Richmond Hill Trial LIVE BLOG: Monserrate Shirley takes the stand

RICHMOND HILL TRIAL DAY 15 – JULY 1, 2015

9:19 a.m. – Judge John Marnocha enters the courtroom.

9:20 a.m. – Jurors enter courtroom.

9:22 a.m. – Marnocha: "Does the state have a witness?"

9:22 a.m. – Deputy Prosecutor Mark Hollingsworth: "We do: Monserrate Shirley."

9:23 a.m. – Monserrate Shirley enters courtroom in shackles, escorted by sheriff's deputies. Her hair is much longer than when she was arrested – un-styled, it falls in damp ringlets past her shoulders. Mark Leonard sits quietly as she enters, his eyes following her movements.

9:24 a.m. – In a mousey voice with more than a trace of accent, Shirley states her name for the courtroom, and that she was charged as a co-defendant to Mark Leonard in the Richmond Hill explosion.

9:25 a.m. – Hollingsworth: "Have you since being charged, have you pled guilty in this case?"

Shirley: "Yes."

9:29 a.m. – Hollingsworth asks if she knows what sentence range she faces. Shirley: "20-50 years."

9:29 a.m. – Hollingsworth: "You know the judge could suspend part of your sentence? But you realize, having pled guilty, you could be sentenced to 50 years?"

Shirley: "Yes."

9:31 a.m. – Hollingsworth: "I want to talk about your home. Did you live at 8349 Fieldfare Way as of November 2012?"

Shirley: "Yes."

9:31 a.m. – Hollingsworth: "At that time of your life, who were you married to?"

Shirley: "John A. Shirley."

9:32 a.m. – Hollingsworth: "What is your occupation, ma'am?"

Shirley: "I'm an RN. A registered nurse."

9:33 a.m. – Shirley says she worked at the VA hospital in Indianapolis for 17 years in the ICU department. She says she also worked at St. Francis Hospital South and Community South Hospital.

9:34 a.m. – Hollingsworth: "When you lived with your ex-husband, who did the maintenance work around your home?"

Shirley: "That was John Shirley."

Hollingsworth: "Did you ever do anything like that?"

Shirley: "No."

9:36 a.m. – Hollingsworth: "Once John replaced the fireplace [with the log lighter], did you ever smell gas in the house?"

Shirley: "No."

9:36 a.m. – Hollingsworth: "Once John left, did anybody in your house ever use or mess with the fireplace?"

Shirley: "The last time was Mark Leonard."

Hollingsworth: "We'll get to Mark Leonard in a minute."

9:37 a.m. – Hollingsworth: "In your house, did you have a microwave?"

Shirley:  "Yes."

Hollingsworth: "And did it have a programmable timer on it?"

Shirley: "Yes."

9:38 a.m. – Hollingsworth: "How did you meet Mark Leonard?"

Shirley: "At a bar. Crazy Street."

9:38 a.m. – Hollingsworth: "Do you know approximately the date you met Mark Leonard?"

Shirley: "Nov. 12, 2011."

9:39 a.m. – Hollingsworth: "How did you come to meet Mr. Leonard."

Shirley: "My friend Mary and I went to have a drink that night. I wanted to stay local, close to my house. So she said she had a place better to go, that I would like better. She took me to Crazy Street. We walked through the door. Mark Leonard was staring at my right away. I was looking at him too."

9:40 a.m. – Hollingsworth: "You speak with a bit of an accent. Where are you from?"

Shirley: "I'm from Puerto Rico." Says she moved to the continental U.S. when she was 25.

Shirley: "I ordered some beer for me and my friend. She only wanted a Coke, so I drank a beer. He kept staring at me. We moved to the end of the bar near where he was. He introduced himself. About 10 minutes later, Mary said she had to go, and I was in good hands."

9:41 a.m. – Hollingsworth: "What did you think of Mark Leonard when you first met him?"

Shirley: "He wears nice close. Handsome man. Very handsome. Blonde, bleached hair. White shoes. Nice jeans. He was driving a Hummer."

Hollingsworth: "How did the evening end?"

Shirley: "He was with some friends. I asked some ladies with him if I would be safe if he took me home, and they said yes."

Hollingsworth: "Is that how you got home that night?"

Shirley: "Yes."

Hollingsworth: "What happened then?"

Shirley: "We went into the house and he spent the night."

Hollingsworth: "Was he still there when your daughter came home the next morning?"

Shirley "Yes."

Hollingsworth: "Did you want him there?"

Shirley: "No. I asked him to leave, because my daughter was coming. I said I don't like to have nobody in my house when my daughter was coming – no men there. He said he was good with kids. I said no, no, please leave. He said he would hide in the bathroom, and so he did."

Hollingsworth: "And did your husband come into the home?"

Shirley: "No, he texted me."

Hollingsworth: "Without getting into details, is it safe to say the text had to do with the Hummer in the driveway."

Shirley: "He asked, 'Do you have a boyfriend?'"

Hollingsworth: "Does Brook meet Mark Leonard?"

Shirley: "Yes."

Hollingsworth: "Was it a friendly meeting at first?"

Shirley: "No. She was having a problem with him."

Hollingsworth: "Did that initial encounter eventually lead into a romantic relationship?"

Shirley: "Yes."

Hollingsworth: "What did you think of Leonard at the time?"

"He was a nice guy. We used to cook together, have dinner together, go to restaurants with Brook. Very charming. Very loving man."

Hollingsworth: "And at the time you were single, thought he was good looking, and so you moved in with him."

Shirley: "Yes, that's correct."

Hollingsworth: "At some point, did that relationship become not so good?"

Shirley: "Yes. After about five months."

9:48 a.m. – Hollingsworth asks Shirley about when Leonard got sick. She says he had a headache and drove himself to a clinic. She eventually took him to Community Hospital where she worked, and they determined Leonard had an autoimmune disease and a hemoglobin of 5. Shirley: "That's a very sick man."

9:50 a.m. – Shirley says Leonard had to get multiple blood transfusions, and was at one point in a coma and on a ventilator. Shirley: "They had to radiate his blood to give it to him. That was the problem."

9:53 a.m. – Shirley says they found clots in Leonard's lungs and aorta.

Hollingsworth: "While he was at IU Medical Center, did you stay with him?"

Shirley: "Yes, I stayed every night."

9:53 a.m. – Shirley says he eventually recovered and they went home for one day, at which point he relapsed. Once Leonard was finally able to come home, Shirley says she had to take care of him for several more months.

Hollingsworth: "About what month was he able to get out and about again?"

Shirley: "Probably about the end of April, beginning of May."

9:55 a.m. – Hollingsworth: "When you first met, did the topic of employment come up?"

9:55 a.m. – Shirley: "When I first met him, he said he owned a construction company. He said it was a roofing company. He said it was called Mastercraft Restoration."

9:56 a.m. – Hollingsworth: "Now, did Mark Leonard have any business involving cars?"

9:57 a.m. – Shirley: "Yes. He would sometimes buy cars and fix them up to resell them."

9:57 a.m. – Hollingsworth: "And to fix those cars, did he have a set of tools?"

Shirley: "Yes, he did."

9:57 a.m. – Hollingsworth: "Prior to meeting Mark Leonard, had you ever been to a casino?"

Shirley: "No."

9:58 a.m. – Shirley says Leonard took her to the Hollywood Casino three or four months after she met him.

