Medical examiner testifies Lovell not pregnant at time of death

MONTGOMERY COUNTY, Va.5:39 p.m. Update: Trial has concluded for Tuesday, will resume on Wednesday.

The jury finished watching the video of a conversation between an FBI agent and David Eisenhauer about his relationship with Nicole Lovell.

Eisenhauer said he thought she was older, but denied having a sexual relationship with her. The video was mostly, however, the agent talking and Eisenhower not responding.

Immediately after the video ended, the defense filed for a mistrial, saying the statements made by the agent would taint the jury and argued those statements were prejudicial.

The judge denied the motion for a mistrial and court was adjoined.

That motion could be used in the future during an appeals process if Eisenhauer is found guilty.

3:50 p.m. Update: Travis Witt, FBI Special agent assigned to the Lovell case was called as a witness.


3:05 p.m. Update: The medical examiner testified that Nicole Lovell was not pregnant at the time of her death. What makes this testimony important is that Natalie Keepers testified that she and David Eisenhaur worried Lovell was pregnant.


2:40 p.m. Update: Dr. Gayle Suzuki, a forensic pathologist with the Medical Examiners Office in Roanoke was the third witness to take the stand. Suzuki was introduced as an expert witness by Commonwealth Attorney Mary Petit. Suzuki performed the autopsy on Lovell.

That autopsy revealed Lovell was stabbed 14 times, most of which were to Lovell's head.  Suzuki ruled Lovell's cause of death as a stab wound to the neck.  Suzuki testified to multiple stab wounds in Lovell's neck and head as well as about 8 stab wounds to Lovell's chest area. Suzuki said Lovell had external bruises and scrapes on her body as well as bruises on the inside of her scalp. She also said a bone in Lovell's neck was broken due to blunt force trauma. Suzuki said Lovell was alive at the time her neck was broken.

2:26 p.m. Update: Nicole Lovell's mother, Tammy Weeks was the first witness called to the stand. The Commonwealth questioned Weeks about the last night she saw her daughter. Weeks was also asked to identify photos of her deceased daughter that were taken by medical examiners. After becoming emotional, Weeks did positively identify pictures of a body as that belonging to her daughter. The defense had no questions for Weeks.

The second witness called to the stand was Kevin Hearph, a former member of the Virginia State Police who worked the case. His testimony was used to identify the area that Lovell's body was found.

1:41 p.m. Update: Opening statements just wrapped up in a packed courtroom in Montgomery County as a jury heard evidence from both the Commonwealth and Defense Attorneys for David Eisenhauer.

Commonwealth Attorney Mary Petit gave a chilling opening statement about the events she says happened on the night of Jan.26 when 13-year-old Nicole Lovell was murdered.

According to her statement, Eisenhauer did Google searches on his laptop for "knockout drugs", "how to burn a body," and "how to get rid of bodies." Petit said her body was found a little over 4 miles away from Eisenhauer's grandparent's house.

The defense said in their statement that the role of Natalie Keepers in Lovell's murder has been underplayed, and pointed out the fact that a bloody handprint found on a shovel used to kill Lovell belonged to Keepers.

The defense also pointed out that a bloody gym bag was found in Keepers dorm room at Virginia Tech. The gym bag contained Lovell's bloody underwear and a bloody 'Minions' blanket that Lovell took with her the night she left her Blacksburg home to meet up with the pair, as well as a bloody stick.


A murder trial begins Tuesday in Montgomery County, two years after the death of 13-year-old Nicole Lovell.

David Eisenhauer, 20, pleaded not guilty to all charges Monday, and sat in the courtroom as a jury of his peers was selected to hear his case. 

Jury selection took all day Monday, lasting until almost 6 p.m. Out of 170 potential jurors, both the Commonwealth and the defense narrowed it down to 12, with two alternates.

The jury is made up of eight women and six men. In addition, 43 witnesses will be called to this case. Of those, 33 are for the Commonwealth and 10 are for the defense.

Most notably the defense is calling Natalie Keepers, who is charged with accessory to murder and concealing a body.

When we can expect her to take the stand is unclear.

More details will develop throughout the day. Check back here and on air for new information.

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