Wednesday, January 17, 2007

DNA Links Healy To Getaway Car

The final witness was Timothy Goble, another New York State Police forensic scientist. He offered what a Corr family member called "powerful" testimony.

-Healy's DNA was found in multiple places inside the getaway vehicle (especially the passenger side). This includes the blood found on the door, and samples taken from a soda bottle. There were four or five DNA matches.

-Odds that the DNA belonged to someone else? 1 in 300 billion. For perspective, the world population is roughly 6.5 billion.

Testimony resumes Thursday at 10:00am. As always, leave your thoughts on today's developments by clicking "comments", and scroll down for details on all the testimony thus far.

DNA Swabs

4:10pm. Tanika Biss, a State Police forensic scientist, takes the stand.

-Several DNA swabs were taken from the getaway car. They include swabs of blood.

-Investigators also made small cuts to articles of clothing linked to the crimes. Swabs were then taken from those cuts, which were from the mouth section of a ski mask, and nose section of ski goggles

The Rolex Watches

3:53pm. John Flaherty, the national advertising manager for Rolex, takes the stand.

-There are approximately 800 authorized Rolex dealers in the USA. Roughly 15 in upstate New York. Two or three in the Syracuse-Utica area.

-Jewelers must meet certain terms in order to be considered an authorized Rolex dealer.

-Flaherty testified that 1-800-367-6539 (1-800-36-ROLEX) is the number you dial if you seek information about Rolex purchases or to locate a dealer. Caller would provide a ZIP code, and would then be given the four nearest Rolex locations.

-Lennon's W.B. Wilcox Jewelers & two Henry Wilson Jewelers (from DeWitt & Syracuse) are listed on a report as official Rolex jewelers.

-In February 2006, four inquiries were made to the above phone number seeking information on Lennon's-Wilcox Jewelers. The number of the phone used for making the calls is unknown.

4:04pm. On cross-examination, Wittman seeks more details on the Rolex phone records.

Flaherty is off the stand at 4:06pm. He is followed by Tanika Biss, a NYSP forensic scientist.

The Gun

3:10pm. Dennis Lyons, a State Police firearms examiner out of Albany, takes the witness stand.

-He opens a box. He holds up a Smith & Wesson .40-caliber pistol. Serial number: PDC-0865. It is the weapon found beside deceased gunman Walter Richardson on February 28, 2006.

-Lyons testifies that the projectile (bullet) discovered during the autopsy of Officer Joseph Corr was fired from this gun and no other.

-Lyons displays the weapon again and is asked to demonstrate how it would be fired. He says, "Just so everyone knows this is a safe and unloaded weapon."

3:37pm. Wittman declines cross-examination. Back after a break...

Post your thoughts below by clicking "comments".

Forensic Analysis

2:38pm. Garry Veeder of the State Police Forensic Laboratory in Albany takes the stand.

-Veeder is meticulous about the way he handles evidence. 1) While on the witness stand, he would not open any evidence bag. Luckily (perhaps purposely), that part was already done by the previous witness. 2) He handles each piece of evidence with latex gloves. 3) He uses a fresh pair of gloves for each piece of evidence he handles. While this may not sound unusual under the circumstances, it is certainly a departure from what we've been seeing.

-Veeder testified that hairlike fibers taken into evidence (from Lennon's-Wilcox Jewelers) could have come from a glove also connected to the crime.

-Veeder is off the stand at 3:08pm.

Getaway Car Items

2:01pm. Testimony resumes with Investigator Egan.

-Egan continues to unseal evidence bags, remove their contents, and describe items that were originally found inside the getaway car.

-Egan holds and identifies the actual black Nike bag (that contained jewelry on February 27) found in the getaway car. He also opens a bag containing black gloves. Then, we see the pellet gun. No prints could be lifted from that gun.

-2:19pm. ADA Hameline is submitting item after item for identification. The items are then entered into evidence.

-Egan testified that he found no fingerprint evidence of John Healy or Walter Richardson on the items or in the car.

-On cross-examination, Wittman asked about the State Police evidence computers that store detailed records of evidence and the "chain of custody."

Egan is off the stand at 2:37pm.

Your Thoughts - Post Anytime

12:50pm. We break for lunch. Back at 2:00pm.

In the meantime, click on "comments" to post your thoughts on today's developments.

Keep checking www.wktv.com for breaking news.

Forensic Connections - The Getaway Car

12:24pm. John Egan, a NYSP Forensic Investigator out of Albany, takes the stand.

-We see photographs of the blue vehicle that crashed at the Kirkland Byrne Dairy. Egan testifies that the vehicle was analyzed at "the lab". Back window was shattered.

-We see a photograph of the driver's side floor and seat. A pellet gun is there. So is a bullet casing. Egan testifies that jewelry was found throughout the vehicle. We see additional shattered glass and an unfired bullet on a rear seat. Red stains that appear to be blood are pointed out.

UPDATE:

-A bag located on a back seat is seen in a photograph. We also see black gloves. The bag appears to be filled with plastic bags, envelopes, and jewelry. Egan testifies it was "pretty well filled." Diamonds, rings, pieces of jewelry in need of repair, sales slips with the name Lennon's W.B. Wilcox Jewelers were discovered among the contents.

-12:49pm. We are seeing a parade of photographs that link the car to the jewelry store robbery. We're up to People's Exhibit #170.

