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THE MOLE
LEMUEL JAMES
KOPPENHAVER
TED BYRNE
TICKET TO RIDE
OH, THE BYRNE 3
SWEET DREAMS
YOUNG GIB
PRELIMINARY HEARING
JUSTICE
ANGELICA RIVERA
WHO SAYS FLUID
ARCHIVE 7-20/7-27
ARCHIVE 7-27
INCEST
INCEST1
YOUNG GIB 1
ARCHIVE 3
ARCHIVE 4
ARCHIVE 5
FRY HEARING
INCEST - OPEN EYES
ARCHIVE - 6
ARCHIVE 7
ARCHIVE 8
SMITHGALL 1
SMITHGALL 2
ARCHIVE 9
ARCHIVE 10
SMITHGALL 3
CHARLIE'S PROMISE - SEX
KING'S SPEECH
INCEST - TRAGEDY
LUDWIG/BORDEN
ARCHIVE 11/LCCCA
SUNDAY NEWS SAGA/COMEDY
INCEST - TRAGEDY 2
ARCHIVE 12
ARCHIVE 13
LYNCHING 1
MILLERSVILLE LAWSUIT
ARCHIVE 14
NO QUESTION
VONDERHEIDE/HARPER
RIGHTS AND FREEDOMS
INCEST & HATCHER
JUSTIN QUINN
JANET KELLEY
SCRAT
NOTES & QUOTES
HE'S A RAT
HOLY COW!
TALKBACK
TOTARO MUST GO
SNEDDON
ARCHIVE 15
ARCHIVE 16
ARCHIVE 17
TOTARO/FRY
LOVELACE
THE GAY GUYS
HARRY ENG
WOMEN AND PARTON
HERR, BOYD & LIARS
HARPER IS SANDWICHED
BEATING A PATH
VONDERHEIDE & CRY BABIES
LANCASTER/RACISM
PULL THE PLUG!
KIRK & HARPER
RESOLUTION 37
SOUL AND PASSION!
ALL ABOARD
SUPER JERKS
STEWART OPINION
DEVON SMITH
END IT NOW
COMMON CAUSE
SEXISM & MURDER
DOUBLE CROSSED
JOURNALISTS
A FAMILY TRAGEDY
BANANAS & BRETT
WHO'S WATCHING BRETT?
EXTRA! EXTRA!
FEAR FACTOR
DESCENT INTO MADNESS
BURIED IN DEBT
PICTURE THE TRUTH
NEWS - STREAKER - WHITE ARCHIVE
ARCHIVE 18
GRAND JURY - FULL VIEW
INJUSTICE - RIVERA
INVESTIGATE PSP/STEVENS
COVER-UPS & LIES
DON'T MAKE ME MAD
JUDGEMENT DAYS
STEWART TRIAL
FRY, F&M & INCEST
JOURNEY OF PAIN
CHRISTY MIRACK
SUE ME
WHEN WILL I GET A LAWYER?
STURLA - BUM
COOLEY'S EMAIL
CONVENTION CENTER
GAG ORDER
RENTERIA - STEWART MISTRIAL
CONVENTION CENTER 2
FAUST - COLD CASE
CONVENTION CENTER 3
MADENSPACHER - MONEY TALKS
TOTARO - SCHREIBER
CONVENTION CENTER 4
EURYTOPIC
ARCHIVE 19 - CC & CROW
INJUNCTIONS
HARPER IS
HARPER IS SCUMMY
LIES, LIES AND MORE LIES
DOG DAYS - LANCASTER POLICE
LOVELACE - FRY
HARPER - BEINGREAL ARCHIVE
SHELLENBERGER
ARCHIVE 20
ARCHIVE 21
TERRYP
MADENSPACHER 2
ELECTION
RONNIEDOG
ARCHIVE 22
STEWART TRIAL
ENG - FOR THE RECORD
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“DEATH SENTENCE:  WHY NOT?”

    Coming this weekend will be a final wrap-up of the preliminary hearing for Micah Stewart for the murder of Cortney Fry including some dreadful reporting by Janet Kelley of the New Era.  The morning after the hearing I posted this:

________________________________________________________________

“He said he didn’t mean it.  It was an accident.”

