A Sandys Parish man jointly accused of the murder of a widow broke down in front of officers as he took part in a reconstruction of the crime, a court heard.

The Supreme Court heard from two Policemen who witnessed Michael Dean Eberly crying as he took part in the filming of the reconstruction at the victim's home and during interviews.

Det. Con. Terry Maxwell was giving evidence during the trial of Eberly and co-accused Michael Brian Pitcher. Both men deny the murder of 69-year-old Beatrice Simons.

Det. Con. Maxwell said: "He broke down and wept on numerous occasions throughout the entire reconstruction, especially when we arrived at the entrance of the house, and inside.'' And after Eberly gave himself up to Police, saying he "had to get it off his chest'', in the days following the December 1997 murder, he again sobbed during questioning.

"He broke down during interview,'' Det. Con. Maxwell recalled. "He cried and sobbed uncontrollably as his statement was taken. Afterward he was relieved.

He was still upset, but he was a completely different person from the initial part of the interview.'' Eberly, 35, and Pitcher, 32, both of Victoria Row deny murder, but admit burglary.

Ms Simons died five days after she sustained a vicious beating in her Victoria Row home on December 2, 1997.

Det. Con. Paul Hitchens, under examination from Crown counsel Peter Eccles, said Eberly gave a statement in which he blamed Pitcher for the attack on the widow.

After spending the evening in his room, where they drank vodka and smoked crack cocaine, he said Pitcher suggested raiding Ms Simons' home to get some more money.

They broke open the window and went inside. Eberly claimed Pitcher then went upstairs and shortly after he heard a woman screaming.

On entering the room, he told officers he saw two people struggling, grabbed Pitcher and said "let's go''.

As they arrived back at Eberly's home, he said he saw blood on Pitcher's clothes, but nothing was said.

His statement read: "I was too scared to talk. When I saw blood on his hands he said something about being strong.'' And Eberly told officers: "I didn't want it to happen. I thought I was just going to break in.'' Det. Con. Hitchens said Eberly cried during the interview.

"After it was finished, he was again quiet...he appeared to be happy to get it off his chest, relieved,'' the detective noted.

Saul Froomkin, defending Pitcher, said Eberly only started to talk after he knew his footprints had been found inside the victim's home and when he was aware that officers believed he was responsible for the crime.

"It is only after he was told that his footprints were found and that you (Det. Con. Maxwell) believed he was responsible for the murder, that he made a statement,'' Mr. Froomkin said.

The officer agreed that he had made Eberly aware of his belief.

Mr. Froomkin accused Police of not knowing who was doing what during the investigation after Det. Con. Hitchens admitted he was not aware that Pitcher had been interviewed and that he had not read statements already taken.

"That is unfair,'' the officer replied.

Mr. Froomkin also asked why Pitcher's clothing was taken and tested, whereas Eberly's was not.

Eberly is represented by Mark Pettingill.

The trial, before Chief Justice Austin Ward, continues today.

COURTS CTS