 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Ogrod12/30/2003
y but provided police with a description of the man as a white male between 20 and 25, about 5'8" in height, 165 pounds with sandy colored hair. Id. at 21-22. Mr. Schectman could not identify Appellant in court. Id. at 24.
Mr. Schectman admitted on cross-examination that on January 13, 1989, he had identified another man as the person he saw carrying the television box on July 12, 1988, and gave the police a statement. Id. at 43. The statement recorded that on January 13, 1989, a detective transported Mr. Schectman to a local gym. Mr. Schectman identified a man and gave the police the following statement after he exited the gym, which stated, in relevant part:
As I moved and turned to get a look at the male seated on the bench behind me, this male looked at me. He became nervous, turned his head away, when I looked, he sort of had his head down, not watching the males playing ball. I, at once, recognized this male as the male I had seen carrying the TV box west on Saint Vincent Street on July 12, 1988, the box west on Saint Vincent Street on July 12, 1988, the box Barbara Jean Horn's body was found in . . . . This male stood up, turned his head away from me and walked away from me out of the gym. I let him get out of the gym, then I walked out.
Id. at 43-44. Defense counsel read the foregoing statement and pointed out that at the time detectives asked him whether he was positive that the man he identified was the one that he saw. Mr. Schectman had responded that he was "very positive. No doubt in my mind whatsoever." Id. at 44. He also said that he could not say whether the man he saw in the gym was Appellant. In fact, it appears that the man at the gym was a man named Ross Felice (Mr. Felice), whom police had suspected, but never charged with any crime. Id. at 46-47; N.T. 10/4/96 at 105.
Lieutenant Maureen Kelly (Lieutenant Kelly) was the first police witness the prosecution called to the stand. N.T. 10/1/1996 at 72. In July of 1988, Lieutenant Kelly was a sergeant in the Homicide Division of the Philadelphia Police Department. Id. at 73. She told the jury that on July 12, 1988, she responded to a call at 1409 Saint Vincent Street and arrived at approximately 6:45 P.M. with other detectives who were members of the Homicide Division. Id. at 74. She testified that when she arrived, other officers had blocked off the 1400 block of Saint Vincent Street and uniformed police officers protected 1409 Saint Vincent Street. Id. Lieutenant Kelly and the other detectives observed the television box, opened it and saw the body of a young child in the box. Id. at 74-75. Soon after, she learned that a little girl who lived at 7245 Rutland Street, approximately a block and a half away, was missing. Id. at 75-76. Lieutenant Kelly went to the Rutland Street home of the parents of Barbara Jean, Sharon and John Fahy. She told them that police had found a television box nearby and that the box contained the body of a child. Lieutenant Kelly told the Fahys that she did not know if the child was their daughter. Id. at 76. The Fahys identified the body at the office of the Medical Examiner as the body of their daughter. Id. at 76.
The Medical Examiner had opened the box in the presence of Lieutenant Kelly, who told the jury that when she looked inside she saw a green trash bag covering the dead body of Barbara Jean. Id. at 80-81. Lieutenant Kelly testified that Barbara Jean was completely nude and she was in a fetal position lying on her side. Id. at 85. Lieutenant Kelly did not observe any blood on the body, but the child's hair was matted with blood. Lieutenant Kelly explained that she thought that the body had been washed. Id. at 86. The body had bruises on the shoulders and a
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|