(Angelica Rivera, quoting Micah Stewart, yesterday testifying at his preliminary

                                  hearing for the murder of Cortney Fry.)

 

    An unprepared prosecution.  A missing lead detective.  No forensic evidence.  A case based solely on the testimony of two highly questionable “relatives.”  An unrecognizable defendant.  A budding defense attorney.  Micah Stewart will go to trial. 

________________________________________________________________

Add to that a grand jury, an alleged killer left on the streets for a year, the conditions at Conestoga View and a coroner who changed his death report to match witness’s testimony.  What do you have?  Check back this weekend.

 

WHO SAYS "FLUID?" is posted here.   (From Micah Stewart’s preliminary hearing for the murder of Cortney Fry.)

 

THE TESTIMONY OF ANGELICA RIVERA IS HERE. 

“JUSTICE MUST BE FOUND,” – a brief overview of Micah Stewart’s preliminary hearing is here. 

 

Lemuel James's testimoney in Micah Stewart's preliminary hearing is here.  

 

~ Micah Stewart’s Preliminary Hearing ~

A MISSING LEAD DETECTIVE

 

     Detective Michael L. Landis took the stand in Micah Stewart’s preliminary hearing for the murder of Cortney Fry.  Assistant District Attorney Christopher Hackman asked his occupation.  He said he was the head detective of the Lancaster County Detectives.  He said prior to joining the County Detectives he worked for the Lancaster Police Force for 30 years and was the Lancaster Chief of Police.

    Hackman asked Landis if on July 27th of 2004 he interviewed Micah Stewart.  Landis said yes, at 829 Blunston Street.  He said Detective James Brenneman was also there.  He said this was the house of Cindy Adams, Stewart’s mother and she had “arranged the interview.”  Landis indicated it took place after 9:00 p.m.

    Landis said he took a statement from Micah.  Hackman asked if he had interviewed Stewart prior to this.  Landis said no, this was the only interview.  Landis said he was the “case manager.”  He said Detective Joseph Geesey, who filed the complaint against Stewart, is the “lead detective.”  Landis testified that  Stewart had not been interviewed prior to this by the District Attorney’s office.  He said anything prior was done by the Columbia Boro Police.

   He said he took the statement and Stewart signed it.  He said Stewart agreed to a search of his vehicle (a Dodge Aries K) and residence.  He testified that the search began about 1:30 a.m. on July 28th and “went into the morning.”  He said the search was conducted by the Major Crimes Unit.  He said the vehicle was searched in the morning and the apartment in the afternoon of July 28th.  Hackman asked him about the charge against Stewart.  He said a single count had been filed by Detective Geesey against Stewart with District Justice Herman.

    Stewart’s attorney, Roger Renteria, cross-examined.  He asked Landis if they had the consent of Mr. Stewart to search his apartment and vehicle.  Landis indicated they did.  Renteria asked, “Did you find anything that is a direct link to this crime?”  Hackman objected.  He looked surprised.  He said opening this up could take a “long time” and was unnecessary.  Hackman said the defense would be supplied with all the information as it was received.  Renteria countered that Hackman had begun the topic and it was relevant.  Judge Herman ruled in Renteria’s favor.

    Landis testified that there were “numerous items seized.”  He said they are “currently being analyzed by the state.”  Renteria asked if that meant there were no conclusions at this time.  Landis said, “That is correct.”  Renteria asked Landis how long it usually takes the state police to analyze material.  Landis said, “Three months to a year.”  Renteria said the searches were done on July 28th of 2004.  He said that was a year ago.  Landis said he would have to check with Detective Geesey.  He said he didn’t personally know if any results were back yet or not.  He said he was the supervisor on the case and Gessey was the lead detective.

    Renteria asked why Geesey was not testifying.  Renteria said Geesey was the detective who filed the criminal complaint and signed the affidavit filed with Judge Herman and he should be testifying.  Landis said Geesey was out of state.  Renteria repeated that Geesey, as the lead detective, should be testifying.  Landis said he was on a pre-planned 12 day trip to California and had not wanted to change his plans.

