KOLISER TRIAL Jury visits locations of 2 shootings

Witnesses will testify they heard the defendant confess, a prosecutor said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The fate of Martin L. Koliser Jr. will rest with 12 people who must decide whether he killed a policeman in cold blood and shot another man in the chest at point-blank range.
If they decide that he did those things, the same panel will decide whether the 30-year-old man from Boardman should die by lethal injection or spend the rest of his life in prison.
Opening statements in Koliser's trial on charges of aggravated murder and attempted aggravated murder began today in Mahoning County Common Pleas Court. A jury of seven men and five women was seated last week and was to begin hearing testimony today.
Prosecutors say Koliser shot and killed Youngstown Patrolman Michael T. Hartzell as the officer sat in his cruiser during the early hours of April 29 in downtown Youngstown. They also say Koliser wounded Donell Rowe by shooting him in the chest outside a Mahoning Avenue bar two hours before Hartzell was shot.
After a brief orientation this morning by Judge R. Scott Krichbaum, jurors were bused to Casaloma Gardens bar on the West Side, where Rowe was shot, and then to the site of Hartzell's shooting on West Federal Street.
Lawyers for both sides are allowed to go along on jury views but are not allowed to speak to jurors.
What happens next
In opening statements, the prosecutor and defense lawyer explained what they believe the evidence will show.
Attorney William Mooney of the Ohio Public Defender's Office cautioned the jurors to "expect graphic, disturbing and emotional testimony." He asked them to maintain an open mind and hear all evidence before making a decision.
In his opening statement, assistant prosecutor Jay Macejko outlined a timetable of how the events unfolded and told jurors that they will hear accounts from witnesses to whom Koliser supposedly confessed. Macejko said that in a letter to a friend, Koliser wrote that he felt no guilt for what he had done.
Macejko and Prosecutor Paul Gains said they have a list of 30 potential witnesses, whom they expect to call over three or four days.
The list includes police officers who investigated the case, taxi drivers who contend they witnessed the shooting of Hartzell, forensics experts and some of Koliser's friends who saw him during the hours just before and after the shootings.
Also among the witnesses are two deputy sheriffs from Summit County, where Koliser has been jailed while awaiting trial. According to court documents, Koliser told the deputies that he'd shot Rowe and Hartzell.
Jurors also will hear from an Austintown woman who prosecutors say bought bullets for Koliser eight hours before the first shooting and from the gun shop employee who sold them to her.
Koliser's aggravated-murder charge carries three death-penalty specifications. If he is convicted of any of them, he could face the death penalty at sentencing.
The specifications are that Koliser killed Hartzell to avoid detection or prosecution for another crime, that he killed or attempted to kill two or more people, and that he purposefully killed a police officer.
Under Ohio law, if jurors recommend the death penalty, Judge Krichbaum would have the option of overruling them and imposing a life sentence. But if jurors recommend a life sentence, the judge cannot impose the death penalty.