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several pieces of clothing. The items recovered from Stewart comprised everything that was missing from his residence, Patterson confirmed.
Under cross examination, Patterson said that he’d taken a second check book from the same desk drawer before he left on July 24 and would definitely have noticed if the credit cards were missing at that time.
Called back to the stand as a defense witness, Wittl confirmed that the state lab had found the dirt on Patterson’s bed (located under the window through which the burglar entered) didn’t match dirt from Stewart’s tennis shoes. But the deputy added that when he was picked up, the defendant was walking on the shoulder of the road approximately 12'/} miles from the site of the burglary.
In closing arguments, Baumgardner noted that under Virginia law possession of recently stolen articles, particularly when accompanied by a false explanation, gives rise to the inference that the person possessing the articles did the stealing. Stewart, who until Thursday in court insisted that he was Brion Patterson, gave that false statement, the commonwealth’s attorney noted. He acknowledged that the evidence against the defendant was circumstantial but maintained that “there’s nothing wrong with circumstantial evidence... Ninety-nine percent of the decisions we make in the courtroom and in every day life are based on circumstantial evidence.
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