Ashley Pribicko reporting ...
April 27, 2010
UPDATE: The jury has sentenced Joshua Turner to Life in Prison after 2 hours of deliberation.
He will face aggravated assault sentencing in May. (See video from after the sentencing on wdadradio.com and 1160wccs.com)
UPDATE: The defense called their last witness to the stand today - Joshua Turner's mother, 44 year old Cathy Killian. She testified that her son had behavioral problems as early as age 3. After relinquishing custody of her son when he was nine, she now says she would like to rekindle their relationship.
In closing arguments, Indiana County District Attorney Tom Bianco told the jury that they should sentence turner to death because he tortured the baby ultimately to death.
Defense attorney Mike Marshall told the jury that no person is as bad as the worst thing they have ever done. He asked the jury to punish Turner appropriately, justly, and wisely. The defense told the jury to search their souls and hearts before sentencing their court-appointed client to death.
The jury that convicted Joshua Turner of killing a 19-month-old baby last week will decide his punishment today of death or life in prison without the possibility of parole.
Turner was found guilty of first degree murder and aggravated assault Thursday for the November 2008 death of Leonard McIntire (III). Indiana County District Attorney Tom Bianco is seeking the death penalty, but Turner’s court-appointed defense team says their defendant is borderline mentally retarded with an IQ of 71. The U.S. Supreme Court has ruled that anyone with an IQ of 70 and under, are not eligible for capital punishment.
The prosecution called clinical psychologist Dr. Lawrence Donner to the stand. He testified that on an IQ test, Turner scored only in the 60’s, but that he believes Turner was not working to his full abilities based on his high school records. Four family members also took the stand. Sobbing through her testimony, Clair Shirley said she wished she could have had more time with her grandson:
The defense called clinical and forensic psychologist Dr. William Tallichet to the stand where he testified that Turner did earn good grades, but in special education classes with modified grading scales. He said at the age of 17, Turner had the learning abilities of only a 4th grader. Tallichet testified that 97 out of 100 people have a higher intellectual level than Turner.
The defense also called clinical and forensic psychologist Dr. Christine Martone to testify. She said Turner had been sexually and physically abused as a child, and that from age 6 to 18, he had been placed in 15 foster or group homes. She said Turner has attempted suicide 14 times, and that he suffers from a severe mood disorder, a borderline personality disorder, and borderline IQ.
The jury is expected to receive the case sometime this morning.
April 26, 2010
The jury which last week convicted 20-year-old Joshua Turner of Black Lick for the murder of a 19-month-old baby returns to the courtroom of Judge Gregory Olson today to consider his punishment.
Turner was found guilty of first degree murder and aggravated assault for causing the November, 2008 death of Leonard McIntire (III). Indiana County District Attorney Tom Bianco is seeking the death penalty, but Turner’s court-appointed defense team says their psychologist tested the defendant’s IQ at 71, making him borderline mentally retarded. The U.S. Supreme Court has ruled in past cases that mentally retarded people, which it defines as those having an IQ of 70 and under, are not subject to capital punishment.
With the conviction for first degree murder, the jury has only two choices: death, or life in prison without parole.
April 23, 2010
A jury yesterday at the Indiana County Courthouse found Joshua Turner guilty of 1st degree murder and aggravated assault.
20-year-old Turner was standing trial this week for fatally punching, biting, and shaking 19-month-old Leonard McIntire at an apartment in Blacklick in October 2008.
The jury deliberated for nearly 3 ½ hours before reaching a verdict. Jurors were instructed by Judge Gregory Olson to return to the courthouse first thing Monday morning to begin the penalty phase to determine if Turner will be put to death or if he will spend the rest of his life in prison. All 12 jurors must agree on the death penalty for Turner to receive the sentence.
McIntire’s step-grandmother, Penny Shirley said she was relieved to here a guilty verdict:
Katherine Bish (in black), maternal grandmother of the baby, sits with Kim Shirley, the baby's mother.
See more photos on 1160wccs.com and wdadradio.com.
McIntire’s step-grandmother, Penny Shirley said she is hoping for the death penalty:
In council’s closing arguments yesterday, Indiana County District Attorney Tom Bianco said that it was clear from photographs of the baby’s injuries, that Turner intended to hurt the baby, and that according to his written statements to police that he abused the baby with malice. Bianco said that therefore, Turner should be convicted of 1st degree murder.
