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Commonwealth v. Ogrod12/30/2003
then called Michael Massi (Mr. Massi), a sixty-eight year old man, who on July 12, 1988 was the sales manager of an automobile dealership. Id. at 156. Mr. Massi testified that on that day at approximately 5:00 or 5:30 P.M. he had stretched out in a chair and was looking from an office window and onto Saint Vincent Street. Id. at 157. He said that he saw a man approximately twenty-five feet away carrying a television box Id. at 158, 162. The man held the box in such a way that Mr. Massi could see printed on the box the words "color television, inches." Mr. Massi identified the box the prosecution had marked as an exhibit, describing it as the box he saw the day the body of Barbara Jean was discovered. Id. at 157. Mr. Massi explained that he thought that the box was heavy because when the man "got on the other side of Saint Vincent Street, he laid the box down, so as to sort of catch your breath." Id. at 158. After carrying the box down the sidewalk in front of a church on Saint Vincent Street, the man then started to drag it by a plastic bag that was sticking out of the box. Id. at 158-161. Mr. Massi told the jury that he never saw the face of the man, that he only "saw the back of his head, and maybe a little profile of the right side, but that's about it." Id. at 166. He said that the man was Caucasian, with dark brown or black hair, and estimated that the man was in his early thirties, was between 5'6" and 5'9" in height and weighed approximately 170 pounds. Id. at 168-169. Mr. Massi could not identify anyone in the courtroom as the person that he saw. Id. at 168.
David Schectman (Mr. Schectman) was the next Commonwealth witness. N.T. 10/1/96 at 9. He testified that in 1988, he lived at 1429 Saint Vincent Street. Id. at 10. He explained that at 5:12 P.M., he was sitting on the tailgate of his Chevrolet station wagon reading a newspaper. His wife, Lorraine, was in the passenger seat. They were waiting for their children to return home in the camp van before leaving for Lorraine's doctor appointment. Id. at 10-11. Mr. Schectman testified that he saw a man near the church approach his house alternately carrying a 13-inch color television box and dragging it by a plastic bag that was inside the box. Id. at 11-14. Mr. Schectman identified the 13-inch color television box in court as the box he saw the man with on July 12, 1988. Id. at 13-14.
He testified that he observed the man walk up his steps. Id. at 13. Mr. Schectman told the man not to leave the box because the trash had already been removed. Id. at 13, 17. Mr. Schectman testified that the man said that he thought that Wednesday was trash day but Mr. Schectman told him that trash day was Tuesday and that it had been picked-up already. Id. at 17, 32-33. Mr. Schectman also asked the man what was in the box. The man said that it just contained some old junk. Id. When the man continued on his way, Mr. Schectman turned his attention to a newspaper delivery boy who had just arrived. Id. at 16, 22. At 5:23 P.M., the Schectman children came home, and Mr. Schectman testified that he lost track of the man with the box. Id. at 16. At 5:26 P.M., Mr. and Mrs. Schectman drove away from their house to go to Lorraine's doctor appointment. Id. at 16-17. As they drove west on Saint Vincent Street, Mr. Schectman saw the 13-inch color television box in front of 1409 Saint Vincent Street, but they continued to the doctor's appointment. Id. at 17.
Mr. Schectman testified that when they returned, police had blocked off the street. Id. at 18. He looked up the street and recognized the color television box. He approached the scene and told police that he had seen the box being carried. Id. at 19. Mr. Schectman admitted that he only saw the man's face briefl
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