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It was three years ago this past Monday that Ernest Scherer Jr. and his wife Charlene Abendroth were killed in their home on Castlewood Drive.

Alameda County sheriff’s deputies quickly zeroed in on their son, Ernest Scherer III as the prime suspect.

His trial, which has been in various stages since last year, ended Thursday with his ex-father-in-law testifying. The jury will get one week off, then hear closing arguments beginning March 21. But the case may come down to whether it believes four words spoken by Scherer: “I absolutely did not.”

Scherer spent much of the last week on the witness stand testifying in his own defense. Now jurors will have to decide whether to believe Scherer — who admitted lying to his wife, to numerous girlfriends and to others largely in the professional poker community — or to believe the case laid out by prosecutor Michael Nieto.

The case relies exclusively on circumstantial evidence. A Camaro convertible similar to Scherer’s drove past a video camera on Castlewood Drive near the time of the slayings. A baseball bat, sneakers similar to the bloody footprints found on the floor of the couple’s home, and soccer gloves were bought in cash around the same time Scherer drove through the area in Nevada where they were purchased.

Nieto has laid out a case in minute detail, chronicling Scherer’s spending habits and philandering with the claim that he was unable to keep up payments on a home Scherer and Robyn Scherer, his wife at the time, bought months before the slayings. Nieto has called that house the accelerant that led to the double killing.

The defense, both during the case and in Ernest Scherer III’s statements before his arrest, maintains police focused exclusively on him and never looked at other potential suspects. Scherer has testified that he was home asleep on his couch at the time of the killings, although Robyn and the couple’s son were out of town and there is no one to support that claim.

The case includes complications on both sides. Scherer’s phone — which his ex-wife has testified was “glued to his ear” — was off for a period of time before and after the time of the crime. Unexplained DNA was found at the crime scene.

The jury will also have to decide which testimony to believe. Did Scherer “fist pump” as his aunt, Carolyn Oesterle, testified he did when she said he couldn’t have committed the killings, or did the episode never happen, which is what Scherer maintains? Did Robyn delete text messages on her phone on her own or at his request?

The trial, which is been in various stages since last year is nearing its end. The jury will get one week off, then hear closing arguments beginning March 21, but the case may come down to whether it believes four words spoken by Scherer.

Those four words were his reply to defense attorney Richard Foxall’s question, “Did you kill your parents?”

“I absolutely did not,” Scherer said.

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12 Comments

  1. No, the case comes down to, does the evidence presented prove he’s guilty “beyond a reasonable doubt”? I’m pretty sure the answer to that question is yes, and if I were sitting on the jury, I’d be voting him guilty as charged.

  2. I’m just sorry the DA didn’t go for death penalty. Maybe didn’t want to risk a not guilty…better to get guilty for life I suppose. He doesn’t sound too bright for some of the stupid things he did in the days surrounding the murders….he must think everybody’s stupid.

  3. Ok Skip….time to come clean. The County could build a womans’ shelter for the cost of this charade.

    Admit it….that Big Mac you purchaced across the street from the sporting goods store….BIG DUH………with your credit card????

    And the Car Wash behavior…..too bad you were so proud that you couldn’t wash it yourself.

    Give the jury and all of us a break…..change your plea.

    Peace

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