Tuesday, January 16, 2007

Tuesday's Testimony Complete

Sgt. Inserra will be cross-examined by Wittman when testimony resumes tomorrow morning at 10:00.

In the meantime, scroll down for all of today's dramatic developments, and click on "comments" to post your thoughts.

As always, check www.wktv.com for breaking news.

"Tell the officer's wife I'm sorry. I didn't mean to shoot him."

4:35pm. Sgt. Michael Inserra of New Hartford Police pursued details on Walter Richardson by traveling to Pennsylvania.

-Inserra visited the gunman's house. Met his parents Valerie and Walter Sr. While there (On February 28), Walter Jr. called.

-Walter Jr. apologized. Said, "Tell the officer's wife I'm sorry for shooting him. I didn't mean to shoot him." Inserra had a total of three phone conversations with Richardson, who did not reveal his location.

-U.S. Marshals had Richardson's location. They tried to arrest Richardson that night but he fired at the officers. Police fired back and shot Richardson. He died at the scene. One officer was shot, but was protected by a bullet-proof vest. Sgt. Inserra arrived shortly thereafter.

-We see a photograph of the gun Richardson fired outside his Chester, PA location.

Walter Richardson

4:12pm. Bolton identifies a picture that shows the man who carjacked him. While the man is not identified by name, it is a photograph of Walter Richardson, the man believed to have shot Officer Corr.

Sgt. Michael Inserra of New Hartford Police is next. He will testify about the incidents in Philadelphia.

"I thought I was gonna get shot."

Bolton still on the stand at 4:05pm.

-Bolton and man discussed their children. Bolton, a 9 year old son. Man, an 8 year old daughter and 4 year old son. Bolton wanted to get back for a Cub Scout commitment on Tuesday.

-Bolton dropped man off in Philadelphia. "Are you gonna shoot me?" Man: "No." He couldn't give Bolton's cell phone back. Man: "Nobody's gonna get those numbers." Man handed Bolton a $100 bill. "Sorry for your inconveniences, here you go."

-Bolton found out later that the man had died. No idea, yet, what he was running from.

Most riveting testimony of the day. Still developing...

"I made a big mistake"

3:54pm. Bolton testified that the man said, "I (expletive) up. I made a big mistake."

-Man (who had been using Bolton's cell phone) told Bolton to make up a story for his girlfriend. Bolton told her that he had to tow a car to Watertown and the customer was riding with him. He'd be home late.

-Route to Pennsylvania: Route 5 West to DeWitt. Then, I-481S to I-81 South (Syracuse).

-Man had a gray/brown windbreaker on.

UPDATE:

-Hameline: "Did you think you might die?" Bolton: "Yes." Man wanted the heat turned up inside the truck.

-Bolton considered jumping out of the truck or crashing it at 65/70mph. "I thought about crashing the truck into the guardrail. But with my luck, probably wouldn't turn out so well."

-Bolton testified that the man would pay for gas at a refueling stop. Hameline: "That was nice of him, wasn't it?"

-At gas station, Bolton got an iced tea. Man got an energy drink. Bolton thought about an escape attempt. "With my luck, I thought I'd end up not making it."

The Carjacking: "Don't do anything stupid!"

3:34pm. Joseph Bolton, who drives a tow truck for Kirkland Automotive, takes the stand.

-Bolton testified that he saw activity at the Kirkland Byrne Dairy. He parked his tow truck, ate pizza, and listened to "Mandatory Metallica" (courtroom laughs) on K-Rock.

-There was a knock on the passenger side window. Bolton saw a neatly groomed black man with short hair and a thin beard. Man said he had car trouble. Bolton said "Sure, where do you have to go?" Man opened door. "Philadelphia, Pennsylvania." The man had a gun.

-Bolton opened his door and tried to get out. Man said, "Close the damn door, close the damn door. We're gonna go." Man told him to take a left onto Route 5 (away from Byrne Dairy). Went straight, passing Route 233. Man (who is presumed to be Walter Richardson but has not been officially identified) said to watch the high beams and watch the speed. Police vehicles passed them going in the opposite direction.

-Bolton testified that the man said, "Stay cool, be calm, don't do anything stupid." Man held a gun to Bolton and threatened to shoot him.

-Regarding the police vehicles, Bolton asked the man, "I'm not a rocket scientist, but are they for you?" Man: "Yeah". Man said he "Made a big mistake."

Ring Found

Gerald Countryman (who works for National Grid) testified briefly that he discovered a ring at the Byrne Dairy more than a week after the incident. However, it has not yet been established where this ring came from.

Mid afternoon break at 3:15pm. Back in ten minutes...

In the meantime, scroll down to read all of today's developments, and click on "comments" to give us your thoughts.

The Getaway Car

2:24pm. Healt (not to be confused with Healy) is still on the stand. We are looking at interior photographs of the car that crashed into the Byrne Dairy.

