Murder accused Michael Dean Eberly denied he broke into a widow's house even after his footprints were found at the scene, a court heard yesterday.

The 35-year-old told Police his co-defendant, Michael Brian Pitcher, must have borrowed his running shoes as he slept.

And Eberly told detectives Pitcher must then have broken into the house on his own on Victoria Row, Sandys Parish in December 1997.

Pitcher, 32, and Eberly, both of Victoria Row, have since admitted the burglary around midnight on December 2.

But the pair deny murdering 69-year-old Beatrice Simons during the raid, each accusing the other of viciously beating her.

Their defence is being led by Saul Froomkin, representing Pitcher, and Mark Pettingill, representing Eberly.

And Mr. Froomkin sparked protests from Mr. Pettingill and prosecution lawyer Peter Eccles when he led the evidence about the Nike running shoes yesterday.

He was cross-examining Det. Con. Cal Smith when he read part of a Police statement given by Eberly.

Mr. Froomkin said Eberly came up with the sneakers story on December 23, after being told for the first time that his footprints were at the scene.

The lawyer claimed Eberly told Police: "I can't explain them, unless while I was asleep Michael Pitcher put on my shoes, broke into the house and came back .. .'' Mr. Eccles rose to say the Crown was not tendering the statement as evidence -- even before Mr. Froomkin could turn the quote into a question.

And the Supreme Court jury was sent out while each lawyer gave legal arguments.

Det. Con. Smith had already told the hearing that Pitcher said both men were wearing white socks on their hands during the break-in.

And he confirmed there was no blood on a pair of socks seized from Pitcher, while no socks were taken from Eberly.

Under questioning from Mr. Froomkin, the officer reminded the jury that Eberly's mother washed her son's clothing two days after the incident.

And the court was shown the pair of white sneakers said to have been worn by Eberly, which Mr. Froomkin described as "well worn but very clean''.

The jury was told earlier that Eberly and Pitcher both had a scratch on their right hand.

Det. Con. Smith said Pitcher told Police he suffered the cut at work.

But he confirmed he "was not aware'' if Eberly had even been asked about his cut when he went to give a blood sample at King Edward VII Memorial Hospital.

Mr. Froomkin asked: "On December 2, the evidence was such that only one person was thought to be involved. Is that correct?'' Det. Con. Smith said: "To say that...I don't know. The information at that time was that she was attacked in a house.

"There might have been one, two, three, four or 15 people.'' Mr. Pettingill asked the officer if Eberly had appeared upset during Police questioning.

"He appeared remorseful,'' said Det. Con. Smith.

The case continues today.

Michael Dean Eberly COURTS CTS