Thursday's Testimony Concludes

Testimony concluded with two witnesses who provided descriptions of the February 27 police chase following the jewelry store robbery. They were in a car near the apparent getaway vehicle.

New Hartford Police Officer Shane Yoxall (who along with Joseph Corr responded to the jewelry store robbery) began his testimony. It will continue Friday at 9:30am.

Keep checking back for updates beginning tomorrow morning. In the meantime, check out the video and sound clips from this morning's opening statements by visiting wktv.com.

More On The 911 Call

New Hartford 911 dispatcher Nicholas Morosco is testifying about the 911 call he received the night of February 27.

-Assistant DA Paul Hernon shows a disc that contains the recording of the 911 call. However, the call is not played.

-Morosco had been talking with Officer Corr about a broken printer at the NHPD substation in Sangertown Square Mall moments before the 911 call came in.

-Testimony is moving toward the police chase that ended with a crash at the Kirkland Byrne Dairy.

-Hernon occasionally moves to different locations on the floor to deliver his questions. When asking witnesses about evidence, he will stand over their shoulder. Other times, he moves to a corner 20-30 feet away. In the latter position, the jury is in between him and the witness.

-No cross examination.

"Fearing for my life at the time."

Lennon's employee Kimberly Suriano testified for approximately twenty minutes. Her testimony was similar to that of the other employees who spoke earlier.

-She testified about being seven months pregnant, handcuffed, and fearing that she would not make it out of the ordeal alive.

Attorneys are taking a ten minute break before calling two or three more witnesses before 5:00pm.

"I was so terrified by the whole experience."

Wendy Daniels (Lennon's employee) is having some difficulty recalling the minutiae of the robbery. She explained that she blanked out on occasion due to the inherent fear that night.

-She testified one of the robbers had fair-toned skin.

-According to her testimony, a robber also used profanity when instructing a gunman to shoot her in the head.

UPDATE: Cross examination

-Wittman: "Did you suffer any physical injuries that night?" Daniels: "No, I almost wished I had."

Re-direct examination offered a dramatic thought from the witness...

-Daniels: "My life patterns have changed since the robbery. I go home, and I can't wait to get home, and there's nothing there. And I get home and I wait." At this point, Wittman objected. The objection was sustained.

Her testimony concluded at 3:20pm.

"I thought I was going to get shot."

2:20pm: Gozy testified about her experience working at Lennon's the night of the robbery. Some details:

-Robber used profanity while making demands.

-She was so nervous, she could not move her hands behind her back. Thought the masked robber was going to shoot her.

UPDATE:

-Defense attorney Rebecca Wittman frequently says her own name to witnesses (for introduction purposes) before proceeding with cross-examination.

-Gozy is the fourth witness to be called. Her testimony lasted 30 minutes.

-Today's testimony is largely focused on establishing that a robbery took place and a 911 call was made. No witnessess (to this point) have been asked to identify John Healy. Healy remains seated in court. He is silent. Three guards watch over him closely.

Back From Break

Testimony has resumed with New Hartford 911 dispatcher Laurie Marshall. Assistant District Attorney Paul Hernon is now conducting the direct examination.

-Marshall described details of the 911 system and the calls she received the night of February 27.
-Testimony lasted approximately 20 minutes and was followed by that of Linda Gozy, a Lennon's employee.

During the break, co-counsel Kurt Hameline declined further comment on the John Healy identity issue.

Is John Healy...John Healy?

Is the John Healy on trial from killing officer Joseph Corr really John Healy? An article in a Pennsylvania newspaper and its website today says the John Healy who is on trial is really someone else. The article says the person on trial stole the identity of the real John Healy back in 2005.

From phillyburbs.com: "The district attorney’s office prosecuting the case is still using Healy’s name in reference to the man. He is known to have as many as 20 other aliases based on his fingerprints, police said. The man is also known to be involved in an identity theft ring in Philadelphia, police said."

“[Healy] is the name he gave us,” said Kurt Hameline, an assistant district attorney in Oneida County, N.Y. “That is probably just the most recent name he was using. I couldn’t tell you what name was on his birth certificate or what name he had the day he was born.”

