Patrons Of Mario's Lakeway Lounge Testify About The Night Annie McSween Was Murdered

Mario's Lakeway Lounge was almost empty by the early morning hours of Nov. 26, 2010, Matt Miller testified Wednesday in Lake County Court of Common Pleas.

Miller -- known as "Baby Matt" to the regulars of the lounge -- said only four people, including himself, were still in the bar by the time he was preparing to leave.

There was Annie McSween, the bartender; Joseph Thomas, who Miller had been playing pool with earlier that evening; and a third man who was working on a crossword puzzle, Miller testified.

Despite being a regular at the bar, Miller said he had seen Thomas there only once before and didn't know him by name at the time. He also testified that he didn't know McSween, who tended bar there part time.

It was after 2 a.m., almost closing time, and Miller recalled Thomas asking McSween to dance.

"No, I don't dance," McSween replied, according to Miller.

Miller testified that Thomas said something to the effect of "That's odd because most bartenders like to dance."

Miller would leave soon thereafter. He said it was 2:14 am when he got in his car.

When Assistant Lake County Prosecutor Charles Cichocki asked Miller why he left, he replied, "You can tell when the (bartender) wants to get out of there."

McSween, 49, of Mentor, was murdered that night. Her body was found in a wooded area behind the bar.

Thomas, 28, is on trial. He is accused of murdering and raping her.

Thanksgiving night at Lakeway Lounge

Miller was just one of the people at Lakeway Lounge that Thanksgiving night who testified Wednesday

Thomas and Miller were playing pool together at Lakeway Lounge the night McSween was murdered.

During the games, Miller noticed that Thomas had a knife clipped to his pocket.

When Cichocki asked how Miller noticed the knife, Miller replied, "Whenever drinking is involved, people get irate if they get beat. I've heard of people getting stabbed or even shot over games so I tend to keep an eye on that type of stuff."

Other regulars at the bar saw Thomas that night but nobody knew him by name. Bar manager Margaret March only knew him by his preferred drink -- Miller Genuine Draft in a bottle.

Meanwhile, Lynette Brown-Keba testified the man with the split teeth, which is how other witnesses described Thomas, made her feel uncomfortable that night.

"I felt he was staring at me very often," Brown-Keba said.

Brown-Keba added that, some time during the evening, Thomas approached her saying, "The next dance is mine."

Brown-Keba, however, declined to dance with him.

Squabbles at the bar

There had been some arguments at and around the bar that evening, witnesses testified.

McSween had refused to serve a customer, named Jason, after he accused her of overcharging him, Brown-Keba testified.

The customer left in a huff soon thereafter.

"(McSween) seemed out of sorts that night," Brown-Keba said.

Additionally, another bar patron -- Allen Heise Jr. -- argued with March after she wouldn't let him spend the night at her house, March testified.

March rented the house next door to the bar, which was also owned by bar owner Mario Cacaic. She said it was not uncommon for regulars to spend the night there if they had too much to drink.

When Heise became upset with March he said something to the effect of "someone's going to jail tonight," March testified.

However, March insisted that Heise did not mean anything by that statement.

"As big as he is, he's not trouble," March said.

Heise did not testify Wednesday.

McSween had lived in the adjacent house with March and others a few months before her death. However, she was asked to move out when other people in the house suspected her of using drugs, March said.

Thumps on the wall

March and another bar patron, Brian Williams, went back to the house that night and fell asleep while watching one of the Rambo films, March testified.

She and Williams awoke at about 4:30 a.m. when they heard thumps on the wall behind them, March testified.

March admitted that she was still a bit fuzzy at the time because of an evening at drinking. However, she saw the front door of the house get pushed open just a bit.

Williams looked out the window and asked March if she knew "a guy with long hair." March replied that she did not.

March then told Williams to go see who was outside.

According to March, Williams pulled a knife from his buckle and went outside -- shoeless, shirtless and sockless.

He returned soon thereafter and said he didn't see anyone and, whoever it was, they must have run away, March testified.

The next morning, McSween's blood was smeared on the outside wall of March's house. Her blood was also on its steps and the outside of its windows. A bloody handmark was smeared near the door.

McSween was found dead and naked in a wooded area behind the bar and the house.

Her nose had been collapsed by a fist, Medical Examiner Dr. Daniel Galita testified. Her back had been stabbed repeatedly and her throat had been slashed several times.

The combination of the blunt force blows and stab wounds had killed her, Galita said.

Police interviewed Thomas about the crime in December 2010. However, he was not identified as a suspect until April 2011.

In April, police officers canvassed the neighborhood where the murder occurred, hoping to find McSween's clothes.

A resident told police that he saw a man, on the Friday after Thanksgiving, standing in the rain and burning something in the backyard of 5589 Marine Parkway, Cichocki said during his opening statement.

When police searched the backyard, they found the barrel containing charred clothing. DNA tests later matched blood found on the sweater to McSween, Cichocki said.

Thomas was living at that Marine Parkway address at the time of the murder, though he later moved away.

Thomas' attorney Doughten pointed out that the evidence was not found until after Thomas had moved away.

Doughten then asked why Thomas would continue to live at the house so long after the crime if he knew evidence linking him to it was nearby.

Thomas has been indicted on charges of rape, tampering with evidence, aggravated robbery, kidnapping and aggravated murder.

His trial will continue throughout this week with the prosecution's witnesses in Lake County Common Pleas Judge Richard Collins Jr.'s courtroom.

See the story from the trial's first day of testimony., route: {:controller=>"articles", :action=>"show", :id=>"jury-begins-hearing-evidence-in-joseph-thomas-murder-trial"} -->