9:58 a.m. – Hollingsworth: "Where you a gambler?"

Shirley: "No."

Hollingsworth: "Did Mark Leonard gamble?"

Shirley: "Yes."

Hollingsworth: "What did he play?"

Shirley: "Blackjack."

Hollingsworth: "Did you ever play blackjack?"

Shirley: "He couldn't get a card to play, so at the time he gave me $3,000 to play in his name. He sat beside me and told me what to do."

Hollingsworth: "And how did that go?"

Shirley: "He lost it all. He said, 'That's how it goes.' Sometimes you win, sometimes you lose."

Shirley says Leonard would wager from $3,000-$10,000 regularly on blackjack.

Shirley: "He said he's been doing it for a long, long time, and he's good at it."

Hollingsworth: "What is the most money you ever saw Mark Leonard lose in one evening at a casino?"

Shirley: "Like $7,000."

Hollingsworth: "Would these be weekend trips, or were these sometimes during the week?"

Shirley: "Sometimes while Brook was at school. We would come back up."

10:03 a.m. – Shirley says when she would go to the casino. Glen Hultz's daughter or wife/girlfriend would babysit Brook.

10:05 a.m. – Shirley says Glen Hultz worked at Ray Skillman. She says Mark Leonard wanted her to sell her 2006 GM Envoy.

Shirley: "Mark Leonard told me he needs to be driving a better car than what he was driving. So he took me to a rental car place and I rented a car with my credit card. Then he told me Ray Skillman wanted to buy my car for $10,000."

"Was there something wrong with your GM?"

Shirley: "No. I liked it."

Shirley said Mark eventually convinced her to sell her GM, saying he would buy her a BMW.

Hollingsworth: "And what car did you end up with?"

Shirley: "A 200 Ford Taurus for $750."

Hollingsworth: "You ended up with a $750 car?"

Shirley: "Yes."

Hollingsworth: "What was Mark Leonard driving at this time?"

Shirley: "A Cadillac STS."

Hollingsworth: "And how did Mark Leonard get a Cadillac STS?"

Shirley: "He was doing some work for a hotel at that time. He stole a bunch of stuff from the hotel and sold it and bought it at an auction."

10:10 a.m. – Hollingsworth: "Did you and Mark Leonard have a discussion about the insurance on your house?"

Shirley: "Yes, about two weeks after he moved in."

Hollingsworth notes Shirley said Leonard moved in around December 2011: "He's in your house not two weeks, and insurance is being discussed?"

Shirley: "We were in the house and he asked me, 'Whose house is this? Whose name was in the house?' I said it was in my name. He asked if John Shirley had anything to do with the house. I told him John doesn’t have no rights to the house anymore. He told me to show him my insurance papers."

Shirley: "He looked at it and he said my house was under-insured … that I needed to raise the insurance more."

Hollingsworth: "At this time ma'am, had you ever raised any concerns about the insurance on your house?"

Shirley: "No."

Hollingsworth: "What led to this conversation?"

Shirley: "He just asked me. He told me to call State Farm and told me I needed to increase it to $300,000."

Shirley says her house was insured at the time for about $180,000, and the contents for about $150,000.

Shirley: "He said he was going to buy a lot of things for the house or bring stuff into the house and fix it up."

Hollingsworth: "Did Mark Leonard ever bring things into your house, or fix it up?"

Shirley: "No, he bought two TVs."

Shirley says it was "very easy" to increase her insurance. Shirley: "I'd been with them for so long."

Hollingsworth: "Did you question Mark Leonard on this, why it was necessary?"

Shirley: "I just did it."

Hollingsworth: "What about insurance on the Cadillac?"

Shirley: "He told me to call State Farm. It was easier for me to get insurance because he had so many points."

10:18 a.m. – Hollingsworth: "About 2011, what was your financial condition?"

Shirley: "After my husband left? My husband and I agreed we were going to take care of Brook together, and I would get a second job to help pay the bills."

Shirley said she was working full-time at Community South and worked on a resource team part-time.

10:20 a.m. – Shirley says she put her house up after she and her husband divorced: "[The Realtor] told me to do a short sale, because it was so upside-down. But after we got the offer on the home, I kinda felt bad. Because it was Brook's house. So I took it off the market."

Hollingsworth: "To be clear, it was your decision to take the house off the market?"

Shirley: "Yes."

Hollingsworth: "At the time, were you dating Mark Leonard?"

Shirley: "I had just met him. But I made the decision before I had met him."

10:25 a.m. – Hollingsworth asks Shirley about her neighbors, the Olveys and the Longworths. Shirley begins to cry as she talks about Dion Longworth coming over sometimes to talk to her ex-husband John Shirley. Shirley says she was familiar with the Olvey daughters, but not the parents.

10:30 a.m. – Hollingsworth displays pictures from the inside of Shirley's home before it exploded.

Hollingsworth: "As far as you know, when you woke up, was that big-screen TV in your bedroom?"

Shirley: "Yes."

Hollingsworth: "Was Brook's TV still in her bedroom?"

Shirley: "Yes."

10:33 a.m. Hollingsworth: "At some point in time, Ms. Shirley, was there a discussion about possibly setting a fire in your home?"

Shirley: "Yes."

10:35 a.m. – Court recesses for quick break.

10:57 a.m. – Court resumes.

10:57 a.m. – Hollingsworth: "When do remember first having a conversation about burning the house down?"

Shirley: "February 2012."

Hollingsworth: "And who brought the conversation up?"

Shirley: "Mark Leonard."

Hollingsworth: "How did that conversation come about?"

Shirley: "He just told me, 'I'm going to show you how to make money. You know, Glen's house was set on fire for money. It was very easy. Gary Thompson was the one who set it. He got the money no question. He said it will be very easy for me because I don't have no criminal background. No claims. And it was going to be a small fire in the garage."

Hollingsworth: "What did you say back to him?"

Shirley: "I thought it was crazy, but I went along with him. I said OK."

11:01 a.m. – Hollingsworth: "Did the topic come up again?"

Shirley: "Yes, July 4, 2012."

11:01 p.m. – Hollingsworth: "What were the circumstances of the topic coming up again?"

Shirley says Glen Hultz invited her and Leonard to a pool party near Geist Reservoir.

11:04 a.m. – Hollingsworth: "Did there come a time when the subject of a fire came up again?"

Shirley: "Yes."

Shirley says she, Mark Leonard and Glen Hultz were alone near the pool when Leonard initiated the conversation.

11:05 a.m. – Shirley: "Mark told Glen Hultz, 'Tell Moncie how Gary set fire on your house. Tell her how easy they will give you the money. How it will be a small fire and not to worry.' Glen said we better be careful, that he knew somebody who committed arson and got 75 years in prison. Then he asked who would get the money. Mark said, 'Of course, me. I always get the money.'"

11:06 a.m. – Hollingsworth: "At that time, did Glen Hultz do what Mark Leonard asked him to do and tell you about how easy it was?"

Shirley: "No he did not."

Hollingsworth: "Was there any more substance to that conversation?"

Shirley: "I told them that was crazy. I didn't want to do that."

Hollingsworth: "Anything else?"

Shirley: "Mark said Glen Hultz got money, he didn't want Mark to have more money than him. That's why he wouldn't tell me about it."

11:07 a.m. – Hollingsworth: "At the time, what was your impression of the plan?"

Shirley: "I didn't think it was going to happen. I didn't think he was going to do that to my house."

