The documents also reveal for the first time that Wade's hair was found in Schloss' house and that Wade made a tawdry remark about wanting to have sex with the 52-year-old nurse practitioner.
The court filings say that in the early morning hours of Aug. 4, 2007, in the area where Schloss and Wade lived as neighbors, "a witness observed a small red car matching generally the description of the victim's car in the parking lot of (a) bank, and heard a woman's voice in that area screaming loudly 'Rape!' and 'Call the Police!' or words to that effect."
The court document doesn't say whether the witness did anything to help the woman. Nor does the document say for certain whether the voice was Schloss'.
Schloss was last seen Aug. 3 and then failed to show up for a scheduled flight to Fairbanks on Aug. 5. Her body was found in a patch of Wasilla woods in September 2007.
Prosecutors say Wade's DNA was found on the steering wheel of her car.
Wade is being charged in federal court, where prosecutors are seeking the death penalty.
The high-stakes trial that could be ahead has both the prosecutors and the defense filing copious court motions to hammer out what the jury will hear both at trial and in the sentencing phase, if Wade, now 29, is convicted. Most of the documents have been under seal. A defense reply to a motion released Thursday provided a rare glimpse into the case the government says it has on Wade.
Key to their case: Prosecutors say two pubic hairs forensically identified as Wade's were found inside Schloss' house. Prosecutors also say that a few days before the crime, Wade told a friend that he would like to have sex with Schloss.
The information was revealed in defense attorney Suzanne Elliott's response to the prosecution's effort to have Wade considered "a violent sexual offender." That designation could be one of the factors that enter into whether the death penalty would be imposed upon a conviction.
Elliott doesn't think that what the state alleges it has on her client is enough evidence to convince a jury. "If this is the only evidence the Government has to support an allegation of sexual motivation or assault, the aggravating factor will not be proven beyond a reasonable doubt," she writes.
Among other factors, the prosecution wants to allow testimony about Della Brown. Wade was acquitted of killing Brown in 2003. But federal prosecutors in the Schloss case say the jury got it wrong. Prosecutors say they have more evidence on Wade to accuse him of Brown's murder. They say they have new witnesses willing to speak who didn't speak in the 2003 trial. Some of the witnesses are jailhouse informants.
Another piece of evidence that the prosecution had hoped to resurrect in the Brown murder: a box cutter with blood on it seized from Wade's home at the time of her death. According to a court filing by another of Wade's attorneys, Gilbert Levy, the jury in the Brown case never heard about the box cutter because it may have been illegally seized. Federal prosecutors have brought the cutter out of evidence and have tested it, hoping to find Brown's DNA. But there wasn't enough DNA information on the knife to conclude it was Brown's blood, the document says.
A federal judge will make the decision on what jurors will and will not hear.
Find Megan Holland online at adn.com/contact/mholland or call 257-4343.
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