Moonda indictment raises death option

Thursday, August 17, 2006 Murder for hire and aiding and abetting are among the charges. By NANCY TULLIS VINDICATOR STAFF WRITER CLEVELAND — Special findings listed in a four-count indictment would determine whether Donna J. Moonda gets the death penalty or life in prison if convicted in the May 13, 2005, Ohio Turnpike shooting death of her husband, Dr. Gulam Moonda. She is to be arraigned at 2 p.m. today in federal court in Akron before Judge David D. Dowd Jr. on charges that include murder for hire. Gregory A. White, U.S. attorney for the Northern District of Ohio, said Wednesday that the U.S. attorney general will determine if prosecutors should seek the death penalty against Moonda, 47, of Trout Island Road, Hermitage, Pa. White said the attorney general determines whether to seek the death penalty in any federal case. He said if the attorney general says federal prosecutors should seek the death penalty upon conviction, prosecutors then would have to prove one or more "special findings" listed in the indictment. According to the indictment, Moonda "did knowingly use and carry a firearm during and in relation to a crime of violence" and "did brandish and discharge" a firearm and "caused the death of Dr. Gulam Moonda through use of a firearm, which killing was a murder." In the indictment, the grand jury found that she conspired to kill her husband, paid or promised to pay Damian Bradford to travel from Pennsylvania to Ohio with the intent to kill her husband, and used and carried a firearm in relation to a crime of violence that caused Dr. Moonda's death. The grand jury charged her with aiding and abetting interstate stalking, aiding and abetting the use of a firearm during the crime of interstate stalking, which resulted in the death of Dr. Moonda, murder for hire and aiding and abetting the use of a firearm during the crime of murder for hire, resulting in the death. White said the charge of murder for hire and violations in other counts merit consideration of the death penalty. Death penalty requirements According to the indictment, prosecutors must find relative to all charges but aiding and abetting interstate stalking that Mrs. Moonda: "Intentionally participated in one or more acts, contemplating" that the life of Dr. Moonda would be taken or intending that lethal force would be used, and that he died as a result of such act or acts. "Intentionally and specifically engaged in one or more acts of violence" creating a grave risk of death, and that such participation "constituted a reckless disregard for human life," and Dr. Moonda died as a direct result of those one or more acts. "Procured commission of the offenses by payment and promise of payment of anything of pecuniary [monetary] value." Committed the offenses in expectation of the receipt of anything of pecuniary value. Committed the offenses after "substantial planning and premeditation" to cause Dr. Moonda's death. The case is being prosecuted by assistant U.S. attorneys Linda H. Barr and Nancy L. Kelley, following an investigation by the Ohio State Highway Patrol and Pennsylvania State Police. The Bureau of Alcohol, Tobacco, Firearms and Explosives is assisting in the federal prosecution. Federal prosecutors say Donna Moonda met Damian Bradford, 25, after she entered an intensive outpatient program at Gateway Rehabilitation Center in Aliquippa, Pa., and the two had an affair and allegedly hatched a plan kill her husband. Bradford pleaded guilty to interstate stalking and using a weapon in a crime of violence. He will be given a 17 1/2 year prison term in exchange for testifying against Moonda. Her attorney, Roger Synenberg, has said his client had nothing to do with the crime and that Bradford will be proved to be a liar. Synenberg contends Bradford is a felon and his credibility is highly at issue. tullis@vindy.com