Simmons - The Evidence

11:54am. Michael Simmons of the Oneida Co. Sheriff's Department takes the stand.

-As has been the case for most of the day, we review the evidence-gathering process (including, but not limited to, how items were discovered, photographed, tagged, logged, stored, and analyzed).

-Wittman: "Why is there no Sheriff's Department evidence tag on People's #76 (a glove)?" Wittman is pointing out some apparent differences in the way a glove and a winter hat were collected compared to the process for other evidence.

-There is difficulty in this testimony determining where specific evidence was located between February 28 and March 2, 2006.

12:16pm. On re-direct, Hernon asks Simmons to identify Healy as the person from whom he obtained an oral swab.

-Hernon's questioning attempts to strengthen the details of the evidence-gathering process. Glove evidence (referred to as People's #76) was located at New York State Police lab during time in question.

Simmons is off the stand at 12:23pm.

Feels Like Florida

11:53am. As we come back from break, Judge Michael Dwyer says, "Everyone is complaining about the heat." He holds up the official Oneida Co. Court thermometer which reads 75 degrees. Unfortunately, the judge says he has little control over the thermostat.

Clearly, we're talking inside not outside.

Just so you know...

Hair-Like Fibers

10:16am. NHPD Sgt. Robert Philo answers questions from ADA Kurt Hameline.

-Philo photographed the damage at Lennon's-Wilcox Jewelers. Discovered hair-like fibers attached to plastic on a display case.

-Using scissors, Philo cuts open an evidence bag handed to him by Hameline. We see a paper bag with the case number on it. Now, Philo opens the paper bag. It is a (Philo's words) "Small sheet of plastic that has broken fragments of glass on it." There appear to be hair-like fibers on it. Now the item is received into evidence.

-11:27am. Philo opens another bag. We see a green mesh drawstring bag. It was discovered empty at the jewelry store.

-On cross-examination, Wittman questions whether specific close-up photographs were taken.

Philo is off the stand at 11:31am.

Back after a ten minute break. Scroll down for today's developments, and click on "comments" to post your thoughts.

Byrne Dairy Evidence Gathering

10:50am. Deputy Chad Chapman of the Oneida Co. Sheriff's Department takes the stand.

-On March 28, 2006 (a month after the shooting), he was assigned to assist in locating a bullet casing behind the Kirkland Byrne Dairy. He found what appeared to be the metal backing to Officer Joseph Corr's collar brass. We also see a photograph of the bullet casing found that same day.

-On cross-examination, Chapman testified that he took some of the photographs (but not all) of items connected to the crime. One photo by Chapman shows the do-rag. Some of the photos were dated April 10, 2006.

UPDATE:

-Additional questions surround the evidence tags produced by varying police agencies. Wittman: "Did anyone ask you to take a picture of any black glove found in a Kirkland police car?" Chapman: "Not to my knowledge. I have no idea where it came from." Wittman: "Nothing further."

Chapman is off the stand at 11:15am.

Shell Casing...Other "Evidence"

10:33am. Patrolman Michael Reilly of NHPD begins to answer questions from ADA Paul Hernon.

-Shell casing was found off of Route 5A (near Route 840 overpass) on March 13, 2006.

-A cup is given to Reilly on the witness stand. It contains the shell casing, which he then identifies. No cross-examination.

10:39am. Charles Haynes with the Oneida Co. Sheriff's Department testified that he photographed the evidence from March 13, 2006. We see photographs of a dented shell casing.

-On cross-examination, Wittman reviews the training necessary to become an evidence technician. Haynes testified that the shell casing was not the only piece of evidence secured that day. In the Lennon's-Wilcox parking lot, a dark knit glove was photographed.

-Latex rubber gloves, work gloves, and other "stuff" was found along Route 5A.

-Hernon clarifies on re-direct that so-called "evidence" is not "evidence" until it comes into court. Some "stuff" from March 13 may not necessarily be evidence.

Haynes is off the stand at 10:49am.

The Gloves. The Do-Rag.

10:04am: Defense attorney Rebecca Wittman begins cross-examination. Most immediate members of the Corr family are present. Tracie Corr is not.

-Inserra testified that he was with John Healy (now in custody) from 11pm until 4am February 27-28.

-Wittman's questioning surrounds the process used to gather property (especially clothing) from Healy on February 27. Pictures of the clothing have put us over 130 pieces of evidence.

-Inserra testified that he did not see, or was not present, when some of the evidence ($1 bill with bloody tissue paper, do-rag) was recovered the night of February 27.

-Glove found on Healy the night of the incident is coming into question. How was it recovered? Some apparent confusion from that night as to whether a second black item was misidentified as a do-rag, but was really a glove.

-On re-direct, Inserra testified about seeing injured knuckles on John Healy. Healy was not wearing gloves at the time. One glove and one do-rag were found in his pocket. (Aforementioned second glove was found in the back of a patrol car the next morning).

Inserra is off the stand at 10:31am.

Wednesday - Day Four

Day Four of testimony is set to get underway momentarily.

We expect to hear the cross-examination of NHPD Sgt. Michael Inserra first, followed by the testimony of forensic scientists who will help prosecutors link the crimes of February 27.

As always, you can hit "refresh" all day long to read new developments almost entirely as they occur.