Friday, June 15, 2007
The judge has set aside an extra room for the press.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
AKRON — A judge denied a second request by Donna Moonda to have jurors at her upcoming trial visit the spot where her millionaire husband was shot.
Judge David Dowd, of the U.S. District Court issued an order Thursday denying a request to take jurors to the Ohio Turnpike through a dirt path off Abbey Road in North Royalton.
Dowd denied an earlier request to visit the scene after U.S. marshals reported that a visit would be too dangerous and costly. Prosecutors have argued aerial photographs taken shortly after Dr. Gulam Moonda was shot May 13, 2005 would be sufficient for jurors.
Donna Moonda’s attorneys, however, proposed this alternative route to the turnpike emergency stopping area last month and asked the judge to reconsider.
In his order, Judge Dowd cites U.S. Marshal Peter Elliott, who said using this alternative route would be a serious safety risk.
Elliott notes the dirt path is uneven and unstable, and the actual crime scene is down an embankment and through some dense brush. He added that the view is limited by a barbed-wire fence.
Judge Dowd said aerial photos are sufficient.
Seating arrangements
In another court order, Judge Dowd decided to set aside a room for the press where testimony can be heard through a speaker system.
Judge Dowd’s courtroom is small, and he initially set aside only six seats for the press. He said he reconsidered after receiving multiple applications for press credentials.
In addition to the press, the judge set aside six seats for U.S. marshals, four for the defendant’s family, four for the victim’s family, four for other law enforcement officers and six for the public.
Opening statements are expected to start Monday.
Donna Moonda, 48, is charged with aiding and abetting in the shooting death of her wealthy husband. Her boyfriend, Damian Bradford, 25, of Beaver County, Pa., testified that she promised him half of her inheritance in exchange for shooting her husband.
Dr. Moonda was shot in the head while on the side of the Ohio Turnpike where his wife pulled over, complaining of a stomach ailment.
cioffi@vindy.com