UPDATE 3/16/06
I am Sickened by this news!!
Murder convict will get new trial
Judge's compliment to witness prejudiced jury, court rules
By Phil Trexler Beacon Journal staff writer
A judge's compliment to a suspended child psychologist unfairly prejudiced the jury against a murder defendant, a court ruled, and the defendant won his appeal Wednesday for a new trial.
Summit County prosecutors immediately promised to further fight the 9th District Court of Appeals ruling, which for now means a new trial for Willard McCarley, who was convicted last year of killing his son's mother in 1992.
``Our contention is that Mr. McCarley had a fairtrial and everything was within the law. We believe the (Ohio) Supreme Court will see it differently than the 9th District did,'' said Assistant County Prosecutor Jay Cole.
McCarley's lawyers, Carmen Roberto and Ron Gatts, could not be reached for comment.
McCarley, 41, was serving a life sentence at the Mansfield Correctional Institution for the slaying of Charlene Puffenbarger; the killing was witnessed by her sons, then 3 and 2.
Puffenbarger's mother, who is raising McCarley's son, could not be reached for comment.
Prosecutors alleged in the trial that McCarley, a Ford worker who had fathered one of the boys, killed Puffenbarger, 26, in her Twinsburg apartment to avoid paying child support.
Puffenbarger's death in 1992 went unsolved until 2004, when DNA collected from a leather belt allegedly used to strangle her linked McCarley to the crime.
At trial, defense lawyers attempted to persuade Common Pleas Judge Marvin Shapiro to block the DNA evidence and to keep prosecutors from using the testimony of Dr. Dawn Lord, who had interviewed the older boy shortly after the murder.
Prosecutors say the boy identified McCarley as the person who came to their home and argued with their mother.
Defense lawyers say Lord's testimony about her interview with the boy should not have been allowed because her license is suspended by the state for ``mental illness.''
Shapiro denied the motion in part by allowing Lord to read her notes to jurors. Lord did so, reluctantly. During her testimony, she repeatedly voiced concerns about testifying because of her lack of memory of the interview with the boy and her suspended license.
Shapiro appeared to calm Lord in front of the jury, telling her ``... the court is well aware, Dr. Lord,... of your long-standing reputation in the community. And we certainly hope you get reinstated one of these days.''
Appellate Judges Beth Whitmore, Donna Carr and Lynn Slaby unanimously found Shapiro's comment to be unintentionally prejudicial. The judges said Shapiro's comments ``bolstered the credibility'' of Lord and were ``likely interpreted by the jury as the judge finding Dr. Lord to be an honest, trustworthy and competent witness.''
``Such a determination is for the jury to make without input from the judge,'' Whitmore wrote.
The comment also hampered the defense in its cross-examination, the court ruled.
Cole, the assistant county prosecutor, said of the judge's comment to Lord: ``I remember Shapiro saying that, but I certainly thought it was harmless.''
Prosecutors contend Lord's testimony was insignificant in comparison with other evidence and testimony, including witnesses who said McCarley had threatened to kill Puffenbarger.
McCarley has consistently denied involvement in the killing. He called his trial a ``travesty of justice'' and said he was sleeping at home when the murder occurred.
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal