John T. Healy: Guilty On All Counts

4:35pm. Assorted family members, friends, police officers, investigators, and attorneys lingered in the courtroom for roughly an hour following the verdict. Their attention will soon move toward the trials of two other suspects (Marion Pegese and Robert Ward, both currently in custody), but there is no clear timetable on when those trials will commence.

Post your thoughts on the verdict by clicking on "comments" below.

Also, check http://www.wktv.com/ to watch an impressive array of video from today's proceedings.

Murder: Guilty

3:31pm. John T. Healy has been found guilty of murder in the 2nd degree.

-There was little audible reaction from the gallery. There are, however, many tears from members of the Corr family.

-Sentencing: Thursday, March 22nd at 9:30am.

-Members of the gallery clapped when Healy was escorted from the courtroom. He appeared to clap his hands back at them.

-3:39pm. There are many hugs and handshakes to go around. Quiet satisfaction from the family and NHPD officers to the prosecutors.

Robbery: Guilty

3:29pm. John T. Healy has been found guilty on all 18 robbery counts. Healy sits in silence.

Verdict Reached

3:20pm. A verdict has been reached. The courtroom is being filled.

3:25pm. The ceremonial courtroom is filled with approximately 100 people: Members of the Corr family, New Hartford Police Officers, witnesses who testified during the trial, and many others.

The jury has not yet entered. Three armed guards surround Healy. Others guard the exits.

Keep it here...

Waiting It Out...

2:47pm. Deliberations continue. Family members are passing the time outside the courtroom by talking, playing cards, or reading quietly.

-Jurors asked to review certain items of evidence, including cell phone records.

NEWSChannel 2's Coverage Plans for the Verdict

Here is a look at NEWSChannel 2's plans for coverage once a verdict is reached:

• When a verdict is reached, we will send out a NEWSChannel 2 Alert to those who have signed up for the "breaking news" group. This message will be sent about 15 minutes before the verdict is announced in court. If you haven't signed up click here:
  
  http://cas.clickability.com/cac?a=30711&n=12391&d=88596&c=3031
  
  ***MAKE SURE YOU SIGN UP FOR THE BREAKING NEWS GROUP***
  
• NEWSChannel 2 will cover the verdict LIVE on WKTV when it happens. Vic Vetters will anchor a special report.
  
• Andy Jenks will continue to blog from inside the courtroom during the reading of the verdict.
  
• As soon as the verdict is announced we will again send out a NEWSChannel 2 Alert to the "breaking news" group.
  
• We will post video of the verdict being announced in court on WKTV.com. This should be on the site within 10 minutes of the announcement.
  
• NEWSChannel 2 will also post extended video clips with reaction from the key players in this trial.

This is our game plan as of right now. We will keep you posted if any changes are made to the plan.

Jerry Walsh - WKTV

Deliberations Begin

1:19pm. The jury retires to the deliberation room. It is unclear if the (now) eight women and four men will break for lunch or move immediately into deliberations.

-Wittman (after consulting with Healy) consents to allowing the remaining three alternates to leave. From this point, if a juror cannot complete the deliberations, the process will continue without a replacement.

-When there is a verdict, it will be read in the ceremonial courtroom across the hall. NewsChannel 2 also intends to broadcast the verdict live when it is read.

We will remain in court to bring you the latest developments on this blog as they occur. Scroll down to read through today's proceedings and click "comments" to post your thoughts.

The Murder Count

1:03pm. Murder in the second degree. Dwyer: "When in the course or commission of robbery in the first or second degree, or immediate flight therefrom, that person causes the death of a person other than one of the participants."

-Healy as a blank expression on his face.

-There are 231 exhibits. While deliberating, the jury has the right to view each and every one of them. They are stacked in boxes and folders here in the courtroom.

The 18 Robbery Counts

12:37pm. Dwyer (reading from a script): "Mere presence at the scene of a crime does not, by itself, make a defendant criminally liable for that crime. You must find 1) that he aided those other persons to engage in that conduct and 2) that he did so with the state of mind required for the commission of that offense."

-Definition of robbery: "Forcible stealing." "When such person takes or withholds property from the owner of the property."

-12:45pm. Six counts, robbery in the first degree (involving the six Lennon's owners/employees): "When a person forcibly steals property, and in the course of the crime or immediate flight therefrom, that person (or another participant) causes serious physical injury to any person not involved in the commission of the crime."

-12:51pm. Six more counts, robbery in the first degree (same as above, but include "The defendant, or another participant, was armed with a deadly weapon.")

-12:57pm. Six more counts (for a total of 18), robbery in the second degree. "That John Healy, or by acting in concert with others, forcibly stole property, and was aided in doing so by another person actually present."

The Charges/The Laws

12:16pm. Before deliberations begin, Judge Michael Dwyer (reading from a script) must now instruct the jury on the laws that apply to this case. Healy is paying attention. He leans on his desk. Elbows on table. Arms crossed.

-Dwyer: "You should be guided by your memory of the evidence. You do not have to accept the arguments of the lawyers."

-12:29pm. This part of the trial is formality, but it is a lengthy one. Dwyer: "It must appear that the inference of guilt is the only one that can be reasonably drawn from the facts."

In the meantime, post your thoughts by clicking on "comments" below.

"We got mountains of evidence."

12:03pm. Hameline's summation continues...

-"They came like invaders, and take [the merchandise] to Philly, where they could sell it. They had their faces covered, handguns, bags, they took systematic control of Lennon's."

-"Even if Joe Corr knew what was going to happen that night, he probably would've put his uniform on and gone to work. But we're not here to praise Joe, not here to make him a hero."

-12:09pm. On the suspects: "They put in motion a series of events that led to Officer Corr's death. It's about causation, foreseeability."

-Hameline: "We got John T. Healy. He's surrounded by proof. If felony murder doesn't apply in this case, then it doesn't apply in any case." (Long pause).

Hameline is finished at 12:14pm.

"Custody is not an issue."

-Richardson crashed the car because he was attempting to avoid an apparent roadblock by turning right onto Clinton St., but the car was moving too fast and ended up at the Byrne Dairy.

11:42am. Hameline: "These clowns came from Pennsylvania. They just crashed their car. They don't know where the hell they are! Richardson gets to the woods. He's waiting to see if Healy's going to make it."

-"Custody is not an issue. He was squirming and wiggling when the shot went off." "He cannot absolve himself from liability even if he was in total custody and control."

-11:53am. "Their greed overrode concern for anyone else. And that's why we have a felony murder statute."

-After Hameline reviews cell phone records, he says, "He's [Healy] not just along for the ride. He's a mover and a shaker in this case."

-"He had $42,000 in jewelry and watches from Lennon's. He was in the store."

Continued above...

"What's he doing in New Hartford, NY?"

11:27am. Hameline continues with a display of pictures identifying the four robbery suspects (including Healy) and their street names.

-Hameline challenges Wittman's earlier attempt to "humanize" Walter Richardson. Moments before he was killed, Richardson ended up shooting at a U.S. Marshal (wearing a bullet proof vest) in Philadelphia. "Real sorry, eh?"

-Everything was recovered except 28 Rolex watches. "Where did they go?" Perhaps with Mr. Pegese and Mr. Ward, who nobody knew about until the Shkanes came forward with details of a second car. "What does that do for their credibility?"

-11:39am. On Healy: "We know he's from Philadelphia. What's he doing in New Hartford, NY?"

Continued above...

"We haven't held back."

11:15am. Prosecutor Kurt Hameline begins his summation (as Wittman did) by thanking the jury. We have a new vantage point at the front of the courtroom, from which we can observe Healy's facial reactions.

-On the evidence: "We haven't held back. Whether it's good or bad, you've seen it all."

-On the police misidentification of the glove: "The glove has taken on a life of its own. That was a mistake. We don't live in a perfect world."

-"Each [Lennon's] employee was threatened."

-On the Prada shoes identified as being worn during the robbery: "If you look at Mr. Healy, I think he's got Prada shoes on now!" In a strange gesture, Healy raises his feet as if to confirm Hameline's statement.

Continued above...

"You're not just a rubber stamp."

11:01am. Wittman continues her summation.

-"Members of the jury, don't just return the verdict the people await. You're not just a rubber stamp."

-"Innocent is not one of your choices. Not guilty can mean a lot of things."

-"Follow your conscience. Follow your instructions. I'm sure you will return a fair and just verdict. Thank you."

Wittman has concluded her summation at 11:03am. We will break for five minutes before hearing from the prosecution.

As always, leave your thoughts by clicking on "comments" below.

"This is what it all boils down to."

10:49am. 40 minutes and counting. Wittman's summation continues...

-We turn to the action at the rear of the Byrne Dairy, February 27, 2006.

-"This is what it all boils down to." Wittman argues that Healy is being cuffed when the shot is fired on Officer Joseph Corr, therefore he is in custody and not responsible for the actions of gunman Walter Richardson. "At that point can he do anything to stop Walter Richardson?"

-On Walter Richardson [paraphrasing]: "I'm not saying he's a nice guy. But if he's such a scumbag, why didn't he shoot Joe Bolton [Kirkland tow truck driver]? Why did he tell the officer [from New Hartford P.D.] to apologize to Corr's wife?"

-"John Healy, whether we like it or not, is a citizen. He's a citizen entitled to the rights that all of us are entitled to. There's no question here who's the David and who's the Goliath. You name the law enforcement agency, it is behind the prosecution of John Healy. But he has the right to an unbiased and fairminded jury."

Continued above...

Defense Summation Continued...

10:31am. Wittman continues to detail the path of the glove, including its unclear chain of custody from agency to agency.

-"There is no tag. There is nothing in evidence that says this came back to the Sheriff's Department."

-[Paraphrasing] "I don't have to tell you that's not how evidence should be handled. But the glove problems that are completely unanswered don't end with the glove. Does the case rise and fall on this issue? No. It is unclear whether he was wearing a glove."

-On fibers from a glove that were found on a broken Rolex case: "How can he be breaking a Rolex case at the same time, the theory is, that he's in the back office standing on [Lennon's employee] Leslee Liesch's arm?"

-10:48am. Wittman: "They wanna show that Mr. Healy was an immediate flight from the Lennon's robbery."

Continued above...

"How do we know that other stuff is reliable evidence?"

10:09am. John Healy's defense attorney, Rebecca Wittman, begins her summation (closing argument).

-"Keep an open mind, and hear me out."

-We again hear about the misidentified glove/do-rag.

-On Dr. Julie Shkane's testimony, who did her own Internet search on the type of vehicles she witnessed at a Washington Mills gas station February 27: "I'd ask you to think about incidental contacts you have with people. If someone asks you for directions this morning, would you be lucky to remember where they were going, much less details about the vehicle they were driving?"

-On the robbery: "Nobody in Lennon's identified anybody. Nobody in Lennon's identified anyone with a beard."

-10:23am. On the glove: "Why harp on the glove? If the glove wasn't properly handled, how do we know that other stuff is reliable evidence?" "Why wasn't the glove tested for DNA?"

Continued above...

Final Instructions

10:07am. Judge Michael Dwyer instructs the jury: "Nothing the attorneys say to you today is evidence in this case."

UPDATE:

-One juror (a female) will not participate in the remainder of the trial due to a death in the family. Alternate #1 (a male) will take her place.

Early Arrivals

We won't get underway for at least 20 more minutes, but our courtroom is filling up quickly. Assorted members of the Corr family have taken their seats, and media from Utica, Rome and Syracuse have taken their positions along the front wall.

UPDATE: As of 10:04am, attorneys are present, but we are still waiting to begin.

Decision Day

We'll move back over to the larger ceremonial courtroom on the 5th floor to accommodate the expected large crowd for today's proceedings.

**UPDATE: I stand corrected. Closing arguments will still take place in Judge Michael Dwyer's courtroom. We'll move across the hall if a verdict is reached today.**

Closing arguments begin at 9:45am. As always, we'll be posting updates on this blog almost entirely as they occur. Keep hitting "refresh" all day long for the newest developments.

Also, check out our "on-air" coverage plans (including a live broadcast of the verdict being read) by visiting http://www.wktv.com/