Bollinger takes the stand in own defense; Closing arguments are expected today

The defendant in a local arson and murder trial got a chance to tell his side of the story to the jury Monday in the Bourbon County Courthouse.

Brent Bollinger, 26, who has been charged with aggravated arson, murder and aggravated child endangerment, testified about his knowledge of events surrounding a deadly Oct. 13, 2011 house fire in which his wife, Brenna, died and he and his youngest son, Bryson, were badly burned. The trial, which began Sept. 5, continued Monday with further testimony.

Bollinger testified about not remembering many details of how the fire started or events that occurred immediately after the incident and responded to questions about events that led up to the fire that other witnesses had testified about.

Bollinger's attorney, Paul Morrison, first questioned the defendant and Kristiane Bryant, representing the state, later got a chance to ask Bollinger questions. Bollinger said he knew both his mother and father had testified during the trial.

Bollinger testified he and Brenna Bollinger started dating in 2008 and he bought the Grand Road house that year. The family lived there during their entire marriage. He worked with BNSF in maintenance of tracks and later got promoted. Bollinger said he sometimes worked nights and routinely worked overtime.

He and Brenna were married in March 2009. Brenna had a child from a previous relationship, Daeson, who Brent eventually adopted. Bryson Bollinger was born in 2009. Brenna worked at a local medical claims company and worked there during their entire marriage. Brent had a silver Dodge truck while Brenna had a Mitsubishi Galant she owned previously. Together, they owned a Chevy Tahoe, according to testimony.

Bryant asked Bollinger if the couple's marriage had been "struggling." Brent said it "had its ups and downs."

Morrison asked Bollinger about his knowledge of what happened on Oct. 6, 2011, the week before the fire. Bollinger testified that Brenna had to take her clothes to her grandmother "but never showed back up." He said one of his kids woke up and asked where their mother was. Bollinger said he tried calling her repeatedly, then took the kids with him in the car, calling and texting her. Bollinger said he heard from her hours later and Brenna said she didn't know why they were worried and that she was fine.

Bollinger said Brenna showed up the Friday morning before the fire and told him she'd been out with Jason Harris and "they were out talking." Brent described his relationship with Brenna at the time as "rocky" but said "at times, we were close." He said there were no sexual relations between he and Brenna for "a couple weeks" prior to the fire.

Brent told Bryant he was "worried, upset and scared" the night Brenna stayed out all night prior to the fire and he had called her repeatedly. In answering a question from Bryant, Brent said he never asked Brenna where she was that night. He said once he got in touch with her, he was "actually relieved."

The Friday before the fire, Brent said he talked with Brenna on the phone and was "upset" and "sad" and possibly could have been cussing on the phone. Bryant asked if he normally cussed at people when he is sad. He said, "Yes." He also said he possibly could have done it to make Brenna feel bad.

Prior to the fire, Brent said he and Brenna went to a soccer game. He saw money in her purse and "didn't know what it was for." He later saw Brenna at the bank at the same time. Bryant asked Brent why he went to the bank, to which Bollinger said the couple had about $9,000 "in our savings account and I didn't want that money to just disappear." Brent added he was worried she was taking money and he didn't know what it was for.

Brent said Brenna told him the money in her purse was for a trip to Kansas City. Brent said he didn't recall arguing at the bank.

Bryant asked if he and Brenna had been "arguing on a regular basis" the week before the fire. Brent said they had. Brent agreed that Brenna was unhappy and had started spending time with friends more and "doing her own thing." Brent said he had become aware she wanted out of the marriage, and they had reconciled after a planned divorce in 2010.

The Saturday before the fire, Brent said Brenna went to Kansas City with a group to Worlds of Fun. Brent tried calling her later. He said they had planned on meeting back at home. Brent had gone to a friend's wedding that day. Brent said they argued and she said she wasn't going to come home. Brent admitted to lighting some of her clothes on fire in the backyard after this.

Brent said he started calling Brenna around midnight and eventually "got mad and was cussing at her." Brent said he thought they had been fine, but Brenna said she was not coming home, or she would come home "when she felt like it." Brent admitted that phone argument "ticked him off" and he burnt some of her clothes because he was upset. Brent said he had also punched a TV in the bedroom and broke some furniture but didn't recall breaking a frame on a family photo. Bryant asked Brent if he knew this would make Brenna mad.

"Yes," he said.

Brenna came home early Sunday morning but Brent said he didn't recall when. They talked about a possible divorce on Monday before the fire after Brenna brought it up, Brent testified. Brent said he didn't want a divorce and "wanted to work things out," but he "had a suspicion it was coming." Brent said he later found out more about Harris.