    Hackman re-directed.  He asked Landis if he was familiar with the  complaint.  Landis indicated he was.  “Is there anything inaccurate in there?” Hackman asked.  Landis said, “No.” He left the stand.  There was a short delay before the final witness, Angelica Rivera, came into the courtroom.

 

                            COMING LATER TODAY

The testimony of Lancaster County Detective Michael Landis.  This will be out of order, as Lemuel James testified before Landis.  But James’s, and his mother's, Angelica Rivera, testimony will come this weekend.  It was after Landis left the stand that an observer behind me said, referring to the prosecution, “They’re a little unprepared, aren’t they?”  There was a low murmur of agreement through the observers in the courtroom.

 

ACCURACY, GEESEY AND MORE

REPREHENSIBLE

     Tomorrow and this weekend I will finish publishing the testimony of Lemuel James, Lancaster Detective Michael Landis and Angelica Rivera in Micah Stewart’s preliminary hearing for the murder of Cortney Fry.  I am not trying to prolong this.  It is time consuming and I need to be as accurate as possible.  On the topic of accuracy, I would like to point out this sentence by Brett Lovelace in the Intell article, “Stewart faces trial in Fry death” on August 9, 2005“Realizing Fry was dead, Stewart tossed the body out a rear window, loaded it into his car, took it to a field and burned it, Rivera said Stewart told her.”  Not true.  Absolutely not true.  Rivera never said the word “tossed” and never said “loaded it into his car.”  This is an extremely inflammatory sentence and it is false.  Brett Lovelace has done some truly dreadful reporting on this case and this sentence is reprehensible.

LANCASTER LYNCHING

    After I finish posting the testimony I will take a look at that testimony.  There are a great many unanswered questions and also some very questionable behavior by law enforcement. Which leads me to two topics.  The first - readers from the “old site,” www.lipnews.com, know that I was running the “Lancaster Lynching” story and, no, I haven’t forgotten it and it will return.  Featured in that story is Detective Joseph Gessey, who is also mentioned in the article “Preliminary Hearing” (which is below and was posted this morning) and who, in fact, is the lead detective in the Cortney Fry investigation.  This is going to be a very interesting trial.

A WEEK OF NEWS

    The second topic is of a housekeeping nature.  There is still a tremendous amount of information on the old site but for now it is sitting idle.  There was a corruption in the apostrophe/quotation key in the soft-ware that made odd characters appear and made it impossible to read.  The problem is still being worked on.  So this site will be the primary site for the next several months, but what also happened with the old site is also happening here.  I just keep adding to this front page and it gets longer and longer.  And that means it takes a long time for you to load it and a long time for me to publish.  So I am going to keep one week’s worth of material here and then either move it inside or delete it.  Right now I don’t have the capacity for a large site for several reasons and one of them is the length of time it takes me to publish.   So if you want to keep anything, it would be wise to print it or cut and paste it.  Thank you.

MEET-UP

    That’s the end of the housekeeping and now on to two upcoming events.  Tonight there is the neighborhood meet-up with Democratic mayoral candidate Rick Gray in Nelson Polite’s back yard at 540 North Street between 6 and 9 p.m.  I have failed in my investigation to find out what food and beverages are being served, so you will have to  be surprised.

I HAVE A PRESS CARD

    Several months ago I noted how excited I was when I read about Charlie Smithgall’s cannon shoot.  I have never been to a cannon shoot and wondered if I should take a side dish.  Well, I posted yesterday’s email from the Smithgall campaign below under “Breaking News” and the shoot and barbecue costs $50 a person!    On top of that, it says “for $75 more you can shoot a cannon.”  That’s my life’s dream.  But does that mean it costs $125?  It’s all too steep for me Charlie.  I won’t be attending…unless…unless… does the press get in for free?  

 

 

 

~ Crucial Testimony ~

PRELIMIINARY HEARING

 

 

    What appears below is extremely crucial testimony from Dr. Wayne Ross in the preliminary hearing for Micah Stewart.  The exchanges are accurate to the best of my ability.  I will request the transcript and publish that at a later date.  There seemed to be some “confusion” or “misuse” of the words “strangulation” and “suffocation” by Ross.  A very brief description of the hyoid bone is here.   Again, Ross testified that the hyoid bone was not present in Fry’s remains.

