Thursday, January 18, 2007

Nearing The End

4:28pm. Judge Michael Dwyer decides to halt testimony for the day. We had anticipated the dramatic testimony of Lennon's employee Leslee Liesch, but that will have to wait until tomorrow.

The prosecution expects to call just two more witnesses Friday. The defense will follow with about one additional hour of testimony.

Tomorrow will be a short day of testimony, beginning at 9:45am. Closing arguments will not take place until Monday, meaning the jury will not begin deliberations until then.

Scroll down to read through all of today's developments, and click on "comments" to post your thoughts.

"That's a strange place for a drug deal."

4:01pm. Deborah Roberts of Clark Mills takes the witness stand.

-On February 27, Roberts testifies that she visited the Commercial Drive Hannaford around 7:45pm with her daughter.

-We see a receipt. She bought Charmin toilet paper (moment of laughter) and left Hannaford at 7:55pm, heading next for the nearby $1 store. She then noticed a blue car and a second car (goldish color) parked next to each other. Two black males in gold car. Blue car? Couldn't tell.

-Her initial thoughts? "That's a strange place for a drug deal." Roberts testifies that she and her daughter then went into the $1 store. Exited store at 8:13pm. Both cars were gone.

-Roberts testifies that she drove toward Clark Mills (Route 5a to Route 5). Noticed nothing unusual at Lennon's. Her daughter wanted her to stop at the Kirkland Byrne Dairy. "No, it's too late."

-4:14pm. Roberts testifies that she heard (on the family police scanner) about a car accident/fire at the Byrne Dairy a few moments later. Called her son and told him to come home.

-We have roughly 229 pieces of evidence.

Roberts is finished at 4:25pm.

"Just a gut feeling that something wasn't right."

3:36pm. Dr. Julie Shkane (Louis's wife) takes the witness stand.

-We hear testimony similar to that of her husband. After her husband was done filling the gas tank, she asked him, "What took you so long?"

-Dr. Shkane testifies that she felt a little "funny/nervous" about the situation. "Just a gut feeling that something wasn't right."

-Regarding a conversation with police February 28, Dr. Shkane testifies, "I was afraid that nobody knew about a second car."

Dr. Shkane is off the stand at 3:59pm.

Pre-Robbery Directions

2:39pm. Louis Shkane of New Hartford begins to testify.

-Shkane testifies that he was with his wife and two children on the evening of February 27, 2006, before the robbery.

-Went to wash his vehicle at Precision Wash in Washington Mills. Then, he drove to the E-Z Mart gas station on Kellogg Road. He began to fuel his vehicle. Then, he noticed two vehicles pulling into the gas station at the same time.

-The first vehicle was a midnight blue Buick. Its driver said, "Excuse me, can you give me directions to Commercial Drive?" Shkane: "Where are you going?" Driver ignored the question. Shkane: "That's okay, that's none of my business. This is what you do." Shkane then directed the man back to Route 8.

-Shkane testifies that he noticed the arm of a passenger in the first car and at least two other people in the trailing vehicle. After he gave directions to the driver of the first vehicle, that man thanked him and departed the station. The second car followed.

UPDATE:

-3:00pm. Shkane testifies that Routes 8/840 are close to Lomond Place in Utica. Earlier, we learned one of the cell phone towers contacted by John Healy's phone was located at Lomond Place.

-Shkane identifies a picture of the man to whom he gave directions. It is Walter Richardson. He then identifies a picture of the crashed Buick as the one Richardson was driving.

-Shkane cannot testify as to whether Healy was in one of the two cars he observed.
-On February 28, he contacted the police upon learning about the robbery/homicide.

Shkane is off the stand at 3:22pm. Back after a ten minute break. As always...post your thoughts by clicking on "comments."

The Return Of The Do-Rag

2:15pm. Investigator Michael Simmons of the Oneida Co. Sheriff's Department is once again called to testify. He is the first witness to make more than one appearance on the stand.

-We are seeing several pieces of evidence already identified throughout the trial including jewelry and credit cards found on the defendant the night of the robbery/homicide.

-2:24pm. On cross-examination, Wittman produces a receipt that indicated two do-rags were received during a March 2006 evidence transfer between the Sheriff's Department and New Hartford Police.

Wittman: "Did you make any effort to photograph the second do-rag?"
Simmons: "There was no second do-rag."
Wittman: "When did you realize?"
Simmons: "Not until very recently."

As testimony has shown already, what was originally identified as a second do-rag was actually a glove.

Simmons is off the stand at 2:38pm.

"Were you injured?"

2:01pm. Direct-examination continues with Stephen Lennon.

-We see a $5400 diamond engagement ring (with a Lennon's SKU tag) recovered from the robbery plus two Rolex watches valued at $4,050.00 and $5,350.00.

-2:09pm. On cross-examination, Wittman asks Lennon to specify how long the robbers were in his store. "Three and a half to five minutes," he says.

-Was he injured during the robbery? No. Was any property stolen from him personally? No.

-On re-direct, Hameline asks about the responsibilities of Lennon's employees, including Leslee Liesch, whose testimony we expect to hear later today.

2:12pm. Stephen Lennon is off the stand.

"Push the button, we're getting robbed."

12:31pm. Stephen Lennon, part owner of Lennon's-Wilcox Jewelers, takes the stand.

-Lennon testified that on February 27 he was working on a customer's necklace when cousin Gary Lennon said, "Push the button, we're getting robbed."