Brent said he looked to co-worker Brian Bolin as a mentor and Bolin suggested to him that he call Harris to ask "what was going on." Brent said Harris never called him or said anything to him about the affair and Brent was upset about this but not mad. Morrison asked Brent if he ever accused Brenna of "fooling around" with Harris, but Brent said he didn't. Brent said he knew Brenna had talked to a divorce attorney.

Brent testified he didn't like arguing in front of his kids all the time but he also did not like the idea "of a split-up household."

Bryant asked Brent if he ever confronted Brenna about the texts but he said he did not.

"I didn't want to make a big stink out of it. I wanted to forgive and forget to save the marriage," he said.

Bryant also asked if that meant overlooking the affair if Brenna would stay with him.

"Yes," Brent said.

Brent said he found out the Monday before the fire about his wife's affair and heard that she had filed for divorce on Tuesday. He said he was "upset and sad" but wanted her to stay with him. Brent said he was concerned about his wife and kids "waking up somewhere else."

Bryant asked Brent if Brenna "wanted to keep it civil for the boys," and Brent agreed. Brent said "at times" he felt like the split was best and "at times, no."

The day of the fire, Brent said he called in sick from "stress." He called his supervisor but later changed his mind and went to work. He went with his supervisor to get new tires on a truck then went to his house before picking up Daeson from school. Brent said he saw Nick Marsh that afternoon about cutting up and selling scrap metal. They picked up Daeson and went to the liquor store and bought a 30-pack of beer. They eventually stopped to sell the scrap metal.

About 4 p.m. that day, Brent said he had had two beers and he was playing video games with Daeson. He said he had no plans that night but was either going to eat dinner in Paola with some coworkers or go to his mother's house in Nebraska. Brent said he wanted to "get out of town." He left alone for Paola about 6:30 p.m. in his truck.

Brent said he heard about the texts between Brenna and Harris. He was in Paola for about 30-45 minutes, then headed back to Fort Scott at about 8:15 p.m. He testified that "he'd like to kick his (Harris) a--." Brent went to the Marsh's house, walked in and said hello, then looked at the texts. Brent said it was close to 9 p.m. when he got back to Fort Scott.

He spent 30 minutes at the Marsh's house, then after seeing the texts, went to sit on the porch, "mad at Jason" and later said he was going to a local pub where Harris was, but changed his mind. Brent said he didn't go to the pub because he knew the owners and "didn't want to cause a ruckus in there," so he went home. Brent testified he didn't recall telling Brenna about going to Paola.

Morrison asked Bollinger if he was mad when he left the Marsh's residence and his mindset when wanting to talk to Brenna. Brent said he was not mad and wanted to talk to her "to work things out." He said he was not mad at Brenna, he was "mad at Jason." He said he wanted to "forgive and forget, put it behind us and move on."

Morrison asked why Brenna's rings were on the dresser drawer in their bedroom. Brent said he put them there. He recalled she was not wearing her ring at the time. Her driver's license was on the top of Brent's dresser, he said. Morrison asked Bollinger if Brenna asked about the license or the rings, but Brent said she did not. Brent said she had given him back her ring within that week.

Brent said the rings and driver's license were in the pocket of his pants the night of the fire. These items ended up with Brent's father, Dale Bollinger.

Brent said when he went home, the Tahoe was there and the garage door was up. He went inside and walked through the garage into the dining room. He went upstairs and saw Bryson coming downstairs. Brent said he "patted him on the back of the head" and then went upstairs. Morrison asked if the house has smoke detectors. Brent said the house had only one on a ceiling in the upstairs hallway.

Brent said when he went into the house, nothing downstairs appeared "out of the ordinary." He said he was not sure why he went upstairs to talk to Brenna, but he was "not mad" at the time.

Brent said he heard Brenna talking in Bryson's bedroom so he went in that room. She was talking on her cell phone standing by the closet. He testified he said, "What the f--- you doing, b----?" Morrison asked if this was his normal way of talking to Brenna. He said it was not. Brent said Bryson was not in the room at this time. He also said Brenna's cell phone was "apparently not" left in the room after the fire.

Brent then said something happened next that "caught his attention," something "out of the ordinary" but he didn't recall what it was. He said he recalled "getting splashed" with something that had the odor of gas. Morrison asked him if he had a cigarette at the time, but Brent said he did not. Brent said he turned right while in the room and that was when he was splashed with something.

Bryant asked Brent to explain the "out of the ordinary" incident and who might have splashed him but he didn't recall seeing anyone else or how it happened. He said "it happened so quick" and said he "could not describe what I saw." He also said there was no one in the room at the time but he and Brenna.

Bollinger said he also remembered lunging at Brenna but didn't remember why. The next thing he said he remembered was waking up lying on the floor, Bryson was standing at the foot of the bed screaming. Brent said he didn't know how much time had elapsed at this point. He saw Brenna lying next to him, her feet right next to his head. Brent said nothing was said at the time.

