Medical examiner testifies in murder trial

COEUR d’ALENE — The former medical examiner who performed Kendy Howard’s autopsy stands by his opinion that she died from a gunshot wound.

Former Spokane County Medical Examiner Dr. John Howard testified Thursday in the murder trial of Daniel Howard, who is of no relation. Daniel Howard is accused of asphyxiating his wife, Kendy Howard, in February 2021 and then shooting her in the mouth to make it appear as if she died by suicide.

Kootenai County doesn’t employ a medical examiner, so after police responded to the Athol home where Kendy Howard was found deceased in the bathtub, her body was sent to Spokane County for autopsy.

“There is absolute positive evidence of a gunshot wound with the same amount of hemorrhage or bleeding I’ve seen in hundreds of other gunshot wounds that proved fatal,” John Howard told jurors.

Prosecutors had asked the court to exclude John Howard from the trial because defense counsel failed to disclose him as an expert witness as part of the discovery process. Defense attorney Jason Johnson also spoke with John Howard on multiple occasions and provided him with additional photo evidence, without the state’s knowledge.

First District Judge Lamont Berecz allowed John Howard to testify but said he will sanction Johnson for his lack of compliance with court rules.

In the absence of other evidence, John Howard said, he believes Kendy Howard died from a gunshot wound.

“This has the same occurrence as literally hundreds and hundreds of gunshot wounds that have proved fatal in cases,” he said.

John Howard said he doesn’t know the details of the two-year investigation that followed Kendy Howard’s death, nor the conclusions of other experts who revisited her autopsy and studied photos of her body.

Those experts have testified they believe Kendy Howard died before she was shot, the bullet’s downward trajectory, the lack of blood at the scene and the more than 30 bruises sustained before her death.

In 2018, John Howard was subject to a state investigation in 14 cases where manner of death was disputed, including that of a woman who was cut in half and had her death ruled “undetermined.” The state ultimately determined he had followed protocol.

Christopher McCullough, a lifelong friend of Daniel Howard, took the stand Thursday.

Prosecutors revealed McCullough watched a livestream of the trial last week and posted comments asserting Daniel Howard’s innocence, in violation of the court’s order that witnesses not observe the proceedings until after their testimony.

Judge Berecz did not strike McCullough’s testimony from the record. He said jurors are aware McCullough violated the court’s order and will decide for themselves how much weight to give his testimony.

After Kendy Howard’s death, McCullough came to stay with Daniel Howard. McCullough said he suggested Daniel Howard sell his late wife’s possessions, including her cherished collection of glass chickens.

“Every time he walked past the case of chickens, I saw how it affected him,” McCullough said.

Courtney Lampert, a friend of Kendy Howard, previously testified that she offered to buy the collection from Daniel Howard for $2,000. She said she wanted to give the glass chickens to Kendy Howard’s granddaughter. But the deal fell through and someone else bought the chickens.

Daniel Howard sold his late wife’s possessions, including the glass chickens, at a yard sale on Kendy Howard’s birthday.

“He just wanted to get rid of it and get everything out of the house,” said Wyatt Howard, the son of Daniel and Kendy Howard.

Prosecutors said Brooke Wilkins — Kendy Howard’s daughter from a previous relationship, who Daniel Howard raised — received none of her late mother’s possessions.

Wyatt Howard said Wilkins showed up at the yard sale, angry and emotional, having learned of the sale from a Facebook post. Daniel Howard called the police.

“He told her she was trespassing,” Wyatt Howard said. “He said he didn’t want her on the property.”

“Why?” asked prosecuting attorney Art Verharen.

“Probably because she accused him of murder,” Wyatt Howard said.

The morning after Kendy Howard died, Wilkins accused Daniel Howard of killing her mother. That was a common sentiment among Kendy Howard’s family, Wyatt Howard said.

Emotions ran high at the yard sale. Wyatt Howard said his sister “got in his face” and he pushed her.

There will be no court proceedings today. The trial will resume Monday.