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As Donna Jean Somerville waited for the verdict in her murder trial, she didn't know which car door would be opened for her when she left the makeshift Orange County courtroom.
Defense attorney Samuel P. Higginbotham II said two vehicles were waiting at the side entrance to the building--his car, to take her home if she was acquitted in her husband's death; and the sheriff's car, to take her to jail.
The not-guilty verdict rendered by Circuit Judge Daniel R. Bouton Tuesday evening guaranteed a trip home for the 51-year-old former nurse. Friends and family joined her at her Mount Athos estate to celebrate the end of an ordeal that started with Hamilton A. Somerville's death Nov. 13, 2001.
"We are all emotionally drained after this case," defense attorney Charles Bowman said yesterday. "I heard Donna laugh last night for the first time in two years. It finally dawned on her that it was over."
Donna Somerville was indicted by a special grand jury a year after her husband died. Charged with first-degree murder by poisoning, she remained free on $300,000 bond while awaiting trial.
Prosecutors claimed Donna Somerville gave her husband a fatal overdose of narcotics because she wanted out of her marriage without sacrificing any of her husband's wealth. The defense maintained there was no evidence of murder, offering evidence that Ham Somerville had been on drugs for months and was in poor health.
After a nine-day bench trial, Bouton found there was not enough evidence to prove Somerville's guilt "beyond a reasonable doubt."
Donna Somerville did not testify in her defense and left the courtroom Tuesday without commenting. She released a statement through her attorneys yesterday.
"I have returned to Mount Athos to grieve my husband's death as I attempt to put my life back together after two and one-half years of living hell," the statement said. "No one can know the horror of being innocent and having the entire force of the commonwealth bearing down upon them.
"I am grateful for Judge Bouton's wisdom and I know this case weighed heavily on his mind. I am also grateful for the support of my family, my friends and my attorneys who believed in me throughout this ordeal. It is only through prayer and strength given me by God that I have survived."
Special prosecutors Mark Robinette and Randy Krantz, brought in because Orange Commonwealth's Attorney Diana Wheeler once practiced law with a member of the Somerville family, had repeatedly said their case largely hinged on circumstantial evidence.
While experts for both sides testified that Ham Somerville had a high level of drugs in his system and that Donna Somerville had access to narcotics, prosecutors were unable to prove that she actually provided her husband with drugs.
"Circumstantial murder cases are always hard to prosecute," Krantz said. "Circumstantial murder cases by poisoning are nearly impossible to prove."
Donna Somerville's legal problems are not completely over, though. Her late husband's three daughters, who inherited the income from what Bowman described as a "substantial" family trust upon their father's death, have filed lawsuits against her seeking his entire estate.
The daughters' primary suit was filed in November 2003 against Donna Somerville and her daughter, Johnana Ecochard--who had been adopted by Ham Somerville. It asks the circuit court to award the Somerville estate to the three daughters because their stepmother killed their father.
The daughters, who witnesses testified were estranged from their father, are seeking $15 million.
Bowman said that figure was "plucked out of the air." Estimates of Mount Athos' value hover around $1 million; an investment account she shared with her husband was valued at $5.6 million at the time of his death.
If Donna Somerville had been convicted of killing her husband, she would have automatically been barred by state law from inheriting his estate.
She has made some arrangement with the attorneys representing the daughters in one suit, Bowman said, but it contains a nondisclosure agreement that precludes her from discussing it.
The daughters also filed a complaint in February 2003 asking that Donna Somerville be replaced as executor of their father's estate. She agreed, and was replaced by an attorney.
The Somerville daughters could not be reached for comment yesterday. But after the verdict on Tuesday, Alita Somerville Miller told the media she would "have to try to find some peace" with Bouton's decision.
One of the daughters' attorneys, David Robbins, told WJMA Radio News Director Phil Goodwin that "the girls need to regroup and then talk about it and see what their legal options are."
Ham Somerville's death and the charges leveled against his widow also divided the rural Orange County community of Somerset where they lived. Gossip centered in the Somerset Center Store, a crossroads mini-market and lunch stop, and was picked up by the national media.
It also split the congregation at Christ Episcopal Church in neighboring Gordonsville, where the Somervilles worshipped and were active participants.
Somerville no longer attends Christ Church or stops at the Somerset store. She now attends church in Charlottesville and has made new friends there.
But she has told her attorneys she doesn't want to sell the 345-acre Mount Athos, which was once part of President James Madison's Montpelier estate. It came into the Somerville family through a marriage to Marion du Pont, whose family owned Montpelier early in the 20th century.
And, according to Bowman, Donna Somerville has for several years been taking courses offered by Sewanee, The University of the South. The program: Education for the Ministry.
To reach ROBIN KNEPPER: rknepper@earthlink.net