11:08 a.m. – Hollingsworth: "To the best of your memory, when was the next time that discussion came up?"

Shirley: "I believe it was a week before Halloween."

Hollingsworth: "Who brought up the subject this time?"

Shirley: "Mark Leonard. He told me he talked to Gary Thompson and told Gary Thompson we were ready to do it. He was going to bring Gary Thompson to my house, and I was going to tell Gary Thompson that I was OK to do it."

Shirley says she then saw Gary Thompson at her house a week before the first attempt.

11:09 a.m. – Hollingsworth: "You said the first attempt. How many tries were there before the explosion?"

Shirley: "Two."

Hollingsworth: "Essentially, did Mark Leonard give you instructions on what to tell Gary Thompson?"

Shirley: "He told me to tell him it was OK to set a small fire in my house. He told me all the time that it was going to be a small fire. Nobody was going to get hurt. It was just my house, and that we could get the insurance money."

11:13 a.m. – Hollingsworth enters calendars into evidence.

11:14 a.m. – Hollingsworth: "What was the first day the house was supposed to be burned down?"

Shirley: "October 27, 2012."

Shirley says Gary Thompson came over at Mark Leonard's invitation on Oct. 22, 2012: "We was in the garage, and Mark Leonard told Gary that I was ready. Mark told Gary, 'Tell Moncie how easy it was when Glen burned his house, how he got the money.' Gary told Mark he should not be telling me everything that had happened. Gary said, 'Don't be telling Moncie those kinds of things.' He said we're going to do a small fire."

Shirley: "We looked around, and then Gary went and looked at the thermostat. I heard a conversation; Gary said they were going to do something to the thermostat, that it would click and send something to the fireplace to start a fire."

11:18 a.m. – Hollingsworth: "Did you say anything to either Gary or Mark Leonard"

Shirley: "No, I did not."

Hollingsworth: "Did you have any suggestions you could have given."

Shirley: "No, I did not."

Hollingsworth: "So it was the defendant and Gary Thompson working this out."

Shirley: "Yes."

11:20 a.m. – Shirley: "[Mark] said it's going to be a small fire, nobody's going to get hurt. It's just going to be so we can get the insurance money."

Hollingsworth: "Were you asked by Mark Leonard to do anything in preparation for this?"

Shirley: "He said to get a babysitter for Brook. He said to get a reservation for the hotel. He didn't care too much about the cat, but he said if you want to keep that cat, you could get a reservation for it."

Hollingsworth: "We heard Mark Leonard didn't care about the cat, but were you going to let anything happen to it?"

Shirley: "No."

Hollingsworth: "So your job was the babysitter, the hotel and the cat?"

Shirley: "Yes."

Hollingsworth: "So what did you do?"

Shirley: "I made a reservation at the hotel. The cat needed a haircut, so I made a reservation for her at Sugar Grove. And I found a babysitter for Brook."

Hollingsworth: "Had you ever boarded Snowball before?"

Shirley: "No."

11:24 a.m. – Hollingsworth: "Did anything else happen before the arson that was supposed to happen on the 27th?"

Shirley: "Yes. Mark Leonard asked me if I had any sentimental things from Brook when she was a baby I wanted to keep. I found some pictures and stuff when she was little, and took down the picture from the living room, and we were going to take it to Glen Hultz's house."

Hollingsworth: "Why did you take the picture down?"

Shirley: "Because I didn't want anything to happen to that picture."

[While Shirley is testifying about Leonard helping take pictures down, he is shaking his head 'No.']

11:28 a.m. – Hollingsworth: "Does somebody show up to get the picture?"

Shirley: "Yes, Gary Thompson."

Hollingsworth: "What vehicle did Mark Leonard pick Gary Thompson up in?"

Shirley: "The white van."

Shirley says Leonard and Thompson loaded the pictures into the van.

Shirley: "I spoke with Glen and Glen was supposed to have them. That was the deal."

Hollingsworth: "As far as you knew, they were supposed to go to Glen's?"

Shirley: "Yes."

11:30 a.m. – Hollingsworth: "The house was going to catch on fire and burn that Saturday. What assurances did you have that Brook was not going to come back to the house that day?"

Shirley: "Oh, she would not come back to the house, because I told her not to."

Hollingsworth: "I take it you didn't give her a reason?"

Shirley: "No."

11:31 a.m. – Shirley says she and Leonard then went to the Hollywood Casino for the night.

11:32 a.m. – Hollingsworth: "Did either Gary Thompson or Mark Leonard ever indicate what time the fire was supposed to happen on that date?"

Shirley: "No. He just told me to wait for the phone call."

11:33 a.m. – Hollingsworth: "As far as you knew, how was the fire supposed to start that day?"

Shirley: "Gary was supposed to come back to the house. The thermostat was supposed to be set to click-in with the fireplace and start the fire."

11:33 a.m. – Hollingsworth: "With you and Mark down at the casino, how were you expecting to hear about the fire?"

Shirley: "Abby Johnson would have called me. We were best friends."

Hollingsworth: "Did you ever get a phone call?"

Shirley: "No. Mark kept asking me, 'Did you get a phone call?"

Hollingsworth: "What was Mark's demeanor during this?"

Shirley: "We were just drinking and dancing. He kept asking did no one call, did no one call?"

11:35 a.m. – Shirley said they left the casino the next morning and drove back to Richmond Hill, but did not stop at her house. Shirley: "He was very upset. He told me Gary Thompson didn't do the job. The house was still there. He told me we were going to go to his house."

Hollingsworth: "Was Gary Thompson home?"

Shirley: "When Gary came out of the house, Mark said, 'You can't even do a fire. You're a piece of shit. You can't even do anything.' Gary told him he was pulled over by a cop and that he couldn't get to the house. Mark said that couldn't be true. And I said that couldn't be true too."

Hollingsworth: "How mad was Mark Leonard?"

Shirley: "He was very, very mad at Gary."

Hollingsworth: "What was Gary Thompson's reaction to this?"

Shirley: "Nothing. Mark insulted him and he didn't say anything."

Hollingsworth: "At any point in that conversation did Mark indicate he should have had someone else do it?"

Shirley: "He said he should have had Glen do it, because Glen owed him a favor."

11:39 a.m. – Hollingsworth: "Well, it didn't work, so was there another conversation within the next couple days about burning your house down again?"

Shirley: "Yes."

Hollingsworth: "What happened? Who brought it up?"

Shirley: "Mark Leonard said we have to do it again. It has to be done."

Hollingsworth: "Was Brook around to hear this conversation? Was Brook ever around to hear this conversation?"

Shirley: "Absolutely not."

11:40 a.m. – Shirley: "I told him this is crazy. My house is too big. He said this needed to be done and we're going to do it."

Hollingsworth: "He didn't take no for an answer?"

Shirley: "He never took no for an answer."

11:41 a.m. – Shirley says Leonard arranged for Gary Thompson to return to the house to attempt to start the fire in the same way.

Shirley: "Mark said they should put cardboard on the fireplace so they don't lose the gas when they turn it on." Shirley says they placed cardboard to block the chimney flue.

Hollingsworth: "Is this being done by both Mark Leonard and Gary Thompson?"

Shirley: "Yes. Both. They helped each other."

Hollingsworth: "So Mark Leonard was physically doing this?"

Shirley: "Yes."

11:44 a.m. – Hollingsworth: "So has a date been set as to when this is going to be tried again?"

