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Commonwealth v. Ogrod12/30/2003
llant threw them away. "He said he then went home and was peeking out the windows looking for Barbara Jean across the street." Id. at 11. Mr. Banachowski told the jury that Appellant admitted to stalking her twice before because he wanted to molest her and kill her. Id.
After a while, he seen Barbara Jean coming out, and he said sure enough, she would come out like clockwork, and he stood in his doorway making kissing noises at the little girl, hiding. He was hiding so she wouldn't see him. She started looking around to see where the kissing noises were coming. When she realized it was across the street, she came running over. He gave her a chocolate Hershey's kiss and then took her to the basement.
Id. at 12. According to Mr. Banachowski, Appellant told him that he took her to the basement and "tried to get her to perform oral sex on him." Id. When she became frantic, Appellant hit her with his hand and "she became hysterical and she tried to get away, so Walter grabbed her and threw her on the ground and ripped her clothing off and tried to have intercourse with her." Id. at 12-13. "He said that she was too small to enter. He became enraged, tried to grab an electrical cord he had placed in the basement, but it was missing . . . then he grabbed a weight bar and smacked her in the head with it." Id. at 13. Mr. Banachowski testified that Appellant told him that he disposed of the body in a television box and left it on Saint Vincent Street. Id. at 14.
In January of 1995, and again later that year, Mr. Banachowski wrote letters to representatives of the Office of the District Attorney of Philadelphia and told them that Appellant had admitted that he murdered Barbara Jean. The letters provide a detailed account of the manner in which Mr. Banachowski claimed that Appellant told him that he stalked, assaulted and killed Barbara Jean, and disposed of her body. Counsel for Appellant read the two letters into evidence during his cross-examination of Mr. Banachowski. N.T. 10/4/96 at 31-60. Defense counsel also reviewed the statement Mr. Banachowski gave to Detective Michael Gross (Detective Gross) on March 20, 1995, after he wrote the letters to the Office of the District Attorney. Id. at 63. In that statement, Mr. Banachowski explained that he wrote the letters in his own handwriting, that no one advised him to write the letters, that he was in no way involved in the murder, and that no one in law enforcement promised him anything in return for writing the letters. Id. at 64-66.
When police asked him why Appellant would talk to him, Mr. Banachowski stated that he believed it was because he did not make fun of Appellant. Id. at 66. Other prisoners would "say things like Baby In the Box" to Appellant; who would respond, "Wack um and Sack um." Id. at 68. At the end of the statement, Detective Gross instructed Mr. Banachowski that he was no longer permitted to start any conversation with Appellant regarding the Barbara Jean Horn case, and he agreed not to do so. Id. at 69. Defense counsel elicited testimony that Mr. Banachowski pled guilty to the charges against him two days after the interview with Detective Gross and he characterized his sentence of three years and four months plus three years probation for three attempted burglaries and parole violations as a bargain. Id. at 75. However, he also stated that no one asked him at the time of the sentencing whether he would testify against Appellant. Id. at 80.
At this point, the Commonwealth rested its case.
Appellant called Jonathan Jones (Mr. Jones). He testified that he was a resident of 7160 Rutland Street in 1988. Id. at 92. Defense counsel showed Mr. Jones a picture of Ross Felice (Mr. Felice). Id
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