MIFFLINTOWN - The second day of a homicide trial in Juniata County ended with the prosecution resting its case and the defense re-issuing a motion to suppress a statement their client allegedly gave to police.
After the jury was dismissed for the day, Don Zagurskie tried for a second time to have a written statement allegedly given by his client Brenda S. Smith, 56, suppressed by the court. President Judge Kathy A. Morrow denied the motion.
Smith is charged with one count of criminal homicide and the jury will have to decide if she is not guilty or guilty of first or third degree murder, voluntary or involuntary manslaughter in the death of her son-in-law Michael Hockenberry.
Hockenberry, died of a gun-shot wound to the head on Sept. 15, 2010, at his home on Cedar Street in Mifflintown.
Juniata County District Attorney Cory Snook rested the prosecution's case, but reserves the right to call rebuttal witnesses if the need arises.
Tuesday's testimony began with Zagurskie launching into a marathon cross examination of the lead investigator on the case, Pennsylvania State Police Trooper Blaine Henderson.
Zagurskie focused on his client's alleged written statement to police and contends law enforcement had already determined Smith had shot Hockenberry and were trying to solicit a confession.
Henderson contends that at the time when he interviewed Smith he was simply looking to speak with one of the last people who saw Hockenberry alive. At the time of the interview he thought the death was probably a suicide, based on statements previously given that evening from Smith and Hockenberry's wife Carolyn, who testified on Monday she heard two popping noises come from the house, one while she was inside the house and one while she was outside.
According to court documents, Smith first spoke with police earlier that evening to report Hockenberry had hit her with a wooden TV tray.
During Zagurskie's cross examination he zeroed in on Smith's initial statement to police when she reported the alleged assault.
Zagurskie wanted to know if after being informed of Hockenberry's death, had Henderson "predetermined" the cause of death.
Henderson denied having seen the assault report and only spoke with the trooper who filed it in passing.
Henderson reiterated that he was "leaning toward a suicide" as the cause of death given the limited information he had prior to interviewing Smith himself.
"I never thought that Mrs. Smith would come into the state police barracks and admit she shot her son-in-law," Henderson said.
According to court documents, during the interview with Henderson, Smith changed her story several times before finally admitting she shot Hockenbery in the side of the head.
After Henderson's testimony, the prosecution called a series of scientific experts in different forensic fields.
Forensic pathologist Dr. Samuel Land testified he performed the autopsy on Hockenberry.
Land testified that the bullet that killed Hockenberry entered from the right of his head and exited the left side at a slightly downward trajectory.
Land determined the death was not a suicide due in part to the estimated distances from which the gun was fired.
Land said the gun was fired from an "intermediate range" at a distance of between six inches and four feet. Land added that at that distance a suicide is "nearly unheard of."
Forensic Scientist Kristen Kohler, who works for the Pennsylvania State Police, said she tested several items submitted by investigators for blood. Among those items were, clothing worn by Smith and a pistol recovered from the scene.
Kohler testified that most of the items tested "presumptively" positive for a blood, however there was not a large enough sample to make a "confirmative" test for blood, so she preserved the evidence and forwarded it to another lab for DNA testing.
On cross examination, attorney Ken Wise asked if there were any other substances other than blood that would give a "presumptive" test. Kohler said there were.
Forensic scientist Timothy Gavel, a DNA expert, testified he tested evidence forwarded to him, including clothing and the pistol.
Gavel said the results were mixed and Hockenberry and Brenda Smith's DNA were found on some of the items, along with that of another unknown person.
During cross examination by Wise, Gavel admitted that he could not determine if the DNA was from blood, skin cells or some other bodily fluid.
Last to testify was Michael Fortley, a ballistics expert who said he matched the discharged bullets at the scene with the pistol also found at the scene of Hockenberry's death.
Fortley also testified that the pistol had a trigger weight of 5.8 pounds. The trigger weight is the amount of weight required to depress the trigger and fire the weapon.
Testimony is expected to resume this morning with Smith's attorneys calling a half-dozen witnesses.
Pending further court action, Smith remains incarcerated in the Mifflin County Correctional Facility.