Shirley: "Yes. It was going to be Saturday, Nov. 3."

11:45 a.m. – Hollingsworth: "What is the next thing that occurs to prepare for that attempt?"

Shirley: "I believe it was Nov. 1. Mark was on the phone, and he was giving the address to someone to come to our house. I asked him who he was talking to. He said, 'My brother, Bob, you're going to meet him.' He said, 'He doesn't look like me. He would do anything I ask him to, so he's coming to the house tonight."

11:47 a.m. – Shirley says she met Bob Leonard for the first time that night.

11:48 a.m. – Shirley: "They went to the garage, and Mark Leonard was telling Bob about the job he had for him to do. He was to do the fire in the house. When I walked in he introduced me to Bob. Bob asked if I knew everything that was going to happen, and Mark said not to worry about it, that I knew enough and I was with them."

Hollingsworth: "So Bob's asking Mark if you knew about this, and you did?"

Shirley: "Yes, I did."

11:49 a.m. – Shirley: "[Mark] just said that his brother would do it. That his brother would do anything. That there was going to be a small fire and it was going to happen. That he was going to pay Bob Leonard to do it."

Shirley says Mark was going to pay Bob Leonard $10,000 to do it.

11:50 a.m. – Shirley says Mark Leonard was expecting to receive $300,000 for the contents on the house, as well as the car and the motorcycle in the garage. She says they weren't expecting to receive anything back from insurance on the house itself due to the mortgages.

Hollingsworth: "So we're talking about a lot of money?"

Shirley: "Yes. A lot of money."

11:51 a.m. – Hollingsworth: "What was the next thing that occurred?"

Shirley: "Mark asked me to make a reservation for Snowball, for Brook for a babysitter, and at the hotel."

Shirley says she made a reservation at the hotel for Nov. 2, 2012. Glen Hultz's girlfriend Sharon was to watch Brook. Snowball was boarded at Arbor Lane Kennel.

Hollingsworth: "How come you didn't go back to the place you did the first time?"

Shirley: "Oh, I just went to a different place close to home."

11:54 a.m. – Shirley says she and Leonard left for the casino on the morning of Nov. 3, 2012.

Hollingsworth: "Did somebody do something to your house to make it burn before you left the vicinity?"

Shirley: "No."

Hollingsworth: "So how was the fire supposed to start?"

Shirley: "Gary was supposed to set the thermostat, and the fireplace was supposed to be running, and it will click and make a spark and start the fire."

Hollingsworth: "Who was supposed to leave the fireplace running?"

Shirley: "He just turned it on. That's it."

Hollingsworth: "When did he turn it on?"

Shirley: "Saturday morning."

Hollingsworth: "Did you actually see Mark Leonard turn that valve?"

Shirley: "Yes."

11:57 a.m. – Hollingsworth: "So, you understand Gary Thompson is to set the thermostat to click. When was Gary Thompson supposed to set the thermostat?"

Shirley: "The last time I saw him was after the first time when he was supposed to set the thermostat. After that, Bob Leonard took over."

11:58 a.m. – Hollingsworth: "When was something supposed to happen to your house?"

Shirley: "Sometime around 11 to midnight."

Hollingsworth: "Did you get any phone calls?"

Shirley: "No."

Hollingsworth: "What was Mark Leonard's reaction to this?"

Shirley: "He kept asking, 'You didn't get no phone calls? You didn't get no phone calls?'"

11:59 a.m. – Shirley says they left the casino the next morning and went to a CVS to wait for Bob Leonard.

12:00 p.m. – Shirley: "Mark told me to take the car and go and get Brook."

Hollingsworth: "So you weren't privy to this conversation?"

Shirley: "No."

Hollingsworth: "So where were you supposed to go after that?"

Shirley: "I got a call on the way to Glen's house. Mark said it was too cold and to get a hotel."

12:01 p.m. – Shirley: "I got to Glen's house and asked to speak with him privately. I told him Mark said it was going to happen tonight. That Sunday night. Glen said between Mark and Gary they were going to explode the whole neighborhood."

Hollingsworth: "Did you take that as a joke at the time?"

Shirley: "No I did not."

12:04 p.m. – Hollingsworth: "Did you think at that point something was going to happen to your house?"

Shirley: "I was thinking they tried twice and couldn't do it. I thought it wasn't going to happen."

12:04 p.m. – Shirley says she eventually returned to her home on Monday. She said she noticed there were three gasoline cans in her house.

Shirley: "One was when you go into the laundry room, and the other was in the left hand side."

Shirley says she normally only had one gas can.

Hollingsworth: "Did you need two more gas cans?"

Shirley: "No I did not."

Hollingsworth: "Did you ask the defendants about the gas cans?"

Shirley: "No."

12:06 p.m. – Hollingsworth: "The house is still standing. It hasn't been blown up yet. Does the conversation of starting a fire come up again?"

12:08 p.m. – Court recesses for a lunch break.

1:19 p.m. – Court resumes session.

1:20 p.m. – Hollingsworth: "Did there come a time when you called a heating and cooling company?"

Shirley: "Mark Leonard asked me to call a heating and cooling company. It was for me to make sure they weren't coming to the house, that if something happened there would be a trace." Shirley says they weren't having any problems with the heating in the house.

1:22 p.m. – Hollingsworth: "Were you ever present for a conversation between the defendant and his brother Bob after the second attempt didn't work."

Shirley: "Yes. He was upset. He was just saying he was made that something didn't happen. That he expected him to do something."

Shirley says they went to Steak 'n Shake and had breakfast.

Hollingsworth: "What where they talking about?"

Shirley: "They just said maybe the house was too big to set it on fire."

1:24 p.m. – Shirley says the thermostat was changed on Nov. 5.

Shirley: "Mark called me and asked what credit card he could use to buy a new thermostat, because that one wasn't working. When we got back on Monday, my digital thermostat was changed to a cheap one."

1:26 p.m. – Hollingsworth: "What, if any, reaction did you have to seeing your thermostat replaced?"

Shirley: "I said, can you guys put back my thermostat? That's a nice digital thermostat, there can be no problem with that."

Shirley: "They were just laughing about it. They thought it was funny."

1:27 p.m. – Shirley says the last time she was at her house, the digital thermostat had been replaced on the wall, but the new, cheaper one was still sitting in the kitchen.

1:27 p.m. – Hollingsworth: "Did there come a time when Mark or somebody else told you they had done some research into what they were going to do?"

Shirley: "It was Thursday, Nov. 8. I had worked a 12 hour shift. I came home and Mark said he'd been busy all day running with Bob Leonard. He said they'd gone to the library and looked something up. They told me they had researched a house fire that was the same size as my house. Nobody was hurt. It was only the house."

1:30 p.m. – Shirley says at that time there was a Harley Davidson motorcycle and Mark Leonard's Cadillac at her house. The motorcycle was scratched on the left side, and the Cadillac had been damaged when Mark Leonard struck a curb and drove home on the rim.

1:31 p.m. – Shirley: "I said I would call State Farm and get the Cadillac fixed the legal way. He said no, because he didn't know how much I had insurance on it for, because I was the one who had called. He didn't know how much they would give us for that."

1:32 p.m. – Shirley says she told an insurance agent that both vehicles were in good condition. The motorcycle was already in her name, but the Cadillac wasn't moved to her name until after the explosion.