Turner’s court appointed defense team from Dubois, Gary Knaresboro and co-council Michael Marshall, closed by admitting that Turner did some terrible things to McIntire, but that he never intended to hurt the baby. They also said that Turner tried to get the baby help by calling its mother. They suggested to the jury that Turner be convicted of 3rd degree murder.
During the penalty phase, the defense will argue that their client is ineligible for the death penalty because he is mentally retarded, with an IQ of only 71. The U.S. Supreme Court has ruled anyone considered mentally retarded is ineligible for the death penalty.
April 22, 2010
Council made their closing arguments this morning in the trial of Joshua Turner.
In the commonwealth's closing arguments, Indiana County District Attorney Tom Bianco reviewed a slide show of pictures of baby Leonard McIntire III in intensive care pointing out that each photograph showed that Turner intended to harm the baby and that he attacked the child with malice and Bianco said that therefore, Turner should be convicted of 1st degree murder.
McIntire was the son of Kim Shirley, pictured above.
In the defense's closing argument, Gary Knaresboro said that yes, Turner did something terrible to Mcintire but that Turner never intended to kill the baby. The defense also said that Turner tried to get McIntire help by calling the baby's mother. Knaresboro suggested Turner be convicted of third degree murder.
The jurors are now deliberating and if they find Turner guilty of first degree murder, the jury will be sent back to deliberating the penalty phase to decide whether or not Turner will face the death penalty.
April 21, 2010
The Joshua Turner Trial will resume today at 9:30 in the courtroom of Judge Gregory Olsen.
A state trooper testified Monday that Turner confessed to punching, biting, and shaking 19-month old Leonard McIntire (III) at a Black Lick apartment in October of 2008. Turner was babysitting McIntire while his girlfriend, Kimberly Shirley, was running errands. Five days after the incident, McIntire died at Children’s Hospital.
Dr. Karl Williams from the Allegheny County Medical Examiner’s Office testified yesterday. Judge Gregory Olsen allowed Indiana County District Attorney Thomas Bianco to use autopsy pictures during the medical examiners testimony that showed injuries which contributed to the baby's death. Turner’s court appointed defense attorneys, Michael Marshall and Gary Knaresboro of DuBois, had asked the judge to bar the photos because they said it would prejudice the jury.
Williams testified that the baby had a broken arm and abrasions, bruises, bites, and ligature marks around his neck. Williams also testified that the marks around the baby’s neck appeared to be from a foreign object.
Others testifying yesterday included Dr. Luis Tomacruz, who treated the baby at the emergency room at Indiana Regional Medical Center. Several State Troopers testified about carrying out a search warrant and collecting evidence including bloody baby wipes and wash clothes from Shirley’s apartment. And a forensic scientist, deemed an expert in her field, said the blood on the clothes was McIntire’s.
The doctor who treated McIntire at Children's Hospital is expected to testify this morning, and more photographs of the baby are expected to be entered into evidence. Prosecutors are expected to wrap up their case today and jury is expected to start deliberations sometime Friday
April 20, 2010
Opening arguments were heard and nine people were called to testify Monday in the Joshua Turner Trial. Turner is accused of causing the death of his girlfriend’s 19-month-old son, Leonard McIntire (III) in October of 2008.
Trooper Timothy Lipniskis, who is a criminal investigator at the Indiana Barracks testified yesterday that Turner admitted to punching, biting, and shaking the baby. Lipniskis testified that Turner said the fussing baby caused him to “freak out.”
Turner is led from the Indiana County Court House after Monday's proceedings (Renda Broadcasting)
The Trooper read aloud the written statement Turner gave him the day after the incident. The defense asked that any time a word was misspelled in the document, that the trooper spell that word out.
Instead of denying that Turner caused the baby’s death, the court appointed defense team, Dubois attorneys Gary Knaresboro and Michael Marshall, is claiming he is mentally retarded, with an IQ their psychologist measured at 71, which means Turner is not eligible for the death penalty. Indiana County District Attorney Thomas Bianco is seeking the death penalty in this case.
Others who took the stand yesterday included Turner’s mother, the baby’s grandmother, Citiztens Ambulance personnel, and staff from the Indiana Regional Medical Center.
The trial resumes this morning in the Courtroom of Judge Gregory Olsen. He must rule on the admissibility of photo evidence which shows McIntire on a respirator in Children’s Hospital. The Defense wants to bar Bianco from using them because they say it would prejudice the jury. Olson says he will make a ruling when the issue comes up during the trial, which could be as early as today.
Turner is led from the Indiana County Court House after Monday's proceedings (Renda Broadcasting)