Social media threat changes witness appearance
Judge OKs motion after courtroom picture intimidation in murder case
By Joe Gorman
YOUNGSTOWN
For the second time this week, a judge allowed prosecutors in a murder case to use statements from a witness instead of having the witness testify, because of threats.
Judge Lou A. D’Apolito on Thursday in Mahoning County Common Pleas Court granted the request from prosecutors. They made a motion based on a photograph of the witness in court earlier this week that was taken from a phone, then posted to social media accompanied by a threat.
The witness then balked at testifying because she is afraid, said Assistant Prosecutor Martin Desmond.
Jeffrey Limbian, attorney for the defendant, Leonard Savage, 22, objected, saying it would deny his client the right to cross examine any witness against him, as is provided by the Constitution.
But Judge D’Apolito ruled that because of the defendant’s actions, the witness is not available, and therefore, the statement of the witness can be used by the prosecutor.
The judge made a similar ruling Tuesday after a day-long hearing Monday and allowed another statement from a different witness to be used in lieu of testimony because that witness is afraid to testify because of threats.
Savage is one of three men accused of the Nov. 14, 2015, murder of Thomas Owens, 33, of Burbank Avenue. Owens was shot to death in a parked car on West Myrtle Avenue. Two other men are also charged in the death of Owens, and they will be tried at a later date.
Jury selection in the case began Tuesday and was completed Wednesday, when jurors began hearing testimony.
Limbian said there is no proof his client or anyone who is a friend or relative of him posted the image, but Judge D’Apolito disagreed, saying that he believes the way the post was worded indicates someone who is affiliated with Savage made the threat.
A brief hearing was held and the person suspected of taking the photo is being held in the Mahoning County jail pending a contempt hearing later this month.
Among those testifying Thursday was officer Brad Ditullio, a member of the police department’s Crime Lab unit, on the evidence collected from the crime scene and Rich Kennedy of the city 911 Center, who authenticated 911 tapes made to police for the shooting.