1:32 p.m. – Hollingsworth: "Did there come a time you offered the defendant something not to go through with the plan?"

Shirley: "I said, let's don't do this anymore. I'll give you my 401k. He asked me how much I have in my 401k. I said I think there's $10,000 or $12,000 in there. He said that's not enough. He wanted $300,000."

Hollingsworth: "Were you serious about giving him your 401k?"

Shirley: "I would have given him anything. I was in love with him."

Hollingsworth: "But he didn't take it?"

Shirley: "It wasn't enough."

1:36 p.m. – Shirley says on the Thursday before the explosion, she made arrangements for Brook and the cat, and made a hotel reservation.

Hollingsworth: "What do you think Brook's reaction would have been if Snowball had been killed?"

Shirley: "She would have been very devastated."

1:38 p.m. – Hollingsworth: "Prior to the first attempt, we heard that Gary Thompson drove off with Brook's portrait and the other pictures. Did she ever ask about that?"

Shirley: "Yes. Mark told me to tell her a girlfriend had taken them to put a new frame on them."

1:39 p.m. – Hollingsworth: "Why is it that you and Mark Leonard kept going to casinos on this weekend?"

Shirley: "We were trying to get the house on fire."

1:40 p.m. – Hollingsworth asks Shirley if she took a shower on Nov. 9 before going to work, and if she had hot water. She says yes to both.

1:41 p.m. – Shirley says Mark took Brook to Glen Hultz's house after she got off school that day.

1:42 p.m. – Hollingsworth: "When you left your house for the last time that Friday morning, who was still in that house?"

Shirley: "My daughter Brook and Mark Leonard."

Hollingsworth: "And that was the last time you saw your house?"

Shirley: "Yes."

1:43 p.m. – Hollingsworth: "Do you have any knowledge of what Mark Leonard or Bob Leonard or Gary Thompson did to your house after you left for work?"

Shirley: "No."

Hollingsworth: "You don't know?"

Shirley: "No."

1:43 p.m. – Shirley says packed for the weekend ahead of going to work. After work, she went to see Brook at Glen Hultz's house and change. She did not go back to her house. Shirley was to meet Leonard at a bar on the south side. She arrived and Bob and Mark Leonard were there in the white van.

1:46 p.m. – Shirley: "Mark told me to come to the van, and I sat on his lap. He asked me if I had $40 to give Bob. He said they'd been barhopping all day. Then Mark said, 'We need to go get that part.' Bob said, no, we have everything we need. But Mark said they needed to get the part. Before we left, Mark said to Bob, 'Make sure you get Gary and go and get the part we need.'"

Hollingsworth: "Did he happen to mention with you there what that part was?"

Shirley: "No, he did not."

1:48 p.m. – Shirley: "Mark Leonard said to me on the way to the casino that they met somebody on the west side who worked for the gas company, and he told them how to do it."

1:50 p.m. – Shirley says the last time she saw Bob Leonard before the explosion, he was driving off in the white van.

Shirley: "Mark Leonard told me we will have to stay one more night. That when we get to the desk to tell them they took my wrong information, that we needed to stay for two nights." Shirley says there wasn't a room available, and she didn't know it was supposed to be a two-day trip. She called the Hultz residence and asked if Brook could stay a second night.

1:52 p.m. – Shirley: "We got to the room and Mark said he didn't feel well. He didn't want to do anything that night. So I got ready and went to the casino and played the slot machines."

1:53 p.m. – Hollingsworth: "Did you know when the fire was actually supposed to happen?"

Shirley: "Mark Leonard told me it was going to happen Saturday night."

Hollingsworth: "Did Mark tell you why you had to stay one more night?"

Shirley: "Well, yeah."

Hollingsworth: "Did he know what time the fire might happen?"

Shirley: "He thought it was in the nighttime."

1:54 p.m. – Shirley says the next day they got up and had breakfast, had a beer. Mark Leonard played a game of blackjack and then they went and sat at the bar.

Hollingsworth: "You're at a casino, with all the games around, and you're at a bar?"

Shirley: "Yes."

Hollingsworth: "For hours?"

Shirley: "For hours."

Hollingsworth: "Why?"

Shirley: "He didn't have no money to play."

1:56 p.m. – Shirley says eventually she received a phone call from John Duncan asking if she was OK, saying something horrible had happened in the neighborhood.

1:56 p.m. – Shirley says she then called Gina Salas. Shirley: "She said Moncie, I'm glad you're alive. There's been a huge explosion. I said, 'I'm going right now.' She said, 'You don't have a house to come to.' I said, 'How's everybody?' She said, 'They're OK. Everybody was able to come out.'"

Hollingsworth: "She didn't call and tell you it was a small fire, did she?"

Shirley: "No. She said it was huge."

Shirley: "Edgar [her husband] kept telling me to take a deep breath, stay calm and come back to Indianapolis."

Hollingsworth: "What was your reaction to the news?"

Shirley: "Everything they were telling me. It could not be possible."

[Shirley begins to cry as she remembers getting the news.]

Shirley: "I thought it was crazy. I told Mark, that's not what you told me. There's an explosion in there. Those people. My neighbors. That cannot be real. I said no, it's huge, it's huge. You never told me about this."

2:00 p.m. – Hollingsworth: "How was Mark Leonard when you told him the news?"

Shirley: "He was running with me. He was just … himself. He said, it's done. It's done. I said, 'You never told me about this. It was supposed to be a small fire.' He said don't worry about it."

Hollingsworth: "Let's stop for a moment. Is there something about your eyes when you cry?"

Shirley: "Yes. I have no tears! When I cry I get very emotional. But I have no tears. People think I am not crying for real."

Hollingsworth: "Are you crying for real right now?"

Shirley: "Yes!"

2:03 p.m. – Hollingsworth asks Shirley about her interview with an officer after the explosion: "Did you tell the officer I know what happened, it was just supposed to be a small fire?"

Shirley: "No I did not."

Hollingsworth: "Did Mark Leonard tell them he knew what happened?"

Shirley: "No he did not."

Hollingsworth: "Did you tell anyone you knew what happened?"

Shirley: "No I did not."

Hollingsworth: "Well why not?"

Shirley: "Because I was scared!"

2:05 p.m. – Shirley says Mark Leonard told her not to say anything in the car on the way to his sister's house because "somebody could have put a bug in the car or something."

2:06 p.m. – Shirley: "I told them I didn't want to be a part of this. To take anything he had from me and throw it away. I didn't want any money I didn't want any nothing. Two innocent people died! And Bob Leonard said, 'Oh well. Oh well what happened to them.' I said, 'I don't want to be a part of this,' and he said, 'Too bad, you're in it.' I said, you don't have any idea, two innocent people died."

Hollingsworth: "Yes they did."

2:08 p.m. – Hollingsworth: "Was Bob Leonard ever paid for his part in this?"

Shirley: "Mark gave him $500."

2:09 p.m. – Hollingsworth: "At any point during this timeframe, was Bob Leonard actually asking for money for his part in this?"

Shirley: "Yes, he was asking for money. Before the second attempt. He just said he needed money."

Hollingsworth: "Were any amounts discussed?"

Shirley: "He was asking Mark for $1,200."

2:10 p.m. – Hollingsworth: "After the explosion, did you and Mark ever have a conversation about what you were supposed to say to investigators?"

Shirley: "Yes. It was after the first interview. He said we have to keep the same story."

2:11 p.m. – Hollingsworth: "And what was that story?"

