Thursday, April 30, 2009

Breaking news - Day 4 Shenandoah trial

The defense rested in the case of the Commonwealth vs. Derrick Donchak and Brandon Piekarsky. In a stunning developement after only two hours of testimony. The defense ended their calling of witnesses. All totalled four witnesses came to the stand today.

Two police officers begain the day four of testimony. West Mahanoy Twp. officer Robert Senape was first on scene July 12, 2008 at the Vine Street Park. Senape told the jury that he heard Ariel Garcia, a friend of Rameriz, say that Brian Scully kicked Rameriz in the head. Senape's written statement was reviewed while on the stand. Second witness called officer Michelle Ashman of the Frackville Police Department. Ashman responded to the scene to provide assistance. Ashman heard a conversation between Arial Garcia and Shenandoah officer Jason Hayes and at that point heard Garcia say that Scully was the "kicker". However Ashman's written report did not include details of that conversation which she heard. Assistant District Attorney AJ Serina contended that since the conversation was not in the written report it was "alledged" to have happened.

Next call to the stand by the defense was Diego Tovar Alvarez, a friend of Luis Rameriz. Rameriz called Tovar for help that evening from the Vine Street Park. Tovar testified that he went to his basement and got a BB gun and ran 6 blocks from his house on Coal Street to the Vine Street Park. When Tovar arrived he asked the boys who were involved in the fight what was going on. The BB gun was concelled in the wasteband of his pants at the time. Tovar then threw the BB gun into a bush near the scene. Last witness for the defense was Schulylkill County Chief Detective Anthony Carroll. Carroll went to Shenandoah on July 13, 2008 to assist in the investigation. Carroll was questioned at length by attorney Fanelli about the investigation that led up to charges being filed against Piekarsky, Donchak and Walsh. Particular attend was paid by Fanelli as to the type of shoes worn by the "kicker". Fanelli asked Carroll why the shoes were not seized to make a positive identification. Ariel Garcia's testimony about Brian Scully's involvement in the kicking incident was also brought into question. On cross examination DA Jim Goodman asked Carroll if at any time anyone definatively say Brian Scully was the kicker. Carroll was he believed that Arial Garcia was confused about events that evening. After Carroll left the stand, the defense rested its case.

It is expected closing arguements by both sides will begin this afternoon and the jury charged.


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