Bryant asked Brent if he remembered himself or Bryson being burned at this time but he did not.

Morrison asked Brent if he recalled being on fire at the time. Brent said, "I don't know." Brent said he was "looking for the quickest way to get out of the house." He saw fire in parts of the house, kicked a window out, and leaned out the window holding Bryson's hand. He dropped Bryson to the ground and jumped out the window himself.

"I didn't know what to do," Brent said.

Brent said at the time he was wearing a black T-shirt, jeans, tennis shoes and socks. He said he had been wearing the same clothes all day except for his shoes.

Brent said he saw Brenna on fire when he jumped out of the window. He picked up Bryson and ran through the grass, carrying him, then sat him down in the area of the garage door that leads into the dining room area. He called 911 using a cell phone. Brent said he didn't know if Brenna was still alive after the first 911 call.

Bryant asked Brent about his knowledge of fire response and Brent testified he knew that rural fire departments would respond first to the scene.

In response to a question from Bryant, Brent said he never remembered indicating to emergency dispatchers that his wife was trapped upstairs or that he and Bryson were injured.

Brent said his intent at that point was to enter the house again and "get Brenna." He went upstairs but didn't make it all the way to the top as "the higher I got, the more the heat was pushing me down, and I couldn't go up anymore," an emotional Bollinger said.

Bryant also asked Brent why he never attempted to drag Brenna out or turned back to get her to which he responded he "panicked" and "didn't know what to do" and was unable to make it back upstairs due to the fire.

Brent said he took Bryson to his grandmother's in his truck. He had tried to open the Tahoe but the keys weren't inside and the keys were in his truck. He gave Bryson to his grandmother and called 911 from her phone, a landline, then went back to his house. Brent said he saw people there and a vehicle parked in the front yard.

Morrison asked him if he remembered anything he said at that point, of if he recalled being placed on a stretcher and being lifeflighted from the scene but Bollinger said he did not. Brent said he saw no other person in the house that night. He said he did not start the fire but "could have hurt Brenna," but didn't recall.

Brent said he didn't remember anything after running to the house, seeing and talking with Alisha Stine.

Morrison later had Bollinger remove his shirt while on the stand to show the burn scars on his torso to the jury.

Both the prosecution and defense rested Monday. Bourbon County District Judge Mark Ward advised the jury to be ready by 10 a.m. Tuesday for closing statements and to prepare to deliberation

Other testimony

* Dr. Christopher Long, a director of forensic toxicology with the St. Louis University School of Medicine who received samples on the victim, Brenna Bollinger, on Oct. 18, 2011.

Long said a toxicology test checks for alcohol, drugs or other "volatile compounds."

Long said he had a request for testing and additional testing in the Bollinger case. He also tested for the presence of carbon monoxide, bath salts, synthetic marijuana and running other special tests, Long said.

Long said the pathologist or coroner determining the cause of death makes toxicology requests.

Long said standard procedure was used on the victim's samples and the lab completed all of the testing, including the carbon monoxide tests.

Long said no alcohol or recreational drugs were found in Brenna's system, but a trace of a prescription drug, an antidepressant, found in her system, Long said.

Long said the victim also had an 18 percent saturation level of carbon monoxide, which is an elevated amount. At this level, Long said a person will usually start getting headaches and feelings of malaise and this is the first sign of carbon monoxide poisoning. Long said carbon monoxide cannot be heard, smelled or tasted and works on a cellular level, shutting down cellular respiration.

The 18 percent level is not fatal by itself and is about the equivalent of a heavy smoker, Long said.

* Dr. Erik Mitchell, a forensic pathologist, who performed an autopsy on the victim and identified a "strangulation-type" injury on the victim's body.

Mitchell said he looks for a "cause and manner of death" during his examinations.

"A mechanism; how did it happen," he said.

Mitchell said conducting an autopsy involves not only an examination of the body, but also looking at physical, social and medical aspects and putting them together to form a whole picture.

Mitchell said he responded to the victim's home and said it's common for him to respond to death scenes. He said he tries to get an idea at the scene of "knowns and unknowns" and to not physically disrupt evidence. He locates the body and tries to determine circumstances surrounding the body.

Mitchell said the body had not been moved and lay face down. Most of the damage to the body was done by fire, he said.

Photos of the victim's body during the autopsy were shown to the jury and entered as state's exhibits.

The body was removed from the scene in a sealed body bag and then transported to a morgue in Kansas City, Kan., for examination.

First the outside of the body was documented and some clothing remnants were found. Then an internal examination was conducted. Photos of the victim's body both face up and face down were shown to the jury and entered as state's exhibits.