2:11 p.m. – Shirley: "That he left the van, the white van, to go to the casino. The same thing about some smelling the gas here and there. That we'd been having problems with the thermostat for a while. But not to describe nothing else."

Hollingsworth: "And did you repeat that story?"

Shirley: "Yes, I did."

2:12 p.m. – Shirley says she and Mark stayed at the Candlewood Apartments for a few days after the explosion. Then one of Brook's former teachers Ms. Qubee, and a woman whose mother Shirley had cared for in the hospital, offered them to stay at her house.

2:13 p.m. – Hollingsworth: "At some point later, did you and Mark have a conversation about what happened?"

2:14 p.m. – Shirley: "He told me he took the step-down valve from the fireplace and threw it away in a place it would never be found."

2:18 p.m. – Shirley says she gave investigators permission to search the rubble of her house after the explosion.

2:26 p.m. – Hollingsworth: "Did there come a time where arrangements were made for you to give a television interview?"

Shirley: "Yes. It was Mr. Cable [Mark Leonard's attorney at the time]."

Hollingsworth: "Now was Mr. Leonard interviewed, or was it just you?"

Shirley: "No, he left Mr. Cable's office. He said he didn't want to be involved in no TV."

2:28 p.m. – Shirley says she told reports about her cat and the casino, and that she'd had problems with the thermostat in the past.

2:31 p.m. – Shirley says she received a check for $5,000 from State Farm. She cashed it and put it into her checking account, and then gave the money to Leonard's lawyer.

2:32 p.m. – Hollingsworth asks Shirley about the manual for her thermostat found at the explosion site. She identifies writing found in it as Mark Leonard's handwriting.

2:33 p.m. – Defense attorney David Shircliff asks Shirley how often she's seen Leonard's handwriting, and how she would identify it.

Shirley: "He never writes in cursive. Always in separate letters."

2:35 p.m. – Judge John Marnocha appears to side with the defense in not allowing a photograph of the manual into evidence. Hollingsworth instead asks again if Shirley recognized the handwriting on the manual. She again says it belongs to Mark Leonard.

2:37 p.m. – Shirley is asked to identify several more writing samples as Mark Leonard's.

2:41 p.m. – Hollingsworth: "When this case was originally charged, you were charged along with Mark Leonard and Bob Leonard, is that correct?"

Shirley: "Yes."

Hollingsworth: "And I think we heard earlier that you are aware two other people have since been charged?"

Shirley: "Yes."

2:42 p.m. – Shirley is asked to identify photographs of Glen Hultz and Gary Thompson.

2:44 p.m. – Shirley asked to identify her signature on a CD containing a recording of Mark Leonard.

2:45 p.m. – Hollingsworth: "You've testified throughout the trial that you are a nurse, is that correct?"

Shirley: "Yes I am."

Hollingsworth: "You are aware that people can be hurt or killed by fire, correct?"

Shirley: "Yes I am."

Hollingsworth: "If a house is on fire, who do you at least know will respond to that fire?"

Shirley: "The fire department"

[Shircliff objects. Lawyers approach the bench.]

2:46 p.m. – Hollingsworth: "Ms. Shirley, in any way, whatsoever, did the Longworth family deserve what happened to them?"

Shirley: "No, they did not."

Hollingsworth: "Did any of the 30 or so other people whose homes were destroyed deserve it?"

Shirley: "No one deserved what happened."

2:48 p.m. – Prosecution passes the witness. Court recesses for brief break.

3:14 p.m. – Hollingsworth objects to the showing of a video by the defense. Shircliff says its necessary to demonstrate a prior inconsistent statement.

Shircliff: "It's not only a prior inconsistent statement, it's demonstrative of demeanor, it's demonstrative of credibility."

3:17 p.m. – Jurors brought into the courtroom.

3:17 p.m. – Shircliff: "I think one of the things we need to figure out is, of all the things you've said, what is true and what is not."

Shirley: "Yes."

Shircliff: "You've admitted that some of the things you've said in the past weren't true, that some of the ways you've acted weren't true."

Shirley: "Yes."

Shircliff: "In some ways, your life depends upon whether the state finds you credible and the jury finds you credible."

Shirley: "Yes."

Shircliff: "It seems like, sometimes even you can't tell if you're telling the truth."

Shirley: "That is not true, I'm here to tell the truth and only the truth."

3:20 p.m. – Shirlcliff begins going over Shirley's educational background and nursing experience.

Shircliff: "Sometimes you have to advocate for life and death decisions. Those decision, sometimes you even have to stand up to a doctor about, is that right?"

Shirley: "Yes."

3:21 p.m. – Shircliff: "I want to talk to you about when Mark got sick. You came home one day from work and he was laying in bed, and he couldn't seem to get up or feel good. "

Shirley: "Yes, he said he couldn't get up."

Shircliff: "You made a quick decision that he needed to go to the hospital. And when he got there, the doctor there didn't really take his condition too seriously did they?"

Shirley: "No, they did."

Shircliff: "But you decided he needed to have a CT scan."

Shirley: "That was the doctor."

Shircliff: "And you decided he needed to get labs."

Shirley: "Yes."

Shircliff: "At some point, you decided he needed to see a specialist. So you personally hade him transferred to IU Medical Center?"

Shirley: "I talked to the pulmonologist."

Shircliff: "In fact, you advocated that he not have a feeding tube point in. You thought, 'He's too young to have a feeding tube.'"

Shirley: "Oh yes."

3:25 p.m. – Shircliff says when Leonard finally came home, Shirley took care of him, giving him his medication and shots. She says yes.

3:26 p.m. – Shircliff: "Now, I want to take you to that first meeting you had with him. Now, you're with Mary, and you went to Crazy Street. I think what you said was Mary was only there about 10-15 minutes. And you decided you were going to go home with someone you just met."

Shirley: "She said it was safe."

Shircliff: "That's right. You explored the information and came to that decision."

Shirley: "Yes."

Shircliff: "And you decided to let Mark Leonard take you home. And you had a romantic evening, a sexual evening, and he spent the night."

Shirley: "Yes."

Shircliff: "And you decided to let him stay the next morning. You didn't kick him out."

Shirley: "I asked him to leave."

Shircliff: "And he said, no, no, I'm good with kids. She'll love me."

Shirley: "Yes."

Shircliff: "Now, when you met him, you liked that he had blue eyes and bleached blonde hair. You also liked that he pulled out a wad of cash that night."

Shirley: "He had a lot of money that night."

3:30 p.m. – Shircliff says Shirley took Brook over to Leonard's house soon after meeting him, at which point she found out he was on or going to be on home detention.

3:31 p.m. – Shircliff: "At some point, you said, why don't you come stay with me?"

Shirley: "He said he didn't want to stay with the lady he was staying with, that she was having some problems with having the machine there."

3:32 p.m. – Shircliff: "Around that time, you said you increased your insurance to $300,000. And at that time you were in about $300,000 worth of debt."

Shirley: "I don't know how much debt I had."

Shircliff: "Well you had about $180,000 on one mortgage…"

Shirley: "$140,000."

Shircliff: "So you do know."

3:33 p.m. – Shircliff: "So you upped your insurance to $300,000 for the contents. But before you did that, you received an offer on your house."

Shirley: "Yes."

