in a pond. At the scene, Regina's uncle, Jimmy Patrick, told Howard the death appeared suspicious and that the car had been seen near where Hicks had been earlier that day. Howard described search warrants executed at properties associated with people involved in the case and testified investigators recovered Regina's cell phone and answering machine. Jurors heard voicemail messages left by Mike Perkins expressing concern, including one message in which Perkins said he had been looking for Regina and was worried about her. Howard also reviewed phone records, receipts and crime-scene photographs, testifying there had been a prior arrangement for Regina to take her child to her mother's home the night she disappeared. He introduced a Burger King receipt from the day Regina died and reviewed photographs showing Regina positioned in the front passenger seat of the Camaro when her body was recovered. Howard testified that investigators eliminated other potential suspects, including Perkins, based on phone records, known movements and lack of motive, and concluded Regina was not suicidal. Cross-examination probes what investigators did not do That narrative was tested Tuesday during cross-examination, as defense attorney Anthony Rich methodically questioned Howard about evidence that was never developed and avenues that were never pursued. Howard acknowledged that no DNA evidence links Hicks to the case, that no hair samples matched Hicks and that soil testing did not implicate him. He also testified that a letter blaming Mike Perkins was never tested to determine its author. Howard further acknowledged that investigators were provided with the names of multiple men Regina was alleged to have been involved with, but that none were investigated as suspects, none were interviewed as part of the homicide investigation, and none were asked to provide DNA samples. When pressed, Howard agreed that those individuals were never ruled out through forensic testing. Defense questioning also focused on Steve Gates, whom Howard acknowledged lied during his first two interviews with investigators. Gates later wore a recording device in an attempt to record Hicks. Howard conceded investigators may have been "duped" by Gates and testified he never compared Gates' cooperation statements with his earlier accounts. He also could not rule out Gates lying again. Howard further acknowledged that no accident reconstruction or reenactment was ever conducted, no vehicle data was analyzed, no footprints were found near the pond, and no weapon was ever recovered. He agreed investigators could not rule out negligence, recklessness or Hicks' innocence. At one point during testimony, Howard referred to Regina as having been "murdered," prompting an objection from the defense that such a determination rests with the jury. After a lengthy sidebar discussion, testimony resumed. Focus narrowed before all avenues exhausted On re-direct examination, prosecutors emphasized Howard's testimony that investigators narrowed their focus to Hicks because they believed they were developing a strong case against him. On cross-examination, however, Howard acknowledged that key investigative decisions were made before several forensic and comparative avenues were exhausted, and that some lines of inquiry were never pursued. Steve Gates, who signed a proffer agreement with the state, which promises immunity if the truth is told and bars them from prosecution, is expected to testify on Wednesday or Thursday. Testimony is scheduled to continue Wednesday morning.