Prosecutor: Clothes Of Murder Victim Annie McSween Found In Suspect's Backyard

The charred remains of murder victim Annie McSween's sweater, bra, pants and purse were found in a burn barrel in the backyard of the former residence of the man accused of murdering her -- Joseph Thomas, Lake County Assistant Prosecutor Charles Cichocki said in his opening statement Tuesday morning.

However, the burned clothes were not found until five months after McSween's body was found Nov. 26, 2010, near Mario's Lakeway Lounge on Andrews Road in Mentor-on-the-Lake. She had tended bar at Lakeway that evening and closed the bar by herself.

McSween, 49, of Mentor, was discovered behind a nearby house, next to the bar.

Her blood was on the grass, on the side of the house, on its step, on its windows and there was even a handmark smeared down its outside wall, Cichocki said.

Her shoes and underwear were found nearby.

Cichocki listed her many injuries during his opening statement:

Her face was repeatedly punched, a bone in her neck was snapped because she had been choked, her throat was slashed and she was stabbed five times in the back, Cichocki said.

Joseph Thomas was one of the people in the bar that night, Cichocki said. Police interviewed him in December 2010. 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.

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.

At the time of the crime, Thomas, 28, lived at 5589 Marine Parkway. Thomas' attorney, David Doughten, pointed out that the evidence was not found until after Thomas had moved away.

Doughten 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.

"The vast majority of facts presented by the prosecutor, we have no qualms with," Doughten said. "We disagree on what can be inferred from these facts."

Cichocki said DNA found on the evidence fits Thomas' profile. Doughten rebutted that two crime labs checked the evidence and found nothing before a third lab found evidence they said "didn't preclude Thomas."

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

His trial will continue this afternoon with the prosecution's witnesses. Additionally, the trial is expected to continue all week in Lake County Common Pleas Judge Richard Collins Jr.'s courtroom.