3:34 p.m. – Shircliff: "I want to go over some things for the jury. I think the first statement you gave was with Officer Cook in the car. And the second statement was with Detective Pearson. And you told the jury Mark Leonard was there when the statement was given. Was the detective asking you and Mark Leonard questions, or just you?"

Shirley: "Just me."

Shircliff: "Then, you gave a statement to Det. Aaron Carter. That detective spoke to you at the firehouse. And then you gave a series of statements as it related to State Farm Insurance. And you also talked to some of Steve Shand's people. He was one of the fire investigators. You remember that?"

Shirley: "Yes."

3:39 p.m. – Shircliff: "Then you were recorded by Det. Aaron Carter again after you were arrested."

Shirley: "Yes."

3:40 p.m. – Shircliff goes over more statements Shirley made, including the factual basis she agreed to in her plea agreement.

3:41 p.m. – Shircliff: "And we ended up taking a couple different days of deposition, right?"

Shirley: "Yes."

3:43 p.m. – Initial interviews with Cook, Carter and State Farm done in 2012, as well as the media interview. Proffer, factual basis and two depositions by defense done in 2015.

3:43 p.m. – Shircliff: "Now, what I want to ask you about is, your invitation on July 4 to go to Geist. And that was with Glen Hultz."

Shirley: "Yes."

Shircliff: "You were standing around the pool drinking with Mr. Hultz and Mark Leonard. At that point in time, you said Mark Leonard said something about, 'Glen, remember how easy it was to burn your house down to get money.'"

Shirley: "Yes."

Shircliff: "They went on to say how you could burn a house down and get money for it. And you were probably thinking, hey, I could get out of debt. I could pay my mortgage off. I could buy a car. Those were thoughts you were thinking at the time?"

Shirley: "Mark said he was buying me a car."

Shircliff: "Well you said in response, after Glen Hultz said someone got 75 years in jail, you said, 'I'm not doing this, this is too risky.' That implies it was something you were thinking about."

Shirley: "I said it was crazy."

Shircliff: "In July, this was something you had already had conversation about and were interested in pursuing, is that fair?"

Shirley: "Yes."

3:47 p.m. – Shircliff: "Let's talk about the buy-in you had for burning this house. It was your house? The insurance policy was in your name?"

Shirley: "Yes."

Shircliff: "Let's talk about raising your insurance. I'm assuming you checked the information out on that, because that seems like what you do."

Shirley: "No I did not."

Shircliff: "In this instance you didn't check it out?"

Shirley: "No."

3:49 p.m. – Shircliff: "On the weekend Gary Thompson came over to talk about the small fire, you said, 'I'm ready. We're ready.'"

Shirley: "Yes."

Shircliff: "You said, I don't want anyone to get hurt. I trust you guys."

Shirley: "Yes."

Shircliff: "And that conversation happened in your living room. In your house. In Brook's house. In Snowball's house."

Shirley: "Yes."

Shircliff: "And that was your pride and joy house."

Shirley: "Yes."

Shircliff: "And right after that conversation happened, you went into the kitchen and started making dinner."

Shirley: "I did and told Gary Thompson exactly what Mark Leonard told me to do."

3:52 p.m. – Shircliff: "As you testified earlier, every weekend you made sure there was a place for the cat to go. There was a place for Brook to go."

Shirley: "That was my job."

Shircliff: "You didn't set up the means of burning the house down, but you were the one who set up all the distractions so people wouldn't think you weren't burning down the house – boarding the cat, going to the casino."

Shirley: "Yes."

3:54 p.m. – Shircliff: "In your proffer, you said the first time you heard about the plan to burn the house down was July. But today you told the jury you hear about it in February."

Shirley: "I was confused."

Shircliff: "Well the bottom line is, you heard about it in February. And you were all in."

Shirley: "I thought it was crazy."

Shircliff: "But that's not what you said. You didn't say it was crazy."

Shirley: "I would have said or done anything to keep him. I was in love with him."

Shircliff: "You had a chance to kick him out in March when he got sick, if that's what you wanted to do."

Shirley: "How could I kick him out when he's sick? I'm a nurse. I care about others. I have morals and I love my patients. I would do anything for them."

3:47 p.m. – Shircliff: "From the time you were arrested all the way till roughly December of 2014 … after about two and a half years, you decided to take a plea."

Shirley: "I decided to tell the truth and nothing but the truth."

Shircliff: "You were actually told the State was going to offer you a plea before you made your proffer statement. Your lawyers came to you and said, I think the State is going to offer us a plea, and here's what the plea is…"

[Hollingsworth objects. Marnocha calls lawyers to the bench to discuss.]

3:59 p.m. – Shircliff: "The reason I say this is, and I think it's important the jury understand, that was before you even gave a proffer. Which means, the way I understand it, that the State had information about your case that would cause them to offer you a plea before you ever said anything on the record. Right?"

Shirley: "Well, I mean, they have everything about the case."

Shircliff: "Well, your attorney knew things because you told your attorney some things."

Shirley: "Yes."

Shircliff: "It seems to me that your attorney told the State some things, and that's what led them to consider offering you a plea deal before you'd even made a statement."

Shirley: "I think that's between me and my lawyer."

Shircliff: "Well, that's the great thing … and that's why I asked you about nurse-patient confidentiality earlier. Just like in that, the patient has the right to release that information if they want. You could tell the jury the truth, if you wanted."

4:03 p.m. – Shircliff: "You said something earlier this day to the jury when Mr. Hollingsworth asked you. Your statement to this jury was, yes, he told me he took out the step-down valve and put it someplace no one would ever find it."

Shirley: "Yes."

Shircliff: "So here's what I want to know. What I want to know is: Why does that statement not appear in the proffer that you gave to the State as to all the pertinent facts you know as it relates to this case."

Shirley: "I told them in some other statement."

Shircliff: "No, you didn't. It's not in your factual basis either."

Shirley: "I'm telling the truth."

Shircliff: "In fact, I did my own little analysis, it seems like your attorney spoke almost as much as you did, directing you to say dates and times, the name of the bar. I just don't see the most pertinent fact today, which was that Mark Leonard removed the step-down valve and threw it away. Why didn't you testify to that before?"

Shirley: "They never asked me."

Shircliff: "Are you saying your attorney knew that at the time of the proffer statement?"

Shirley: "Yes."

Shircliff: "And the state already knew that at the time of the proffer statement?"

Hollingsworth: "Objection, your honor."

Marnocha: "Sustained."

Shircliff: "Judge, I think it goes to…"

Marnocha: "SUSTAINED."

Shircliff: "So they offered you a plea, before you gave the statement, and the most pertinent fact you gave the jury today was never in that statement. So, can you tell this jury why it's not in the proffer."

Shirley: "I don't know."

Shircliff: "You don't know why it's not in this proffer? Can you tell the jury why it's not in the factual basis you agreed to when you took this plea?"

Shirley: "I don't know. I always told the truth."

Shircliff: "In fact, the first time we ever heard this was in April 2015, when we did the deposition. So, somehow, this fact never came to our attention from December 2011 until we did our deposition. Do you know how that is, when you apparently told your attorneys about it, and maybe even told the State about it?"

"I am telling the truth, and only the truth. That's exactly what Mark Leonard told me, that he took the step-down valve and threw it away somewhere it will never be found."

4:09 p.m. – Shircliff: "On Monday after the explosion, did you call someone to get a prescription?"

Shirley: "No."

Shircliff: "On Monday, you didn't call a doctor?"

