Thursday, October 24, 2002
The defendant and the victim's ex-wife were lovers, a defense lawyer said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- The shooting death of a Howland businessman last year was not aggravated murder, a defense attorney says.
Atty. Anthony Consoldane, who along with Atty. James Lewis of the Ohio Public Defender's Office is representing Nathaniel Jackson of Youngstown, told jurors Wednesday that Jackson was acting in self-defense when Robert Fingerhut died.
Consoldane added that Jackson had nothing to gain by killing Fingerhut.
Jackson, 30, of South Pearl Street, and Donna Roberts, 57, of Howland, are both accused of killing Fingerhut, 57, on Dec. 11, 2001, in Fingerhut's Howland Township home.
Consoldane said Fingerhut brought Jackson to his home and started a fight. Consoldane said it was Fingerhut who pulled a gun on Jackson.
"There was a love affair between Nate and the victim's ex-wife," Consoldane said, during opening statements. If Fingerhut dies, his ex-wife could get his life insurance policy, Consoldane continued.
"Nate doesn't benefit by any of this. I am confident that when you hear all the evidence in this case you will find that this is not an aggravated murder," the defense lawyer said.
Jackson's trial, which is before Judge John Stuard of Trumbull County Common Pleas Court, started two weeks ago. It is expected to last about two more weeks, court officials said. Roberts' trial is scheduled to begin Nov. 18.
Defense's account
Consoldane told the jury that Fingerhut, who owned the Greyhound bus terminals in Youngstown and Warren, had promised Jackson a job.
Consoldane added that Jackson, who was released from prison Dec. 9, told him that on Dec. 10 he met Fingerhut at the Greyhound station in Youngstown, and Fingerhut brought him to his Howland home.
Fingerhut and Roberts lived together at their Fonderlac Street S.E. home.
"Fingerhut had plenty of reason to be upset with Nate," Consoldane said. "He was recently told that Nate and Roberts were having an affair, and this was very upsetting to him. He may have found some letters that Nate had written to Donna."
Different story
Prosecutor Dennis Watkins told jurors during his opening statements that Jackson and Roberts kept in touch while Jackson was an inmate at the Lorain Correctional Institution.
Jackson was released from prison after serving one year on a conviction out of Mahoning County Common Pleas Court on two counts of receiving stolen property.
Watkins said they found hundreds of handwritten letters Roberts and Jackson had sent to each other.
The letters, found in Roberts' home and car, show that Roberts and Jackson were lovers for more than two years and were planning Fingerhut's murder, Watkins added.
Watkins noted that Jackson did not go to the Greyhound bus terminal in Youngstown on Dec. 10 but instead had dinner with Roberts at the Red Lobster in Niles. Watkins said Jackson went to Fingerhut's home after the dinner and shot him three times -- twice in the back and once in the head.
"We believe that the victim was killed at 9:30 p.m., and one hour later Donna Roberts is using her credit card to pay for a room for the defendant," Watkins said.
Shortly after midnight on Dec. 11, Roberts called 911 to report that she found her husband dead. She told a dispatcher that she was out shopping, Watkins added.
sinkovich@vindy.com