Judge hears testimony in man’s bid for new trial

A key witness was arrested after his testimony.

By D.A. WILKINSON

VINDICATOR SALEM BUREAU

LISBON — Andrew Irwin was convicted of killing a Liverpool Township woman earlier this year, but his lawyer maintains another man committed the crime, and he wants a new trial for his client.

That other man was supposedly Gregory Todd of East Liverpool.

But Todd testified at a hearing Thursday in strong, short answers in Columbiana County Common Pleas Court that he did not stab Emily Foreman to death.

Todd, of East Liverpool, said he knew Foreman and had been to her house once.

A polygraph made by the Ohio Bureau of Criminal Identification and Investigation indicated Todd was telling the truth.

When Irwin’s lawyer, George Kafantaris, asked why Lindzay Jason Beaver claimed that Todd had confessed killing Foreman, Todd said, “You’ll have to ask him.”

Todd testified that he was a former addict who stole from stores to buy heroin. “I was a thief. I stole,” he said.

Beaver also was given a polygraph by BCI that indicated “this person did not tell the truth during the tests,” according to court documents.

Irwin, 25, of East Liverpool, was convicted of murder by a jury in March for Foreman’s death Aug. 23, 2006. He was sentenced to 15 years to life in prison.

Police said he killed Foreman to get heroin.

More testimony

Beaver testified that Todd and Irwin went to Foreman’s home in Liverpool Township. He said Irwin was using drugs while Todd killed Foreman to get her heroin.

Beaver came forward with his story just as the jury was returning a verdict.

Kafantaris is arguing for a new trial based on the claim.

But county Prosecutor Robert Herron said during the hearing that the state legally does not have to prove anything at this point.

More testimony to determine whether Irwin gets a new trial may be taken later at the discretion of Judge C. Ashley Pike.

Judge Pike found Kafantaris in contempt of court twice during the trial and sentenced him to 20 days in jail, which he has yet to serve. On Thursday, Judge Pike cautioned Kafantaris that he could face a third contempt charge for his courtroom behavior.

Herron and Assistant Prosecutor John Gamble repeatedly protested that the Warren attorney was badgering his own witnesses and asking questions about unsigned affidavits.

Beaver testified that he was on at least two prescriptions for an anxiety disorder and used cocaine when Todd allegedly came to his residence in East Liverpool and confessed shortly after the slaying.

Beaver said he no longer lives at the East Liverpool residence. Immediately after he left the courtroom, deputies arrested Beaver on a misdemeanor menacing charge filed by the residence’s owner.

Also during the hearing, Judge Pike ejected Irwin’s father, Keith, for shouting information to Kafantaris.

Kafantaris arrived for the hearing 25 minutes after it was supposed to start and told the judge he had not had time to digest recent filings on the case made by the prosecutor’s office.

But Herron said he had told Kafantaris about the filings days ago.

wilkinson@vindy.com.