-Healt identifies jewelry (Rolex watches/rings) found inside the vehicle. One Rolex had a price tag of $4,050. Another was tagged at $5,350.

-Canine search took place in the woods and along the creek behind the Byrne Dairy leading to Route 5. Tracks indicated that suspect (presumably Richardson) fell through the ice covering the creek, then continued to run. Blood stains were observed.

-Healt testified that some property (jewelry) was found on Healy at the Byrne Dairy.

UPDATE - Cross Examination

-2:43pm. Wittman is asking Healt questions about the evidence-gathering process. Officer Corr's car was equipped with video recording equipment, but there is no recording of the February 27 chase.

-On re-direct, Healt testified that a shell casing was found along the beginning segment of the chase route (Route 5A to 840).

-Wittman's re-cross focuses on a glove found among the items secured from Healy. Glove was not submitted to State Police lab. Healt, again with ADA Paul Hernon, later testifies that the glove was misidentified as a second "do-rag". Wittman objects...and is sustained.

Healt is off the stand at 3:07 pm.

The Byrne Dairy Crash (Part Two)

1:57pm. Testimony resumes with the direct examination of Peter Healt from the Oneida Co. Sheriff's Department.

-Healt is playing the surveillance video of the crash at the Byrne Dairy. It moves frame by frame...

-We see a car slam into a gas pump. The pump itself goes flying. Bright fire ensues. Shadow emerges. A person (believed to be Walter Richardson, the gunman) is running. We then see it from another angle.

-Wittman objects to entering still photographs of the same surveillance video into evidence. Says they are not "fair and accurate" depictions. They go into evidence anyway.

UPDATE:

-Healt testifies that the running man in the surveillance video appears to be holding a handgun in his right hand. Wittman objects to the testimony, but it is allowed. She will likely question Healt on this during cross-examination.

Coming Up This Afternoon...

Attorneys plan to call the truck driver who was carjacked by the gunman, Walter Richardson. All told, they are about halfway through their list of witnesses.

Scroll down for the rest of today's developments, and click "comments" to post your thoughts.

The Investigation...

12:34pm. Peter Healt, an investigator with the Oneida Co. Sheriff's Department begins to testify. He investigated the crime scene at the Byrne Dairy.

-We are up to at least 93 pieces of evidence.

12:39pm. We break for lunch. Testimony resumes at 1:55pm.

The Byrne Dairy Crash

12:27pm. Corr family members who left earlier have returned. Grant Garramone of the Oneida Co. District Attorney's Office takes the stand. He was called to respond the night of the robbery/homicide.

-Garramone testified that he has seen the surveillance footage of the crash at the Kirkland Byrne Dairy. There are two compact discs here in court that contain the footage.

-We do not see the footage. There is no cross-examination. Garramone is finished at 12:33pm.

More On The Autopsy

12:13pm. Gregory Facciolo of the Utica Police Department takes the stand. Officer Corr's parents and sisters leave the courtroom. Tracie Corr stays to listen.

-Facciolo (who assisted with the autopsy) identified a photograph of the fallen officer as he appeared following the shooting. The picture is not displayed publicly.

-We do, however, see a photo of the uniform Officer Corr had been wearing when he was shot.

-We see a photograph of what used to be a white undershirt. It is not white in this image. It is stained almost completely with Officer Corr's blood.

-We see the "H" of the "N.H.P.D." collar brass Corr was wearing that night. It was removed from his body.

-Members of the New Hartford police are seated up front. Several are leaned over, elbows on legs. Heads down. This is a difficult piece of testimony.

Facciolo is off the stand at 12:25pm.

The Sounds Of February 27, 2006

Madden plays a phone conversation recorded before the first 911 call. It is Joseph Corr's voice. He is joking around with the voice on the other line (about a broken printer). There are a few light curse words. The courtroom gives a chuckle.

Tracie Corr is crying.

-Knowing what ultimately happens, it is surreal to hear these seemingly minor developments (such as a 911 hangup call) take place beforehand.

-Now the real 911 call. The boyfriend of a Lennon's employee reports the robbery.

-Now, the police transmissions. The chase ensues. Route 840 to Route 5 to Byrne Dairy.

-The transcript of the recording is displayed on a monitor for all to see. It is moving quickly. Healy follows along.

-"Shots fired" reported. We halt the playing of the transmission at 8:28pm that night.

-Wittman declines cross-examination. Madden is finished at 12:10pm. The Corr family takes a moment to dab their tears.

The 911 Calls

11:37am. Jeffrey Madden of New Hartford dispatch takes the stand. ADA Paul Hernon is conducting the direct examination.

-We see a CD and transcript of the 911 calls made the night of February 27. These items have been identified before, but we have not heard the recording to this point.