-Heavyset black man with a mask rushed at Stephen, holding a gun. "Get on the (expletive) floor!" he said. Man asked where the videotapes were. Gary showed him to the video surveillance area.

-Stephen had recently read a trade magazine article on what to do during a jewelry store robbery. He did not make eye contact with the robbers. He looked straight at his hands.

-Stephen testified that he was moved from the floor of the workshop to the vault. He was grabbed by the back of his collar. "Get up!" a man said. Stephen was then tied up with the cords used for the video surveillance system. Later, he was able to free himself from the loose ties.

UPDATE:

-12:43pm. Stephen identifies the robbers' bag used to collect the stolen merchandise.

-Stephen saw two robbers in the store. He heard another man saying, "Just shoot 'em, just shoot 'em." He also heard cases being smashed. Robbers left. 911 was then dialed.

12:49pm. We break for lunch. Scroll down for all of today's developments, and click on "comments" to post your thoughts. Back at 2:00pm.

"Cell Phone Autopsy"

12:17pm. Richard Berry of the New York State Police (Sidney barracks) takes the stand.

-Berry testifies that on March 3, 2006, he examined the phone obtained from Healy. He saw outgoing/incoming/missed calls, address book, text messages, etc. Berry affirms that the number of this phone is (267) 235-1712.

-Names such as "Wakil" (Walter Richardson's street name, according to previous testimony), "Dump", and "RB" are listed within the phone along with numbers.

12:30pm. Berry is off the stand after Wittman again declines cross-examination.

Phone Communications

11:35am. We are back with Dan Jensen of Sprint-Nextel.

-We are hearing, at-length, the intricacies of a "call detail report".

-February 22. Call made from (267) 235-1712 [the number of the phone found in Healy's jacket pocket] to 1-800-367-6539 [1-800-36-ROLEX]. We hear testimony of other cell phone calls made to and from that (267) number.

UPDATE:

-12:02pm. Jensen testifies that the cell towers used to connect multiple calls from the 267 number on February 23/24, 2006, (four days before the robbery) are located in Philadelphia, Albany, Norwich, Utica, and Seneca Turnpike in New Hartford.

-February 27 (the day of the robbery). Documents show more phone calls involving the 267 number starting around 1:00pm, proceeding throughout the afternoon and evening. Cell towers used include those located in Philadelphia and Binghamton.

-February 27, 7:42pm (approximately 40 minutes before the robbery was reported), a call from the 267 number involved a cell tower based in Utica. From there, calls were routed to voicemail.

-12:15pm. Jensen is off the stand after Wittman declines cross-examination.

FBI - Computer Evidence

10:41am. FBI special agent James McDonald (based in Philadelphia) takes the stand. ADA Paul Hernon takes over direct-examination.

-McDonald testified that he obtained computer evidence from the home of Cheryl Brown. Hard drive copy was made. Computer then returned.

-He looked at what's called a computer storage account titled "Big Toot". 33 different files of interest.

-We look at temporary Internet files from February 12, 2006. We see evidence of a Mapquest search for directions from a Philadelphia address to 4571 Commercial Drive, New Hartford (Lennon's-Wilcox Jewelers). February 22: Google search for Rolex watches, police communication scanners, authorized Rolex dealers.

-Unsuccessful Internet searches were also made for "Lennons.com", "WBWilcox.com", "Wilcox.com" and other variations.

-Mapquest route recommended (from Philadelphia) taking I-81 to Binghamton to Rte. 12 North.

-Defense attorney Rebecca Wittman declines cross-examination and McDonald is off the stand at 11:17am. Back after a ten minute break.

Leave your thoughts by clicking "comments" below.

March 14, 2006 - Healy's Phone Call

10:29am. ADA Kurt Hameline introduces the CD and transcript of recorded phone calls as evidence. We're up to 208+ exhibits.

-We hear portions of a 26 minute call between Healy and Cheryl Brown recorded at 1:41pm on 3/14/06

-The following are only excerpts of what Healy said during the recording.

Healy: "Yo, what's up? You find the web site? Erase everything outta there. Don't get to panickin' or nuttin'. Probably some directions. Get Hoddie to do it, he's the one that erased that [expletive] before."

Beatty is through testifying at 10:40am.

Healy In Jail - Threat Assessment

10:07am. The courtroom is 70 degrees and there were parking problems for members of the jury. We are now up to date courtesy of Judge Michael Dwyer's "morning briefing". Onto to the task at hand...

-All immediate (and some extended) members of the Corr family are with us today.

-Deputy Rebecca Beatty, of the Oneida Co. Jail, begins testimony on a "threat assessment" she conducted with defendant John Healy.

-Beatty testified that Healy's girlfriend, Cheryl Brown, established an account to make calls to Healy while he was in the Oneida Co. Jail. Calls are monitored and can be recorded by jail staff.

-Beatty had multiple one-on-one conversations with Healy at the jail. She then testified that Healy had well over one hundred hours of phone conversations with Brown. We see a CD of recorded phone calls. We appear headed toward a playback of these conversations.

Thursday: 15 Witnesses

We'll be getting underway shortly...

Prosecutors said there is the potential to call 15 witnesses today. If that happens, that would just about wrap up their case. Then, we'd move onto any defense witnesses. It is unlikely (but still not completely out of the question) that Healy himself will be called to the stand.

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