Friday, January 19, 2007

Looking Ahead...

12:04pm. Judge Dwyer explains what will happen Monday:

-We will begin at 9:45am. News cameras will be allowed in the courtroom. Defense attorney Rebecca Wittman will deliver her closing argument followed by that of the prosecution.

-Judge Dwyer will then read to the jury the law that applies to each of the 19 counts against John Healy.

-Monday afternoon, the jury will begin deliberations in hopes of reaching a unanimous verdict.

Scroll down to read details from each day of testimony, and click on "comments" to post your thoughts on the trial.

As always, keep checking this blog and http://www.wktv.com/ for breaking news.

The Defense Rests

11:59am. The defense has rested its case following the testimony of just two witnesses.

Healy - The Booking Room

11:46am. Kirkland Police Officer Vito Sparace is called back to the witness stand.

-Wittman asks about the black glove found in the back of his patrol vehicle.

-Sparace testifies that while Healy was in custody, he was asked by Healy to loosen his handcuffs.

-Wittman asks if other officers were observing when items connected to Healy ($1 bill, bloody tissue) were recovered by Sparace in the back seat of his patrol vehicle. "No."

-11:55am. On cross-examination, Hameline asks how long Healy sat in the back of his police vehicle. "Pretty close to an hour."

-After loosening the cuffs, Sparace observed "chewed up" knuckles on Healy, but cannot recall for certain if he was wearing a glove.

-Hameline's final question (sarcastically): "Mr. Sparace, did you really find that glove, or are you making this all up?" Sparace: "Oh no, I really found the glove."

Defense Makes Its Case

11:34am. Traci Baird is the defense's first witness. She is a cashier at the Kirkland Byrne Dairy. Wittman begins direct-examination.

-Baird testifies that on February 27, 2006, she saw a car come over an embankment and crash into a gas pump. She saw black male get out of the car's passenger side. He was clean-shaven, and headed around the side of the building toward the back.

-Baird testifies that she did not hear gunshots.

-On cross-examination, Baird testifies that she did not get a close look at the second person to emerge from the car.

Baird is off the stand at 11:45am.

Motion To Dismiss Denied

11:18am. Most members of our gallery are still out in the hallway. However, our attorneys are present and Wittman makes a motion to dismiss the murder charge and all robbery charges except those against Gary and Stephen Lennon.

Wittman's basis: 1) Healy was in custody when Officer Joseph Corr was shot and killed. 2) Jewelry store employees do not own the merchandise.

Judge Michael Dwyer did not grant the dismissal. The case continues as expected.

The Prosecution Rests

10:54am. The prosecution has no further witnesses. We will take a short break while attorneys review the 230+ pieces of evidence.

Defense witnesses will follow.

Leave your thoughts by clicking on "comments" below.

"Hurry up and shoot her!"

10:38am. Liesch recounts the moment that a man walked into the back office where she lay on the floor.

-A black man without a gun looked at her. "There's one in here!" Started screaming at her. "Who did you call? Who did you call?" Liesch: "I didn't call anyone, I swear I didn't call anyone!" He is stepping on her arms. A second person with a gun entered the office.

-First man is yelling to the other man with the gun. "Just shoot the (expletive)! Shoot the (expletive) (expletive)! Hurry up and shoot her! Just shoot the (expletive) (expletive)!" Liesch testifies that she was crying and screaming, begging for her life.

-Liesch testifies that a third man informed the two robbers, "The cops are here!" The two people in the room ran out. Still unsure of her safety, she remained on the ground until the police entered.

-Liesch identifies goggles, a gun, and a pair of black Prada shoes observed during the robbery. Hameline asks how she is doing now. Liesch: "For the most part okay, depends on the day."

KEY UPDATE: In earlier testimony, the black Prada shoes were identified as the shoes of John Healy.

-10:51am. On cross-examination, Wittman soft-spokenly challenges Liesch's recollection of the suspects' physical characteristics. There are not a lot of specifics.
Liesch is off the stand at 10:54am.

The Prosecution's Final Witness

10:19am. Leslee Liesch, 26, takes the witness stand. She is an employee of Lennon's - Wilcox Jewelers. She was working the night of February 27, 2006. She also works at Killabrew. Hameline: "I bet you get a lot of tips." Funny moment...

-Liesch testifies that at 8:00pm, "It was a very slow night".

-Near closing time, Liesch testifies that she had gotten up. She saw (fellow employee) Kim Suriano getting down on her hands and knees. A man was handcuffing her.

-(Tearing up, shaking on the witness stand) "Frightened and scared". She testifies how she dialed 911 and pressed the silent alarm lightly.

-She dialed the digits but then set down the phone and hung it up a moment later. "I was scared if somebody caught me with a phone in my hand that that wouldn't fare well for me." She went under her desk and called her boyfriend to inform him the store was being robbed.

-Liesch testifies that, fearing for her life, she crawled out to the open floor of her workspace.

5.6 Miles

10:01am. Inv. Salamone continues to testify on direct-examination.

-Our testimony turns to a car located in the Philadelphia area. Wittman is making multiple objections to Hameline's questioning on the basis of foundation, relevance, or hearsay. Some have been sustained, others overruled.

-Salamone testifies that he traced the chase route from Lennon's-Wilcox Jewelers to the Kirkland Byrne Dairy. Total distance: 5.6 miles.

-Salamone testifies that there is a cell phone tower on Lomond Place in Utica. (Coincidentally, it was near a Lennon's-Wilcox billboard that advertised Rolex watches.)

-28 missing Rolex watches have never been recovered.

-10:17am. On cross-examination, Wittman asks Salamone to describe Robert Ward's limp. Hameline: "You know how he got the limp?" Salamone: "Gunshot wound."

Salamone is off the stand at 10:18am

The Mug Shots

9:47am. Inv. Richard Salamone of New Hartford Police takes the witness stand. Our crowd (including all immediate and many extended members of the Corr family) has grown to the point where the courtroom is (again) filled to capacity.

-Salamone testifies that he was among the local police officers sent to the Philadelphia area following the robbery/homicide. He was there in March, May, June, and November 2006...a total of nine weeks.

-Salamone identifies a photograph of Walter Richardson (street name "Wakil"). ADA Kurt Hameline: "You ever see Walter Richardson in person?" Salamone: "Not while he was alive."

-Salamone then identifies a photograph of Robert Ward (street name "RB"). Defense attorney Rebecca Wittman asks if Salamone met Ward in person. Salamone: "Yes." **Ward is in custody in Pennsylvania.

-Salamone identifies a photograph of Marion Pegese (street name "Dump" or "Billy Dump"). Wittman is again allowed to ask if Salamone had ever met Pegese. Salamone: "No." **Pegese is also in custody in Pennsylvania.

Friday - Day Six

Testimony is nearly underway. We expect two more prosecution witnesses followed by an hour of defense witnesses (possibly three people). It should be a relatively short day of testimony.

Also, a quick word of thanks and appreciation to all of you who have been reading and posting your comments. We still have a lot of work to do, and I hope you'll continue to follow the developments.

As always, keep hitting "refresh" to follow the testimony almost entirely as it occurs.