Gratias said that the defense did not add Matrie to its witness list after the State's removal of her. This is because the defense could not have impugned its own witness.
Nicholas Bailey, who is representing McGinnis in the post-conviction relief case, did so this time.
Bailey's questioning established Matrie was at the scene of the crime. She was the one who called law enforcement to report Ohl's death. Bailey asked if Matrie was present at the time of the murder, which she denied.
Bailey found discrepancies between Matrie's deposition and her testimony this morning. She was asked if she had allowed McGinnis to stay at her home for 6-8 weeks, after McGinnis returned to Iowa after treatment out of state. This is what she had initially told investigators.
"I would dispute that," Matrie said. "It wasn't that long."
After being shown a transcript of her deposition, Matrie recanted.
"My memory was a lot better then than it is now," Matrie said. "I can't remember the exact length of time."
Matrie also testified about an incident with Ohl, a year prior to the murder, in which a drunken Ohl said to her, "You f*** patients" (written as read in court) and grabbed her breast at a bar. She said he apologized a couple of days later.
Someone had also reported the relationship between McGinnis and Matrie to the VA. She does not know who it was, though she and McGinnis discussed it and Ohl's name had been mentioned.
In her cross-examination, Assistant County Attorney Tiffany Kragnes asked Matrie if she thought McGinnis would do anything for her. Matrie answered, "No."
Matrie also testified that she did not tell McGinnis about the bar incident with Ohl. She testified that McGinnis, in a conversation with him at the Marion County Jail, told her that he loved her.