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CRYSTAL FALLS -- Tuesday was the first day of testimony in the trial of 45-year-old David Anthony Levack, who is being charged with murder. The Kingsford man stands accused of killing 81-year old Joyce Margaret Johnson of Stambaugh Township.

Johnson was found dead in her home, Tuesday, September 27, the same day she was supposed to appear in court to testify against Levack in a stolen property case.

Prosecutor Melissa Powell pointed out that one of the neighbors saw Levack near Johnson’s home two days before she was found dead.

“He will testify that the defendant, Levack, told him he was bird watching. He was dressed in camouflage and was carrying binoculars...that he had a bet with a guy named Jack to get a picture of a woodpecker,” says Powell.

Powell added, cell phone records also indicate Levack was in the victim's vicinity the days leading up to her death.

“A phone, also used to call the defendant's mother and other known associates, traveled from an Iron Mountain area tower to the Florence County Wisconsin area tower, then to the Crystal Falls tower and then back to Iron Mountain the night of September 26,” Powell adds.

That was the night before Johnson's body was discovered.

Defense attorney Dan Jaspen says his client is being unfairly accused.

“The physical evidence doesn't tie David Levack to the trial. No DNA will tie him to this crime…no fingerprints,” explains Jaspen.

Deputy Ryan Boehnke was sent to Johnson’s home when she failed to appear in court. When he arrived to the house, no one answered the door.  Boehnke said after spotting Johnson's vehicle in the garage, he found the situation suspicious and called for backup.

Once inside the home, the deputies discovered Johnson in the tub. They suspected she died of natural causes. However, an autopsy later revealed the cause of death was strangulation.

The trial could go as long as two weeks. If convicted, Levack could face life in prison.