GALENA, Ill. - The state could rest its case as early as Monday in the murder trial of David Andrew Damm.

Judge William Kelly sent jurors home early Friday when prosecutors finished with a string of witnesses as testimony wrapped up a second week.

The defense will present its case when the state finishes.

Damm, 60, of Waterloo, is charged with murder, conspiracy and kidnapping in the Oct. 27, 2006, beating death of 13-year-old Donnisha Hill.

Authorities said Damm hired Bruce Edward Burt, 59, to carry out the slaying to hamper a sexual abuse probe.

During opening statements, defense attorney Allan Sincox said Damm wanted Burt to drive Hill out of Waterloo to help her run away. He said murder was never part of the plan and suggested a struggle between Burt and the girl ensued at some point during the trip.

Burt, who took the stand as part of a deal with prosecutors that saved him from death row, denied any struggle with Hill.

Burt told jurors he drove the girl to Illinois in a borrowed Cadillac and began hitting her in the head with a metal hammer in a surprise attack when he pulled off the road in a rural area. She didn't fight back, he said.

Defense attorneys cross examined prosecution witnesses about minor injuries to Hill's arm -- a possible sign of a defensive wound - and noted that photos of the crime scene show the girl's shirt was pulled up toward her neck.

They showed that the owner of the Cadillac initially told police there were potato chips scattered about the front seat when the vehicle was returned.

The defense asked why crime lab workers didn't check for debris under Hill's fingernails. Fingernail scrapings can be used to gather information about an attacker in the event the victim puts up a fight.

Witnesses said her nails were too short to accumulate such debris.

The defense likely will call witnesses to explore inconsistencies in Burt's account. Burt, who said he received $2,000 of a $5,000 agreement from Damm, admitted he smoked and sold crack cocaine at his Sumner Street home.

After the defense finishes presenting its evidence and testimony, the state will have a chance to offer rebuttal witnesses.

Jurors will then decide if Damm is innocent or guilty of the charges. If he is convicted of first-degree murder, a second round will begin where prosecutors will argue that he is eligible for the death penalty.

If the jury panel unanimously agrees, the penalty phase will start.

It will require a unanimous jury decision to impose capital punishment. If any juror votes "no," execution is off the table, and a judge would levy the sentence.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.