GRAND RAPIDS, Mich. (WZZM) -- The day after Janna Kelly was last seen alive in December, 2007, activity on her accused killer's cellphone places Kelly's former tenant near the blueberry field where her body was found three months later, according to testimony Tuesday.
Activity from Robin Lynn Root's cellphone between 11:22 a.m. and 1:12 p.m. on Dec. 5, 2007 shows a steady migration from Grand Rapids to about 1-½ miles from where Kelly's body was found, Grand Rapids Police Detective Tim DeVries testified Tuesday in Root's murder trial.
In an interview with police the following day, Root said she had no reason to be in Ottawa County, according to her taped statement played for jurors.
"I was making dinner, we sat there open mouthed and shocked because that's in our backyard,'' Root said of her reaction to news of Kelly's Dec. 4, 2007 disappearance.
Just a week earlier, the two got together to discuss a $2,917 judgement Root was ordered to pay in back rent to the 60-year-old insurance company executive.
"We sat down, she offered me some wine and we laughed, talked about her daughter getting engaged,'' Root said in a 30-minute interview recorded by police on Dec. 6, 2007. "I told her things were looking better for me and I wanted to make payments on what I owed to let her know I was making an effort; it's a judgement on my credit.''
Kelly was last seen alive Dec. 4 leaving her business located off of East Beltline Avenue south of Burton Street SE. The following day, Kelly's purse and wallet were found at the corner of Burton and Kalamazoo Avenue SE and her missing car was located Dec. 6 on Louise Street west of Plymouth Avenue SE. After months of searching, a land surveyor found Kelly's body March 13, 2008 off of Pierce Street west of U.S. 31 in Ottawa County.
The homicide investigation was reopened earlier this year by cold case detectives. Root, who was last interviewed eight years earlier, met with detectives in April. She was arrested and read her Miranda rights several hours into the April 27 interview in which she admitted to killing Kelly.
Police also have DNA evidence linking Root to the crime, the prosecution said.
Blood found on the exterior driver's door handle of Kelly's car and on the zipper of a black coat match a DNA sample taken from Root at the end of the Dec. 6, 2007 interview.
But Grand Rapids detectives failed to send in Root's DNA sample until several years later, which police this week concede was a mistake.
In all, 44 swabs were submitted for DNA testing. "We wanted to know whose DNA was going to match the samples we collected from that car door,'' DeVries testified.
During her first interview with police, Root, suffering from a cold, described Kelly as "very nice'' and "sweet.''
The two met at Kelly's home a week before she disappeared. "She invited me into her home, I helped her bring in groceries,'' Root said in the taped interview. "I think she was a nice person. Even when we were going through the money difficulties, she never blew up or was yelling. She was very open.''
At the end of the interview Root asks detectives: "Do you think something happened to her - bad?''
Police at the time didn't know what to make of it. "At that point we weren't 100 percent we had a crime,'' DeVries testified. "And if we had a crime, there was nothing to link her (Root) to it.''
Root in April admitted pushing Kelly, causing her to fall and hit her head. Kelly was unconscious but still breathing when Root said she put Kelly in the trunk of Kelly's car.
After Root's admission, she was charged with open murder. Defense attorney David Dodge is asking jurors to consider the lesser offense of manslaughter.
Dodge in September tried to get Root's admission to police thrown out, arguing Root should have been read her Miranda rights after telling detectives she had knowledge about Kelly's disappearance during the five-hour interview.
Ottawa County Assistant Prosecutor Lee Fisher asked that her statements be allowed, noting that Root voluntarily met with detectives on prior occasions and knew she could leave at any time.
Kent County Circuit Court Judge George Buth agreed, deciding a reasonable person would have known they were free leave a voluntary interview.
The trial in Buth's 12th floor courtroom is expected to run all week. If convicted of open murder, Root faces up to life in prison.
