EBENSBURG — Defense attorneys repeatedly asked Judge Timothy Creany on Friday to bar the testimony of the prosecution’s now-deceased star witness at the retrial of convicted murderer Ernie Simmons. He was convicted in the 1992 beating and strangulation death of an 80-year-old Johnstown woman.
Prosecutors want to have the testimony of Margaret Cobaugh read to the jurors at Simmons’ upcoming trial, contending that the defense would be able to raise questions about her credibility through other witnesses.
Creany did not immediately rule on Cobaugh’s testimony, but he did reject a defense motion seeking a change of venue for the trial. The judge decided that an attempt first will be made to choose an impartial jury from among Cambria County residents, starting Jan. 25. Prosecutors again are seeking a death sentence.
At Friday’s hearing, Creany appeared to be sympathetic to the defense’s argument that jurors should be able to judge a witness’ credibility by seeing and hearing Cobaugh’s answers and reactions on cross-examination. The judge gave both sides until Nov. 30 to submit any briefs, saying that he will rule soon after that.
Simmons, 52, who had been living in Johnstown at the time of the homicide, was convicted of first-degree murder and sentenced to death in the slaying of Anna Knaze at her home in the city’s Woodvale section. Her battered body was found May 6, 1992, by one of her sons.
In September, the U. S. 3rd Circuit Court of Appeals upheld a federal district judge’s decision ordering a new trial because prosecutors and police had withheld critical evidence favorable to the defense - much of it dealing with Cobaugh - in the first trial.
Although Simmons’ new trial is set for Jan. 25, it could be delayed. Prosecutors plan to ask the U.S. Supreme Court to accept the case for review and reverse the federal courts’ ruling. Legal experts have suggested that there is little likelihood the case would be accepted by the Supreme Court.
Cobaugh, who died in 2007, identified Simmons as the man who had raped her before Knaze’s body had been found.
Cobaugh testified that the rapist told her to keep her mouth shut or she “would get the same thing Anna Knaze got.”
District Attorney Patrick Kiniry said after the hearing, that the prosecution will be prepared to go to trial Jan. 25 “with or without her (Cobaugh’s) testimony.”
Altoona attorney Thomas Dickey, Simmons’ new court-appointed lawyer, said, however, “Case law requires that Mr. Simmons and his counsel have an adequate and fair opportunity to cross-examine this witnesss.”
Evidence withheld by the prosecution at the first trial shows that Cobaugh “lied” on the stand, Dickey said.
Ken Sottile, a public defender also representing Simmons, said that Cobaugh later recanted her testimony in an interview with another defense attorney and investigator. Sottile asked the judge not only to exclude Cobaugh’s testimony but also any reference to the alleged rape and about Simmons’ being charged with that rape.
Local News
Related Photos
-
Simmons Submitted Photo
Discussion
Deceased witness debated
- Local News
-
-
Boswell-based summer camp adding 130 acres
A Boswell-based summer camp is expanding again, with an additional 130 acres of Ligonier-area land expected to provide more space for a growing program for inner-city youth.
-
City not seeking grant for firemen
Six weeks after a second round of layoffs, Johnstown firefighters believe they have found a way to restore their depleted manpower.
-
Six awarded Allegany College scholarships
Six Somerset County residents recently were awarded the Lucas Popernack Memorial Scholarships for study at Allegany College of Maryland in the current 2011-12 academic year.
-
Blogging with heart
Although it was probably high school English classes that propelled by career, I always liked science and history – with some notable, teacher-personality-or-competence-related exceptions.
-
Commissioners appoint three to arena board
The Cambria County commissioners, looking for new input for the county-owned War Memorial Arena, have appointed three new members to the seven-member War Memorial Authority board.
-
In brief: Police seek suspect in Lower Yoder burglary
West Hills Regional Police are searching for a suspect in the burglary of a Lower Yoder Township home on Tuesday.
-
Lawsuit: Bedford County shooting not 'justified'
The widow of a man who a prosecutor determined committed “suicide by cop” by pointing a weapon at state police during a standoff is suing, claiming the shooting was not justified.
-
Book honors Flight 93 co-pilot Homer
The widow of Flight 93 copilot LeRoy W. Homer Jr. is releasing a book this month on the events of Sept. 11, 2001.
-
Mild winter speeds work: Entertainment venue may be complete by end of May
An unusually mild winter has accelerated construction of a new outdoor entertainment venue in Johnstown.
-
Man jailed on rash of charges
A Patton man is being held on $100,000 bond after police said he threatened to kill a woman, her family and himself unless she talked to him about a protection-from-abuse order.
- More Local News Headlines
-
Boswell-based summer camp adding 130 acres
Obama Scraps Birth Control Mandate
US Airmen's Killer Sentenced to Life in Germany
Navy Names Ship for Gabrielle Giffords
Raw Video: Deadly Blasts in Syria
Romney Slams President Obama at CPAC
Gingrich: Pres. Obama 'waging War on Religion'
5 Killed in Wrong-way Crash on I-10 in La.
Uzbek Man Pleads Guilty in Plot to Kill Obama
Denver's Largest-Ever Drug Bust Nets Dozens
Marines: No Punishment for Nazi-like Flag
Vets Look to Translate Military Skills Into Jobs
Raw Video: School Bus Burst Into Flames
LA School Reopens Amid Sex Abuse Scandal
$25B Settlement Reached Over Foreclosure Abuses
Pentagon: Allow Women Closer to Front Lines
LA School in Sex Abuse Scandal Reopens
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
