ITHACA - At the Tompkins County Courthouse, the murder trial of James Chad Heath continued Wednesday with prosecution and defense latching onto a wildly inconsistent interrogation transcript from former codefendant Bradley Libbey.
The transcript concerns the disappearance and death of Sempronius resident Eric Tallman and assigns blame in a random fashion.
In November, Tallman was attacked in Libbey's trailer home. Tallman was later found dead, stuffed into a car discovered in Cortland Memorial Hospital's parking lot. Heath, 25, of Endicott, is facing two second-degree murder and assorted other charges. The incident stemmed from a drug-trafficking trip to Texas that ended in the arrest of Heath and others, who later blamed Tallman.
Earlier this month, Libbey, 26, of Dryden pleaded guilty to first-degree manslaughter. He took the stand Tuesday and Wednesday. A third co-defendant, Heath's girlfriend Michelle Lee Malmberg, 25, of Cortland, pleaded guilty in April. She is expected on the stand by week's end.
In keeping with his attempt to undermine Libbey's plea bargain, Miller opened by asking if he'd spoken with anyone or reviewed any document since he left the stand Tuesday. Miller seemed to imply someone in the district attorney's office may have coached Libbey.
In return for testifying against Heath, Libbey's 25-year sentence was reduced to 13 years. As previously shown, Libbey's court testimony and police statements differ considerably.
"If you were to deviate or change it on the stand, the deal would be off," Miller said. "You understand that."
Miller emphasized earlier statements seemed to confirm the spontaneous nature of a "fight" between Heath and Tallman, as well as Libbey,s active involvement.
"The reason, Mr. Libbey, you know (Tallman's) jaw was broken and nose was shattered, you grabbed his head and pounded it into the trailer three times," Miller said. Libbey denied laying a hand on Tallman.
After the incident, Miller said Heath wanted to take Tallman to the hospital but Libbey didn't. Libbey said he supported the idea, but didn't want to go himself.
"The reason you didn't want to go to the hospital, you were concerned about going back to the trailer and cleaning the evidence up," Miller said.
Libbey agreed that was a partial reason. But, Miller persisted, and told the jury Libbey had another idea. "Let's take him out to the woods, burn the car and get rid of the evidence," Miller quoted Libbey as saying before Heath drove to the hospital.
Presumably, this account comes from Heath or Malmberg.
Miller also took time to establish possible future witnesses, including a corrections officer who had a jail dispute with Libbey and the EMT who took him to the hospital after his stomach illness acted up.
In turn, once District Attorney George Dentes had a chance to redirect Libbey, he addressed other parts of the statement. He found numerous accounts that greatly differed from Miller's selections.
In one passage, Libbey said he could have tried to stop the fight but would have been unsuccessful. "Cause (Heath) is psycho. He's touched in the head. I'm not scared of Heath. I'm scared of what he can do,'" said Dentes, reading Libbey's statement. "'He didn't mean to go that far.'"
In another passage, Dentes quoted Libbey as stating he found Tallman's necklace under the couch. Miller had argued Libbey tore it off Tallman.
'I found the necklace. I never held the kid. I never touched him. Chad was going (expletive) ballistic. I didn't want no part of this to begin with,' read Dentes.
Dentes also asked Libbey if he was the one who suggested the hospital trip. He said he was.
Subsequently, Miller's recross was brief and aimed to cast even more doubt over Libbey's web of conflicting testimony. In particular, Libbey was unable to explain the exact time he slid on a pair of gloves he used when carrying Tallman to the car.
Two state police forensic experts from Albany appeared in the afternoon. Russell Gettig, a DNA specialist, explained blown-up posters which contained samples of blood.
The blood of Tallman and Heath was found on numerous items. Gettig said it wasn't likely to have been anyone else's blood. "The probability of finding individuals with that (DNA) profile is less than one in 300 billion," he said.
In November, Tallman was attacked in Libbey's trailer home. Tallman was later found dead, stuffed into a car discovered in Cortland Memorial Hospital's parking lot. Heath, 25, of Endicott, is facing two second-degree murder and assorted other charges. The incident stemmed from a drug-trafficking trip to Texas that ended in the arrest of Heath and others, who later blamed Tallman.
Earlier this month, Libbey, 26, of Dryden pleaded guilty to first-degree manslaughter. He took the stand Tuesday and Wednesday. A third co-defendant, Heath's girlfriend Michelle Lee Malmberg, 25, of Cortland, pleaded guilty in April. She is expected on the stand by week's end.
In keeping with his attempt to undermine Libbey's plea bargain, Miller opened by asking if he'd spoken with anyone or reviewed any document since he left the stand Tuesday. Miller seemed to imply someone in the district attorney's office may have coached Libbey.
In return for testifying against Heath, Libbey's 25-year sentence was reduced to 13 years. As previously shown, Libbey's court testimony and police statements differ considerably.
"If you were to deviate or change it on the stand, the deal would be off," Miller said. "You understand that."
Miller emphasized earlier statements seemed to confirm the spontaneous nature of a "fight" between Heath and Tallman, as well as Libbey,s active involvement.
"The reason, Mr. Libbey, you know (Tallman's) jaw was broken and nose was shattered, you grabbed his head and pounded it into the trailer three times," Miller said. Libbey denied laying a hand on Tallman.
After the incident, Miller said Heath wanted to take Tallman to the hospital but Libbey didn't. Libbey said he supported the idea, but didn't want to go himself.
"The reason you didn't want to go to the hospital, you were concerned about going back to the trailer and cleaning the evidence up," Miller said.
Libbey agreed that was a partial reason. But, Miller persisted, and told the jury Libbey had another idea. "Let's take him out to the woods, burn the car and get rid of the evidence," Miller quoted Libbey as saying before Heath drove to the hospital.
Presumably, this account comes from Heath or Malmberg.
Miller also took time to establish possible future witnesses, including a corrections officer who had a jail dispute with Libbey and the EMT who took him to the hospital after his stomach illness acted up.
In turn, once District Attorney George Dentes had a chance to redirect Libbey, he addressed other parts of the statement. He found numerous accounts that greatly differed from Miller's selections.
In one passage, Libbey said he could have tried to stop the fight but would have been unsuccessful. "Cause (Heath) is psycho. He's touched in the head. I'm not scared of Heath. I'm scared of what he can do,'" said Dentes, reading Libbey's statement. "'He didn't mean to go that far.'"
In another passage, Dentes quoted Libbey as stating he found Tallman's necklace under the couch. Miller had argued Libbey tore it off Tallman.
'I found the necklace. I never held the kid. I never touched him. Chad was going (expletive) ballistic. I didn't want no part of this to begin with,' read Dentes.
Dentes also asked Libbey if he was the one who suggested the hospital trip. He said he was.
Subsequently, Miller's recross was brief and aimed to cast even more doubt over Libbey's web of conflicting testimony. In particular, Libbey was unable to explain the exact time he slid on a pair of gloves he used when carrying Tallman to the car.
Two state police forensic experts from Albany appeared in the afternoon. Russell Gettig, a DNA specialist, explained blown-up posters which contained samples of blood.
The blood of Tallman and Heath was found on numerous items. Gettig said it wasn't likely to have been anyone else's blood. "The probability of finding individuals with that (DNA) profile is less than one in 300 billion," he said.
Citizen
Hot Jobs
New! Off the Menu
The Citizens' Say
Post your comment - click hereThere are No comments posted.