-Madden (at Hernon's request) produced a "power point" presentation of the contents of the 911 calls. This has been entered into evidence.


-11:54am. Madden moves over to the prosecutors' table where there is a laptop computer. We are about to see (hear?) this presentation.

Colburn Cross-Exam, Updated

11:11am. Wittman continues to question Sgt. Colburn. The purpose of the recess was not immediately clear.

-Wittman is challenging Colburn's recollection of the evidence-gathering process.

UPDATE OF EVIDENCE:

-Wittman is introducing "Defendant's Evidence", which includes a $1 bill, blood stained tissue paper, Kenneth Cole wristwatch without price tag, a "do-rag", a black glove, and a sheet of paper. It is a log of other evidence found at the crime scene. ADA Hameline briefly takes over questioning. No objection to the added evidence.

-Wittman again. There is confusion as to what exactly is or is not entered into evidence.

UPDATE:

-On re-direct, Sgt. Colburn testifies who handled a brown paper evidence bag. Colburn filled out an inventory. Other officers handled the evidence. Wittman counters with an additional challenge of how the evidence was collected.

-Sgt. Colburn is off the stand at 11:35am. That was roughly 90 minutes of testimony.

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Cross Examination - Sgt. Colburn

-Wittman asked of Sgt. Colburn wore a bullet-proof vest when he arrived at the Byrne Dairy. "No", he said. Wittman continues to raise the issue of bullet-proof vests.

-After the initial chaos, a bullet was removed from the chamber of Officer Corr's gun.

-Prosecutors have left the images of the identification (taken from the crime scene) on the courtroom display for jurors to see. The ID cards show the picture of a black male, but we (in the gallery) are too far away to determine exactly whose face it is.

UPDATE: During the break, we inspected the picture. It includes two ID cards with the name John T. Healy with what appears to be the defendant's picture. Two other credit cards, and a "Sam's Club Advantage Member" card with the name John T. Healy are also there.

-10:47am. Wittman requests a recess to review evidence. Back in ten minutes...

Crime Scene Evidence

10:18am. NHPD Sgt. Paul Colburn is still on the stand. ADA Kurt Hameline is producing a significant amount of evidence from the night of February 27.

-Jewelry (rings with tags) and cell phone were discovered in a bag found rolled up in a jacket taken from crime scene. Colburn testified that Gary Lennon identified the rings as belonging to Lennon's Wilcox jewelers.

-Sgt. Colburn testified about the phone that was found. Number (267) xxx-1712. (Edited for publication). Other rings and watches were also collected.

10:28am UPDATE:

-We see a photograph of the recovered merchandise. We now focus on a wallet carrying identification and credit cards. We see a photograph of the identification, but it is not immediately clear whose face is depicted.

Defense attorney Rebecca Wittman is now conducting her first cross-examination of the morning.

Vest. Helmet. Machine Gun.

9:51am: Sgt. Paul Colburn of the NHPD takes the stand. ADA Kurt Hameline has picked up the direct examination.

-We review details of the police chase in an effort to corroborate what fellow officers described last week.

-Heard "shots fired" over the police radio before he arrived at the Kirkland Byrne Dairy. Upon arrival, he ran toward fallen officer. Kirkland PD Officer Vito Sparace was on top of a suspect.

UPDATE:

-Upon realizing the situation, Sgt. Colburn obtained his heavy ballistic vest, helmet, and machine gun. Officers prepared for a suspect to emerge from woods. No shots were fired by police officers.

-Sgt. Colburn identifies Healy as the suspect taken into custody at the Kirkland Byrne Dairy. Healy does not move. Colburn is now one of several officers to identify Healy.

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Next Witness: Dr. John Rubin

Dr. John Rubin, of the St. Elizabeth Medical Center emergency department, took the stand at 9:39am.

Defendant John Healy is wearing a light gray button-down shirt with narrow black and blue pinstripes. Khaki pants. No handcuffs.

ADA Paul Hernon is conducting the direct examination. We begin by reviewing the medical records of February 27, 2006.

-Officer Corr arrived at the hospital "flatlined". He did not have a pulse.

-Dr. Rubin describes a photograph of the fallen officer. We (including the family) do not see the photograph.

-Attempted more CPR. Chest tube was inserted in an effort to restart the heart. Unsuccessful. Officer Corr was deceased when he arrived at the ER.

-Officer Corr's family is doing a remarkable job of keeping their composure while hearing these difficult details.

Dr. Rubin off the stand at 9:50am.

Testimony - Day Three

Attorneys and family members have arrived in court. The gallery is only half-filled to capacity. Relatively smaller crowd compared to the first day of testimony (last Thursday).

NewsChannel 2 will once again be posting "live" updates on this blog. You can follow the developments almost entirely as they happen by hitting your "refresh" button all day long.

Don't forget to post your thoughts by clicking on "comments" following each update.