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Videos and DNA evidence at heart of third day of trial

Steele County Times - Staff Photo - Create Article
By
Kay Fate, Staff Writer

Prosecutors in the murder case against Jason Lee Horner on Thursday shared what they believe were the last moments of Sabrina Schnoor’s life.

Steele County Attorney Rob Jarrett asked Owatonna Police Detective Travis Ardolf to describe several pieces of video taken from surveillance and security cameras near Interstate 35 and the Steele County Administration Building on the night of May 29, 2023.

That’s when prosecutors say Horner, now 41, shot Schnoor under the nearby I-35 overpass. Her body was found nearly 24 hours later after her friends became worried and tracked the location of her phone.

Horner has pleaded not guilty to one count each of second-degree murder with intent-not premeditated, as well as a felony count of possessing a firearm after being convicted for a crime of violence.

The video evidence admitted on the third day of testimony shows two figures walking east on the railroad tracks that lead under the overpass. Twelve minutes after they disappear from view, another camera picks up a flash that appears to come from under the bridge.

Only one figure is seen after that; the person “popped out” from under the bridge, Ardolf said, “for just a matter of seconds.”

About 10 minutes later, a lone figure is seen walking back east.

OPD Detective John Van Alstine also testified Thursday about his role in the investigation.

He documented the scene where Schnoor’s body was found, taking photos and identifying about 10 “items of interest.”

Van Alstine described the “trauma” to Schnoor, telling the jury she “appeared to be missing part of her jaw.” He located teeth and part of a jawbone nearby.

Also near the body was a bandolier holding eight .410 gauge shotgun shells, and a plastic bag with what was later determined to be 31 .22 cartridges. No casings were found; all the ammunition at the scene was live.

Van Alstine also participated in searches of Schnoor’s apartment in Faribault and Angela Herplinck’s apartment in Owatonna, where Horner was believed to be staying.

Both Ardolf and Van Alstine said the clothing they saw in the videos, found at the scene and at Herplinck’s apartment were similar to the clothing and shoes worn by Horner and Schnoor earlier in the night, when they appeared on surveillance cameras inside a former Casey’s store.

Two members of the Minnesota Bureau of Criminal Apprehension testified about evidence gathered from the scene and later tested for DNA.

Kathryn Roche, a BCA crime scene leader, said the body had been under the overpass “a significant amount of time,” but did not appear to have been moved.

Michael Woods, who did much of the DNA testing of items collected as evidence, said the DNA found on many of the items did not match Horner’s.

A “major male contributor” of DNA on the bandolier was identified, but the man was not offered as an alternative perpetrator.

Herplinck, who was subpoenaed by the prosecution to testify, asked the court to appoint an attorney to represent her.

Attorney Joel Eaton accompanied Herplinck to the courtroom, where he told Judge Joseph Bueltel that he had advised Herplinck to invoke her Fifth Amendment right against self-incrimination.

Assistant Attorney General Mary Russell said the prosecution was not offering Herplinck immunity for her testimony.

“You understand that if you do testify any statements you make in this proceeding could be used in a subsequent proceeding that the state may charge you with a criminal offense?” Eaton asked Herplinck.

“Yes,” she replied.

Neither Russell nor the defense questioned Herplinck further, and she was released from her subpoena.

The jury, which was not present during the exchange, is now down to 15.

Bueltel dismissed one of the jurors following concerns that the juror had been sleeping during Thursday morning’s testimony.

Russell said she “noticed a sound that sounded like snoring,” but didn’t request the juror be excused.

Defense attorney Barry Cattadoris said he had “observed (the juror) to close his eyes, head bobbing, on-and-off. I don’t know if (they’re) fully asleep or not.”

After the lunch recess, Bueltel called the juror to the stand for questioning.

The juror denied falling asleep or missing any evidence.

Though both Russell and Cattadoris asked that the juror be retained and monitored, Bueltel disagreed.

“I did see (the juror) dozing, and I was kind of keeping an eye on them,” the judge said, adding that “the individual that was seated to the left was, I think, getting a little agitated… I didn’t see her touch (the juror), but it looked like she was trying to poke (the juror) … to not fall asleep.”

His decision, Bueltel said, “goes to the fairness and integrity of our whole system… If you can’t stay awake for the testimony, you can’t render satisfactory service.”

Testimony continues Friday, with Horner’s sister expected back on the stand.