DELHI - Testimony on the seventh day of the murder trial of Justin Valk focused tightly on text messages, cellphone videos and investigative steps taken in the days surrounding the death of Stephanie Valk, as the prosecution called its final witness.
The case is being prosecuted by District Attorney Shawn Smith with assistance from Denise Kerrigan and defended by attorney Kevin O’Brien of Albany. The trial is being presided over by County Court Judge Gary Rosa.
Mathew Burkert, the retired New York State Police investigator who led the case, walked jurors through digital evidence recovered from Justin Valk’s phone and described how investigators interpreted - and, at times, declined to interpret - that material. His testimony unfolded in Delaware County Court on Friday, Jan. 16.
Much of Burkert’s testimony centered on text messages exchanged in early August 2022 between Valk’s phone and several contacts identified by first names or nicknames, including “Leo.” Prosecutors asked Burkert to read messages aloud for the jury, including one sent on Aug. 4 at 10:02 p.m.: “Okay, well, I’ll hit you up in the morning when she picks me up, bro,” Burkert read.
When defense counsel pressed Burkert on whether he interpreted such messages as evidence of drug transactions, he declined to draw conclusions.
“I never put any thought into that,” he said when asked if a particular exchange suggested a drug deal.
Other messages referenced delivery, availability and timing.
Burkert testified that the language was “consistent with those engaging in drug activities and communicating as such,” based on his experience, but he repeatedly emphasized the limits of his role and knowledge, particularly regarding specialized drug enforcement operations. He told jurors he had never served in the State Police Drug Enforcement Unit and was not involved in controlled buys.
Burkert also described six cellphone videos of Stephanie Valk that investigators recovered. The videos, he said, were spread over several hours, beginning late Sunday night, July 31, 2022, and continuing into Monday, Aug. 1, 2022. In his testimony, he characterized Stephanie Valk’s condition as deteriorating over time.
“My interpretation of what those mean is that from each video, she got continuously worse,” Burkert said, adding that Justin Valk told investigators, “She never got better.”
He noted that there was no evidence other videos had been deleted and successfully destroyed. Burkert explained how deleted data can remain temporarily in a phone’s “unallocated space” and, depending on use, may or may not be recoverable. In this case, he said, investigators did not find evidence of additional videos.
The jury also heard about texts sent from Valk’s phone after Stephanie Valk became gravely ill, including messages in which the sender said, “I didn’t know she was that sick,” and referred to having been, “an [expletive]” to her.
Burkert testified that, to his recollection, Valk never sent a message stating he had harmed his wife or wanted her dead.
On cross-examination, Burkert acknowledged limits in the investigation. He testified that he did not interview some individuals whose names surfaced in text messages, nor did he record a brief conversation he had with one witness. He also said he was not aware of any fingerprint or DNA evidence linking Valk directly to drugs found in the residence during the execution of a search warrant on Aug. 5, 2022.
Burkert described multiple visits to Mr. Valk’s trailer - July 29, Aug. 1 and Aug. 5, 2022 - noting that during the earlier visits he was not investigating a homicide and that Valk was cooperative, answered questions and allowed access to the home. He testified that on July 29 the residence appeared “neat and tidy,” and that Valk appeared concerned about his wife’s whereabouts. Burkert’s testimony conflicted with Valk’s stepdaughter’s testimony given earlier in the trial, who said the home was in total disarray.
Throughout his testimony, Burkert stressed that his conclusions were drawn from the evidence he reviewed before retiring in December 2022. Investigative steps taken after that date, he said, were outside his knowledge.
The prosecution rested its case following Burkert’s testimony, setting the stage for arguments over whether the evidence presented is sufficient for the jury to consider the charges.
Background
Justin Valk of Davenport is charged with murder in the Aug. 3, 2022 death of his wife Stephanie, and felony drug possession with intent to sell. Prosecutors allege he recklessly caused Stephanie Valk’s death by injecting her with controlled substances - methamphetamine and fentanyl - and failing to seek timely medical care.
He has pleaded not guilty.
Earlier in the trial, the prosecution presented testimony from the coroner that Stephanie Valk died from acute mixed-drug toxicity, though the manner of death was ruled undetermined.
The trial is scheduled to continue with the defense presenting its case.
To read more reporting:
Jury Hears Competing Theories in Delaware County Murder Trial
A Witness Under Oath, and the Weight of Words
Inside the Autopsy, Coroner Testifies on Toxicology and Uncertainty in Valk Trial
Former Inmate’s Testimony Turns Volatile in Valk Murder Trial
After Seven Days of Testimony, Prosecution Rests in Valk Murder Trial
Convicted Dealers Testify for Prosecution in Valk Murder Trial
