Evidence is focus of trial

By John W. Goodwin Jr.

YOUNGSTOWN — Crime-scene evidence was the focal point for testimony in the murder trial of two men accused of gunning down a city man in 2007.

D’Metri Lee, 21, of Idlewood Avenue, and Aaron Sherrod, of Georgia, appeared Monday before Judge Maureen Sweeney of Mahoning County Common Plea Court. Lee is represented in court by Atty. John Shultz, and Sherrod is being represented by Atty. David Betras.

The two men are on trial in the Nov. 18 shooting death of James E. Dow, 28, of South Lakeview Avenue, and the wounding of Emanuel Bunkley on the same date. Dow was found dead in the basement of 145 Thornton Ave., his feet bound with tape.

Michael W. Lee, 21, of Cordova Avenue, has pleaded guilty in the shootings and is serving a 30-year prison sentence. Edward Taylor II, 19, of Hudson Avenue, also pleaded guilty and is serving a 22-year prison term.

Youngstown Police officer Tony Marzullo appeared as a witness for the state and spent the majority of Monday testifying about evidence collected and analyzed — or not analyzed — from the crime scene.

Jennifer McLaughlin-Smith, an assistant county prosecutor, had Marzullo identify key pieces of evidence for the jury.

Some of the evidence included a roll of clear tape, a roll of blue masking tape, two latex gloves, bloodied tape recovered from the victim’s body, a cigarette butt, a sawed-off shotgun and a handgun.

Marzullo also told the jury that police took DNA samples from all four men accused of being involved in the crime. He said the samples from D’Metri Lee and Aaron Sherrod were collected months after those of the other two men.

During cross-examination, Betras and Shultz put more emphasis on potential evidence they feel police did not collect.

Betras asked why a car in the driveway of the Thornton Avenue home where the shootings took place was not analyzed or taken into police custody for examination. He also had Marzullo admit that a light to detect the presence of blood was not used throughout the house.

Betras also questioned why police did not submit the shotgun, handgun and a list of other items from the house to the Bureau of Criminal Identification and Investigation for fingerprint analysis. He asked why none of his clients’ fingerprints had been submitted for comparison.

Shultz questioned why a gunshot residue test, to determine if a person had fired a firearm, was not conducted on his client.

Upon further questioning by McLaughlin-Smith, Marzullo said the items were submitted for DNA analysis. He said fingerprint analysis could ruin some of the DNA evidence.