Jacks's Trial for Daughters' Deaths to Begin Monday
Circumstantial evidence may not prove Jacks killed girls
By ASHA BEH
Updated 1:05 PM EDT, Sun, Jul 12, 2009
On Monday, D.C. prosecutors will open the trial of Banita Jacks, the woman accused of killing her four daughters last January.
Investigators believe the girls had been dead for nearly seven months before they were discovered in an upstairs bedroom of their Southeast rowhouse.
Medical examiners said they believe one of the girls was stabbed and the other three were strangled. Jacks, 35, told police the girls died in their sleep, "one at a time" over a 10-day period, according to court documents.
But even though Jacks was found living with the corpses, some lawyers not involved with the case told The Washington Post that is not enough to prove she killed the girls.
"Sure, it's easy to conclude that because she was found in the house, she did it. But there has to be actual proof that she did it," said lawyer Heather Pinckney. "Did someone else have the keys to the apartment? Did anyone see Jacks kill the children? There has to be proof that she had malice in her heart to kill her children. We may never know what really happened."
Last week, Jacks's attorneys asked Judge Frederick H. Weisberg for a delay to give them more time to test some "small sections of skin" found on the remains that were tested by prosecutors, court documents show. Weisberg will rule on the request tomorrow, the Post reports.
Since Jacks waived her right to a trial by jury, Weisberg will decide on her fate.
A number of D.C. agencies raised red flags over the welfare of the children during their time with Jacks, but nothing was done.
Lawsuits against the city filed by the girls' grandmothers and one of the girls' fathers are pending, according to D.C. Attorney General Peter J. Nickles. The family members said the city failed to remove the girls from their mother despite warnings from various city agencies, The Washington Post reported.
Jacks, who rejected an insanity defense, faces life in prison without parole if found guilty.
First Published: Jul 12, 2009 8:08 AM EDT
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