 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Ogrod12/30/2003
large gash on its head approximately one-half inch wide, which was not actually bleeding at the time, but there was some seepage. Id. at 86-87, 94. Lieutenant Kelly showed the jury the box and pointed out some fluid and bloodstains that remained inside the box. Id. at 81. After the Medical Examiner removed Barbara Jean from the box, police preserved the box as evidence. Id. at 79. Lieutenant Kelly told the jury that detectives had determined that the Ward family had purchased the television and apparently discarded the box. Id. at 97-98; N.T. 10/2/96 at 38. 13 Notwithstanding that police attempted to identify fingerprints on the box and the bag, no prints have been identified as belonging to Appellant, Ross Felice or any other suspect. N.T. 10/1/1996 at 101-102, 106; N.T. 10/2/96 at 110-115.
The Commonwealth then presented the testimony of Dr. Haresh Mirchandani (Dr. Mirchandani), a forensic pathologist and the Chief Medical Examiner for the City of Philadelphia, who testified regarding the findings of his office, and Dr. Lucy Rorke (Dr. Rorke), a forensic neuropathologist, who testified regarding the internal examination of the brain of Barbara Jean. N.T. 10/1/1996 at 107. Dr. Mirchandani testified that the external lacerations on the head of Barbara Jean allowed him to determine with a reasonable degree of medical certainty that the cause of death was the blows to the head consistent with a metal rod. Id. at 117, 122. The internal examination by Dr. Rorke of the brain confirmed that the cause of death was blows to the head. Id. at 143.
John Fahy (Mr. Fahy), the stepfather of Barbara Jean, testified that on the afternoon of Wednesday, July 12, 1988, Barbara Jean was at home with him, at 7245 Rutland Street. Id. at 147. He explained that on the morning of July 12, Sharon Fahy (Mrs. Fahy), his wife and the mother of Barbara Jean, went to work. Barbara Jean dressed herself that morning in pink shorts and a multi-colored sleeveless shirt with pastel stripes. Id. at 151. Mr. Fahy fed her breakfast, played with her, and he then watched television with her. Id. at 149. They went to a small grocery market, came home and Barbara Jean had lunch. Id. at 152. Mr. Fahy estimated that at approximately 3:00 P.M. he started to clean the refrigerator and Barbara Jean, who was "in and out of the house most of the day," came in and asked if she could help. Mr. Fahy told her no and to go outside and play, which she did. Id. Barbara Jean went into their front yard to play. After forty-five minutes to an hour, Mr. Fahy went out to check on Barbara Jean. Id. at 153. Although he saw her toys in the yard, he told the jury that he did not see Barbara Jean and she did not return when he called to her. Id. at 153-154. Mr. Fahy proceeded to talk with some neighbors and look for Barbara Jean. Id. at 154. At 4:55 P.M., he "started getting really nervous" and called his wife. Mrs. Fahy told him to keep looking and that she would come home. Id. The sister of Mrs. Fahy came to the house and joined Mr. Fahy in the search for Barbara Jean. Id. at 154.
Mrs. Linda Green lived across the street at 7244 Rutland Street with her husband Charles, and Charles Green, Jr., a five-year old playmate of Barbara Jean. The Greens lived in Appellant's house. Id. at 155. Mrs. Green heard Mr. Fahy calling for Barbara Jean, but she did not see the child. At approximately 6:00 P.M., the sister of Mrs. Fahy, who had been out looking for Barbara Jean, returned in a police vehicle. Id. at 159. Soon after, Lieutenant Kelly arrived and told the Fahys that the body of a child had been found nearby in a television box. Id.
The testimony of Mrs. Fahy was brief. She stated that she gave Lieutenant Kelly a photograph of Barbara Jean 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.
|
|