Erin Patterson trial: Alleged poisoner cried in hospital, jury told

Alleged triple-murderer Erin Patterson was emotional and cried in hospital after she was advised her children would need to be taken out of school, her trial has been told.

Ms Patterson has pleaded not guilty to three counts of murder and one count of attempted murder stemming from a deadly beef Wellington lunch she hosted on July 29, 2023, with members of her husband’s family.

On Wednesday, Victoria Police senior digital forensic officer Shamen Fox-Henry was the sole witness called to give evidence and will return to the stand on Thursday.

When the trial resumed about 11.40am, Justice Christopher Beale advised jurors the plan was to interpose two witnesses before Mr Fox-Henry continued.

Called to give evidence, Leongatha hospital nurse Mairim Cespon told the jury she assisted Ms Patterson after she checked into hospital about 9.48am on July 31.

The court was told Ms Patterson initially presented at 8.05am but discharged herself against medical advice five minutes later.

Ms Cespon told the court Ms Patterson became “emotional and started crying” when she was told by Dr Chris Webster her two children would need to be assessed.

The court was told Ms Patterson had advised her children had eaten the lunch leftovers on July 30 with the pastry and mushrooms scrapped off.

“She was asking if it is really necessary for them to be assessed because they don’t have any symptoms,” Ms Cespon said.

“Doesn’t want them to be stressed or panicked… for the kids to be pulled out of school.”

Ms Cespon said Ms Patterson rated her pain at a 7/10 and complained about nausea, a “cramp-like pain” and diarrhoea.

The jury is shown a chart Ms Cespon completed of Ms Patterson’s bowel movements while at Leongatha Hospital.

Ms Cespon said she sighted liquid bowel movements using a “witches hat” device at 10am, 10.04am, 10.06am, 10.15am and 11.50am.

A sample taken, she confirmed, was clear, mostly liquid with some brown sediment.

Judge’s warning to mushroom trial jurors

One question and answer between Mr Fox-Henry and a prosecutor on Wednesday prompted a firm warning from the trial judge to the jury.

Mr Fox-Henry told the court he was tasked with generating a report about the contents of a Cooler Master computer seized from Ms Patterson’s home following the lunch.

He took the jury through a series of records that captured online activity on the device in the evening of May 28, 2022.

One of the records captured a visit to a specific page on the citizen science website iNaturalist at 7.23pm.

“Deathcap from Melbourne, Vic, Australia on May 18 2022 … Bricker Reserve, Moorabbin - iNaturalist,” the headline for the page read.

Mr Fox-Henry was quizzed by prosecutor Jane Warren about the specific URL listed and, if it remained available online, if one copied the URL into a browser the web page would load.

He confirmed that it would.

The exchange prompted a warning from Justice Christoper Beale that the jury should not test this out themselves.

“Don’t be tempted overnight to … put any of these URL addresses into Google and conduct your own searches, okay? You’re not investigators,” he said.

The warning echoes Justice Beale’s direction to jurors at the start of the trial that the must decide the case only on the evidence before the court.

“When you retire to consider your verdict, you will have heard or received in court all the information that you need to make your decision,” he said.

“You must not conduct your own research into the case or discuss the case with others who are not on the jury.”

Ms Patterson is facing trial accused of murdering her husband Simon Patterson’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson.

Ms Wilkinson’s husband, Korumburra Baptist Church pastor Ian Wilkinson, fell gravely ill but recovered.

Prosecutors allege Ms Patterson deliberately spiked the lunch with “murderous intent”, while her defence argues the case is a “tragic accident”.

The trial continues.