Mitchell said during the internal exam he examines all organs and then the scalp where he removes the top of the bone from the head and examines the brain and neck. He said he works to not create injuries or cause hemorrhaging.

Mitchell said he found some injuries. The victim's neck showed bruises behind the voice box and along one of the carotid arteries there was a bruise and "some sort of stretch or compression of those tissues, Mitchell said.

Mitchell said the victim had inhaled smoke and breathed carbon monoxide gases. Pictures showed a dissection of the neck and hemorrhaging of the tissue. Mitchell said this was not caused by fire but by "physical violence to the body." Mitchell also drew pictures as visual aids for the jury.

He said the injury was consistent "with force applied to the area." He added it was not a spontaneous injury and also not consistent with hanging.

The victim's esophagus was opened and trachea was removed. Photos of the trachea showed streaks of material that Mitchell said were consistent with soot. This showed that the victim was alive for "at least part of the fire," he said.

Mitchell said it was also discovered that the victim had inhaled carbon monoxide.

A copy of the autopsy report was sent to the coroner in Bourbon County and entered as state's exhibit.

From his findings, Mitchell concluded the incident to be a homicide.

Morrison questioned Mitchell, asking if the victim died of thermal injuries and smoke inhalation. Mitchell said that was true. Morrison asked if respiration stops with inhalation of carbon monoxide. Mitchell said "Yes."

Mitchell said there was no evidence of beating.

The physical examination on the victim's body was conducted the day after the fire, according to testimony.

Mitchell said carbon monoxide can be lethal but it depends on a variety of factors.

Morrison asked what happens during strangulation. Mitchell said this depends on many factors but it involves denying oxygen and the person losing consciousness. Mitchell agreed that with strangulation, sometimes a person may pass out, and sometimes they don't recover. Some of the factors depend on whether a struggle was involved and the strength of the individuals involved, as well as force applied.

The victim's eyes were also thermally damaged, Mitchell said.

* Holly Neuvirth, Brent Bollinger's mother, was called to the stand as the defense's only other witness.

Neuvirth said she currently lives in Nebraska. She lived in Fort Scott from 1985 to 1991 and was married to Dale Bollinger, Brent's father, in 1986. They divorced in 1991.

Neuvirth said she later moved to Omaha, Neb., and maintained custody of their children. Dale stayed in Fort Scott and she said when Brent got older he went to live with his dad.

Neuvirth said she was present at Brent and Brenna's wedding.

Neuvirth said she heard about the fire through a phone call that evening. At first, she missed the call, then redialed and she said nobody answered. She later found out Brent was in an accident and she thought at first it was a car accident.

Neuvirth testified she thought Brent was driving to her house "to visit me" the night of the fire.

Neuvirth said she saw Brent about twice a year and he usually talked about his job and children during their conversations. She talked to him two to three times per week. She said she wasn't aware of marriage problems between Brent and Brenna, but "knew they weren't getting along."

Brent called his mother early in the morning the Saturday prior to the fire upset, she said. He had said he went to a wedding and could not reach Brenna by phone. Neuvirth said Brent "sounded brokenhearted, not mad."

Neuvirth said she headed straight for Kansas City to the hospital and learned more about the fire on the trip. She said a friend drove her to the hospital.

"I didn't know if he would survive," she said.

Neuvirth said Brent was in the hospital for seven weeks and between she and her mother, someone was in Brent's room throughout his entire stay. Neuvirth said her mother was in the room with Brent "a majority of the time." Brent had multiple surgeries in the hospital - about six she said - and was on morphine. She said he was burned on his face and torso and underwent skin grafts.

Photos of Brent two days after being admitted to the hospital in his bed and shortly after his release, as well as the day after leaving the hospital and upon coming home from the hospital were shown to the jury. There were also photos of the defendant's back after receiving skin grafts.

Brent stayed with his mother until January 2012 when he surrendered on the charges against him. Neuvirth said Brent still had open wounds at this time. Brent also had a breathing tube in after the skin grafts were done.

Morrison asked if while Brent was hospitalized, did he make statements about things that didn't make sense. Neuvirth said nurses and doctors often checked his mental status. Neuvirth said Brent often called his mother his wife, Brenna. Neuvirth said she told Brent at the time that she was his mother.

Neuvirth said nurses had to calm Bollinger down on one occasion when he thought his mother was being shot at by an airplane.

Neuvirth said she knew after the fire took place that Dale went to see Bryson so she stayed with Brent.

Steve Carr, one of the prosecuting attorneys, asked Neuvirth if she told law enforcement about these comments that Brent made in the hospital. She said, "No." Neuvirth said she refused to talk with them and "they never asked me to call them back."