Shirley: "Well I did call a doctor, but not for a prescription."

Shircliff: "Who did you call?"

Shirley: "Dr. Vale."

Shircliff: "Well Dr. Vale would say that you did call for Xanax."

Hollingsworth: "Objection, your honor"

Shircliff: "Well let me impeach her then, judge."

Marnocha: "Approach."

4:11 p.m. – Shircliff: "My question to you was, did you call Dr. Vale that night, and you said yes."

Shirley: "It was in the morning."

Shircliff: "When I was asking you questions in the deposition, why didn't you mention you called Dr. Vale."

4:12 p.m. – Shircliff: "Because I asked you in your deposition, and you didn't mention it."

Shirley says she called her friend for Xanax following the explosion, because she was "in a bad depression, and I was a wreck."

4:14 p.m. – Shircliff moves his questioning to the first weekend Gary Thompson came over to discuss the fire: "Your understanding was that the fire would be caused by gasoline?"

Shirley: "No."

Shircliff: "I asked in your deposition … you said in the house there was gas, and I asked if you meant gasoline, and you said yes."

Shircliff: "That's in your deposition. You said he turned on the log lighter and it started to burn."

4:16 p.m. – Shircliff: "What you testified to earlier was that Mark Leonard turned on the gas log lighter and that it wasn't lit. The reason I'm asking you that is that, I asked you specifically in the deposition if you had any idea of how the fire could have started, and you said no."

Shircliff asks her again about her earlier statement that Mark Leonard turned on the valve of the log lighter: "You've never testified to that before, have you."

Shirley: "No."

4:18 p.m. – Shirley: "Now you have testified many times, even unprompted, 'I do anything Mark Leonard tells me to. Because I love him. I have no ability to do anything but what he tells me to.' Is that right?"

Shirley: "He had control of everything."

Shircliff: "Except for one thing, we know that's not true. And that's the media interview you did in 2012. Mark Leonard said he wasn't going to do it, and you shouldn't do it either."

Shirley: "He said he was running away because of his past, because his past looked so bad. He ran away and left me in Mr. Cable's office."

Shircliff: "But you did do it."

Shirley: "I did it because Mr. Cable told me to do it."

4:21 p.m. – Shircliff asks to introduce into evidence a recording of the interview Shirley did with Indianapolis media.

4:22 p.m. – Marnocha calls a break.

4:40 p.m. – Court resumes session. The video is not played. Shircliff moves to asking Shirley about her understanding of the terms of her plea agreement.

4:42 p.m. – Shircliff: "I think the testimony was: You pled guilty to these two felonies, and after this trial is over, after the Bob Leonard Trial is over, after the Gary Thompson trial is over, and potentially after the Glen Hultz trial is over, you will go and get sentenced. And on that day you could potentially get out. Serve no time. Up to, potentially, what is your understanding of the max sentence?"

Shirley: "50."

Shircliff: "Your understanding is the state could recommend no time?"

Shirley: "Yes."

Shirlciff: "What you were looking at, 53 counts, could potentially be the rest of your life."

Shirley: "Yes."

Shircliff: "The state has not had you plead guilty to any form of murder, have they?"

Shirley: "No."

Shircliff: "Because if you would have to plead to the loss of life, even a reckless homicide, you would have to do time. But instead, the state has dismissed all of the charges except those two for your testimony."

Shirley: "Yes."

Shircliff: "It's hard for me to say this, but it was your house. It was your decision. You wanted to start a small fire."

Shirley: "They said no one would get hurt."

Shircliff: "Well that was everyone's intention."

4:46 p.m. – Shircliff: "After this happened, you got a phone call. And Mark said to you, 'This can't be that bad.'"

Shirley: "I don't remember."

Shircliff: "Well that's what you said in your deposition."

Shirley: "If that's what it says then I said that."

4:47 p.m. – Witness passed back for redirect.

4:48 p.m. – Holllingsworth: "If the defendant had told you they were going to blow up the whole neighborhood, would you have gone along with it?"

Shirley: "No."

Hollingsworth: "But you weren't physically messing with the valves, were you?"

Shirley: "No."

Hollingsworth: "Before this, did you even know what a step-down valve was?"

Shirley: "No."

Hollingsworth: "Then how would you have known that was important to this case?"

Shirley: "Because Mark Leonard told me. He told me it was a step-down valve."

4:50 p.m. – Hollingsworth reads from the factual basis a portion stating they would not be talking about all possible points of interest in the case.

4:52 p.m. – Hollingsworth: "When you are finally sentenced sometime down the road, who decides your sentence?"

Shirley: "The judge."

Hollingsworth: "It doesn't matter what the lawyers say. It's the judge. So your sentence range could be up to 50 years."

Shirley: "Yes."

Hollingsworth: "In the conspiracy you were part of, you did not say no, but you boarded the cat, you made the arrangements so essentially you would have an alibi. Those were things you did."

Shirley: "Yes."

Hollingsworth: "Who made the plans?"

Shirley: "Mark Leonard."

Hollingsworth: "He got you involved in this"

Shirley: "Yes."

Hollingsworth: "He got Gary Thompson involved in this, didn't he?"

Shirley: "Yes. Nobody said nothing to him. Nobody said nothing. He wouldn't take no for an answer."

Hollingsworth: "And he got Glen Hultz involved?"

Shirley: "Yes."

Hollingsworth: "And he even got his own brother involved, didn't he?"

Shirley: "Yes."

4:55 p.m. – Shircliff: "Can you really look at this jury that an overview of this case would not include the fact that a specific piece of the fireplace was removed causing the house to explode?"

Shirley: "First of all, I didn't know what the step-down valve was…"

Shircliff: "I understand that. I didn't ask that. Can you look them in the eye and tell them this isn't something they would want to know about?"

Shirley: "No."

4:58 p.m. – Shircliff: "All those conversations you said happened, the one where Glen Hultz said with Bob and Mark Leonard involved they were going to blow up the whole neighborhood, did you ever do anything to stop them?"

Shirley: "I offered him everything. I even offered him my 401k. He said it will happen, even if I have to stand in the living room and light it myself."

Shircliff: "All the conversations you're saying happened, you're the only witness. You're asking the jury to rely on you to say they happened."

Hollingsworth: "Objection, your honor."

Marnocha: "Sustained."

5:00 p.m. – Shirley excused as a witness. Court adjourns for the day.

 

RTV6 will be in the courtroom throughout the trial. Court rules do not allow live coverage of the proceedings, but we will post a daily blog wrap up when breaks are allowed from proceedings.

MORE | Monseratte Shirley's ex-husband thought boarding of cat was 'odd' | Excess gas inside home was equivalent to 3 tons of TNT Firefighter likens blast to 9/11, questioned about bias | 'I had my hand on him' | Victims' moms testify | 'Once the floor caved in, I knew that was it' | Despite error in ATF report, no postponement for Mark Leonard trial | Trapped inside their homes Witnesses relive the blast Soldier: Richmond Hill like IED explosion in Afghanistan | 'If I had known, I would have risked everything' Monserrate Shirley 'lied to us' | Richmond Hill 'only meant to be a small fire' 

 

Download the RTV6 app to receive alerts and follow the latest from the trial every day
Sign up to receive the latest Richmond Hill trial news straight to your email
SPECIAL SECTION: Click here for all of our coverage of the Richmond Hill explosion

 


View Explosion Damaged Homes in a larger map

Print this article Back to Top