________________________________________________________________

 

     The fourth witness to take the stand was Dr. Wayne Kenneth Ross.  He testified that he is a forensic pathologist and has worked here for over 10 years.  Hackman asked Ross if on January 24th of this year he performed an autopsy.  Ross said yes at Conestoga View.  Hackman showed him the same four photographs he showed Detective Eelman.  Ross testified the one photo depicted the remains in the morgue.  He said he did not go to the scene [where the body was found]. 

    Hackman asked who made the identification that this was Cortney Fry.  Ross said, “Dr. Bender.”  Hackman asked if the remains had been sent to a forensic anthropologist.  Ross said “yes – to Mercy Hurst.”  Hackman asked if they had determined a manner of death.  Ross said yes, their report indicated “multiple traumatic injuries.”  Ross said it was a “homicide.”

    Renteria crossed.  He asked again where the autopsy had been performed.  Ross said Conestoga View.  Renteria asked if Detective Geesey [Lancaster County Detective Joseph Geesey] was present during the autopsy.  Ross said no.  Renteria asked Ross if the cause of death was multiple traumatic injuries.  Ross said, “correct.”  Renteria ended.

     Hackman returned.  He asked Ross if there were other causes of death.  Ross said, “suffocation and strangulation” were the cause of death.  He said he had received a request from Detective Geesey to review the witness statements.  He said he reviewed the witness statements.  Ross stated that there was clear evidence of suffocation.

    Renteria re-crossed.  He asked Ross if that had been in his initial report.  Ross said, “No.”  He said he finally amended his report to bring it “in line after the police asked me to look at it in a new light after reviewing the witness statements.”  Renteria asked him what elements might make up “multiple traumatic injuries.”  Ross said, “suffocation and strangulation.”  He said his report indicates “multiple elements of suffocation.”  Renteria asked if this was his amended report.  Ross said,” yes” and that it was consistent with the witness statements. 

    Renteria asked him what about the remains indicated suffocation.  Ross talked about the hyoid bone which he described as a v-shaped bone under the jaw.  He said the bone is an excellent indicator of strangulation.  Renteria asked him if the bone was present in Fry’s remains.  Ross said, “No, the hyoid bone was not present.”

 

 

COVERAGE OF MICAH STEWART’S PRELIMINARY

HEARING IS HERE.

 

                                          COMING LATER TODAY

 

     This was posted yesterday evening on Talkback under the thread to the article “Boyfriend charged in murder of Cortney Fry”:

“this is so sad this case, people think that he accidentally killed cortny, but I dont think it.  my uncle is on this case his name don totaro he wont tell me anything.  I think the boyfriend should rot in jail for the stuff he did.”

    This is by a new poster who signed up right before writing this.  This person could, of course, be anyone.  But someone should make the District Attorney, Donald Totaro, aware of this post and if it is, by chance, a family member this should be stopped immediately.

 

    “They’re a little unprepared, aren’t they?”  A Fry family member in the courtroom regarding the prosecution in Micah Stewart’s preliminary hearing on Monday.  Full details coming later today. 

LANCASTER NOTES

HIGH DRAMA

     I do not have time today to write up the two hours of high drama in Micah Stewart’s preliminary hearing yesterday in the Lancaster Courthouse.  A detailed account of every witness and their testimony and the verbal sparring between District Attorney Christopher Hackman and Stewart’s attorney, Roger Renteria, (completely missing from Brett Lovelace’s article in today’s Intell) will come tomorrow.   This truly was a human drama of the kind you only see in courtrooms.  Charles Fry, Cortney’s father, testified he went to Micah’s and Cortney’s apartment to borrow money from her so he could put gas in his truck.  He also testified he bought Micah a six-pack of beer after Cortney “bounced,” which was the word he said Micah used to describe Cortney’s leaving him.  Any way, all of that will come tomorrow.