CLICK HERE to read the article

Midday Developments

Defense attorney Rebecca Wittman conducted a 15-minute cross-examination in which she calmly challenged Gary Lennon's ability to determine the physical features of the robbers (such as skin color). He could not, with the exception that one of them had a gold tooth.

There was a brief re-direct examination.

Gary Lennon's testimony is through. It lasted approximately one hour, 45 minutes.

Kevin Ross, the boyfriend of a Lennon's employee, testified next (for about five minutes) He spoke of the 911 call he placed the night of the robbery. There was no cross examination.

Back at 2:00pm when the trial continues.

It is so quiet...

Prosecutor Kurt Hameline is showing a muted videotape of the inside of Lennon's Jewelers, recorded eight hours after the robbery. The gallery is watching in stone-cold silence as we relive That Night from the store perspective.

We see smashed glass, overturned chairs, jewelery, equipment and bins tossed on the floor. It is an all-access tour.

Lennon has been on the stand for nearly 90 minutes.

First Witness - Gary Lennon

Gary Lennon, part-owner of Lennon's-Wilcox Jewelers, is the prosecution's first witness. His testimony began at 10:57am. (UPDATE: Direct examination ended at 12:24pm).

-Lennon is using computer diagrams to illustrate what the robbers did and where they went while inside the store the night of the robbery.

-He said the actual barrel of a gun was against his head as he was told to show a robber the video surveillance recorder.

-30 Rolex watches were stolen. No insurance on the watches. Retail value of all stolen merchandise (including diamond jewelry): $1,000,000.

-Could not see the faces of the three robbers in the store. They were masked.

-30+ "exhibits" (pictures/diagrams/objects) have been introduced during Lennon's testimony. Most are pictures of the store following the robbery. The gallery has remained quiet. Healy is sitting back in his chair, relaxed. He appears to be paying close attention to the questioning.

Defense Opening Statement

Defense attorney Rebecca Wittman made a brief (10 minute) opening statement. Among the highlights:

-"There is emotion in this room that you can cut with a knife."

-Asked the jury to try and block out the media attention and the family members in order to focus purely on the facts.

-She also asked the jury to keep an open mind and their emotions in check. If they could do that, she was sure they would return "a fair and just verdict." She did NOT use the words "guilty" or "not guilty".

The judge called for a break in order to excuse the television and newspaper cameras, which will not be allowed back inside until closing arguments are given (possibly January 22/23).

Hameline - That Night

Hameline's opening statement includes a vivid account of February 27, 2006. He is telling the story that the prosecution intends to prove with evidence.

Among the details:

-It had been 37 years since a similar crime involving the death of a police officer in Oneida County.

-Officer Corr's last words: "Officer in foot pursuit" (transmitted over police radio).

-Healy was NOT the gunman, but was apprehended at the scene of the shooting and can be linked to the gunman and the robbery.

David & Kathy Corr are holding each other's hands. Other family members have been unable to hold back slight tears.

UPDATE: Hameline concluded his remarks after approximately 30 minutes.

Judge Dwyer's Instructions

To the jury: You must consider Healy as innocent and treat him as innocent unless PROVEN otherwise. He advises the panel NOT to take notes of the testimony so that jurors can give their undivided attention to the proceedings.

Judge Dwyer says this courtroom (as opposed to the larger ceremonial room across the hall) is being used because of its audio/visual capabilities.

10:04am
Prosecutor Kurt Hameline begins opening statement. The crowd perks up, and collectively moves to the edges of their seats.

(NOTE: Timestamps posted below are not entirely in sync with the actual time. Times included in the posts are accurate.)

Healy Enters The Court

Defendant John Healy entered the court unhandcuffed, wearing a white button-down shirt and dark khaki pants. David Corr (Joe's father) watched him closely.

The jury of nine women and three men has been seated.

We are underway.

Packed Courtroom

Ten minutes before opening arguments are scheduled to begin, the courtroom of Judge Michael Dwyer is packed. Immediate and extended members of the Corr family (including Officer Corr's widow and parents) are here. The ceremonial courtroom across the hall is also being used to accommodate the overflow crowd, which will watch on a closed-circuit video feed.

At the moment, there is quiet anticipation.

UPDATE: As of 9:45am, opening arguments have not yet begun.