DON’T BENCH HIM

    Today just some notes and thoughts on my visit to Lancaster and the courthouse.  The first one is deadly serious.  Within the past year Christopher Hackman was going to run for judge and then withdrew his name, possibly because of a personal situation that came to light.  This is a reminder of how incredibly important judges are in this society.  It only took me two hours to know that Hackman should never sit on the bench.

NAIL CARE

    Kudos to the sheriffs who took my scissors.  Yes, that’s correct.  On my way to court I needed a nail clipper, so I stopped at a mini-mart and purchased a cute little kit including a clipper, scissors, a nail file and some other things for the incredibly reasonable price of $1.99.  The x-ray machine at the courthouse caught the scissors. The sheriff asked me why I was there and when I told him, he told me he’d hold on to the kit.  I forgot to go back and pick it up afterwards.  If anyone would like it, let me know and I’ll mail you my “property retrieval button.”

THE PRESS

    Many, many months ago I noted here that I had made myself nice, yellow, laminated press passes.  Yes, indeed.  Well, yesterday I moved up to the front bench in courtroom #8 which was reserved for the press.  The gentleman from the Sheriff’s office came over and asked who I was.  I told him and he looked uncertain.  He asked if I had credentials.  Well, you guessed it.  I produced the nice, yellow, laminated press credential and he was satisfied.  So I had the thrill of sitting next to Brett Lovelace (gasp!).  The only other two people on the bench were Janet Kelley of the New Era and a reporter for WGAL.  Prior to the proceedings beginning, Janet Kelley, in an effort to impress, walked to the judges bench and reached up and took a tissue.  I say the county should charge her for it.

HE’S A JERK

    I forgot to tell you that at the mini-mart where I bought my short-lived nail set, I asked the clerk who he was voting for in the mayoral contest.  He said, “Not for Smithgall.  He’s a jerk.”  Honest to God, those were his exact words.  As you can imagine, we bonded instantly.  And speaking of Rick Gray, I ran into him across from the courthouse.  He spoke excitedly of the “retro” shirt he is wearing in the picture on this website (see below).  I nicely advised Rick to never wear the shirt again.  It’s just my way of trying to help and all.

I’M TELLING

    Finally, the first person I saw downtown was my long ago very good friend, Israel.  He is getting married in September and I have not received my invitation yet.  He stammered and said nervously that the invitations haven’t gone out.  He said nothing’s really planned yet - they’re working on it, etc., etc., etc.   Israel either I get my invitation or I’ll tell the story of when Sue threw the beer can at you.  I will.  I mean it.

COMING TOMORROW

Tomorrow – a very detailed and serious look at the preliminary hearing.

 

 

“He said he didn’t mean it.  It was an accident.”

(Angelica Rivera, quoting Micah Stewart, yesterday testifying at his preliminary

                                  hearing for the murder of Cortney Fry.)

 

    An unprepared prosecution.  A missing lead detective.  No forensic evidence.  A case based solely on the testimony of two highly questionable “relatives.”  An unrecognizable defendant.  A budding defense attorney.  Micah Stewart will go to trial. 

 

Check back later for full details.

 

 

~ For Micah Stewart for the murder of Cortney Fry ~

PRELIMINARY HEARING

MONDAY

 

 

    The office of District Justice Robert A. Herman of Columbia confirmed this morning that the preliminary hearing for Micah Stewart in the murder of Cortney Fry will be held this Monday at 1:30 p.m. in the Lancaster County Courthouse in courtroom #8.  District Justice Herman will preside and the woman who answered the phone in his office said it was being held in the Lancaster Courthouse for reasons of “security.”  A preliminary hearing is a hearing in which a judge decides if the prosecution has enough evidence to force the defendant to stand trial.

    Stewart’s attorney, Roger Renteria, Jr. of the Walmer Law Firm in Lancaster, said in a phone interview yesterday that the prosecution will present their evidence, including forensic, for the one count of murder against Stewart on Monday.  Renteria also said, “We will know a great deal more about the prosecution’s case after Monday.”  If the judge determines there is enough evidence for a trial, Renteria estimated that the trial would be scheduled for December of this year or later.