bloodrayne
01-14-2006, 08:34 AM
Witness To Be Recalled In Goat Killing Case
Pennsylvania - A Fayette County prosecutor will recall a witness today to rebut testimony from a father and son from Bullskin Township who are being tried on charges alleging they took part in stealing and killing a neighbor's goat on Christmas Eve 2004 in order to trade the meat for crack cocaine.
Charles W. Smith Sr., 49, and his son Charles W. Smith Jr., 21, both of 334 Breakiron Road, are facing charges of theft, receiving stolen property, criminal conspiracy and cruelty to animals.
Their jury trial started Thursday before Common Pleas Court Judge Ralph Warman.
The Smiths testified after two accomplices, Gilbert W. Fisch, 39, of 266 Dry Hill Road, Bullskin Township, and James W. Albright, 38, of Uniontown, who already pleaded guilty, testified against them.
Assistant District Attorney Phyllis Jin recalled Fisch after the Smiths testified. She plans to recall Albright today. The trial resumes at 9:30 a.m.
The first person to testify was Laura Locke, who said her husband called her at work on Christmas Eve that year and told her that Chloe, one of their goats, was missing.
She said she owned four goats and kept them in a barn near her and her husband's house on Englishman Hill Road.
The three remaining goats were visibly upset for two days following Chloe's disappearance, Locke said, noting Chloe was born at their property and was white with a few patches of black.
She said she discovered what happened to Chloe about a month later.
Locke said she didn't know the Smiths prior to the incident. The Smiths' property borders hers, she said.
Albright testified he entered the Lockes' barn at night, lassoed the goat with a rope and hit it with a metal pipe he found in the weeds.
"I hit it a couple times with a pipe," Albright said. "I hit her a couple times before I tied her up ... Then I hit her a couple more times."
He said he was afraid of the goat because he didn't know if it was going to charge at him.
The goat didn't immediately die, Albright said.
After beating the animal, he said he took it outside, tied it to a tree or shrub, walked to the Smiths' house and told them where he left it. "I was done with it," he said, noting that the goat was bloody and making "weird" noises when he left it.
Some time before going to the barn for the goat, Albright said he told Smith Sr., who was nicknamed "Snuffy" or "Snuff," Smith Jr., who was nicknamed "Wilbur," and a couple other people that he needed money for Christmas.
They told him that they knew someone who would buy a goat or trade "dope" for one, he said.
At first, he said a number of people told him he could sell the goat, but he didn't think it was the Smiths.
Jin said that testimony was different from the statement he gave police. She showed him a copy of that statement.
Albright said he was tired and half asleep when he was talking to police. He said the Smiths and the other people told him where he could find a goat.
After he tied it up, Albright said Smith Jr. went outside to get the animal, but he didn't see him leave.
Jin, again, said that testimony differed from the statement he gave police, in which he said Smith Jr. and his brother went outside with a steel pipe to kill the goat.
Albright said he was inside the Smiths' house when they left to get the goat.
He said he believed he was going to get paid for the goat, but did not.
"I thought I was getting some money. I didn't get nothing," Albright said.
Under cross-examination from defense attorney Mark Mehalov, Albright said he and Fisch went for a walk in the woods looking for a goat early on Christmas Eve.
He said he was on probation for theft and forgery charges from 2002 at the time of the incident.
Fisch testified he went to the Smiths' house on Christmas Day and Smith Sr. asked him to help skin and butcher the goat.
He said they put the meat in a garbage bag and "some girl come and got the meat."
Fisch said he wasn't promised money and received none for his assistance.
Under cross-examination, he said he pleaded guilty to receiving stolen property and conspiracy, and was sentenced to probation in exchange for testifying against the Smiths.
Fisch said he did not look for a goat with Albright.
Jin then rested the prosecution's case.
Mehalov called Smith Jr.'s brother Carl Martin Kendall, 23, of Republic as a defense witness.
Kendall said he and Smith Jr. went to Smith Sr.'s house around 11 or 11:30 p.m. Christmas Eve so Smith Jr. could pick up his Christmas gift.
He said he saw Albright standing near a goat, which was lying on the ground and not moving, when he left Smith Sr.'s house. Kendall said he never saw his brother approach the goat or carry a metal pipe.
He said he and Smith Jr. stayed 10 or 15 minutes and then went to their mother's house in Fairchance.
Under cross-examination from Jin, Kendall said he left the house and got to the car about a minute before Smith Jr. got back to the vehicle.
Smith Jr. testified when he was leaving his father's house, he said he saw Albright walking away from the direction of the goat, which appeared to be dead.
The goat was lying near a fence, Smith Jr. said. He said he didn't know where the animal came from.
Under cross-examination from Jin, Smith Jr. said he never told Albright to get a goat or offered to give him money or drugs for a goat. Jin then referred to a statement he gave police. He said Albright killed the goat and dragged it to his dad's house. Smith Jr. said he was simply agreeing with statements that Trooper James Pierce was making.
Smith Sr. said his son and Kendall came to the house between 11 and 11:30 p.m. that night so he could give his son his Christmas gift. He said Fisch dropped off Albright at around 10 p.m. and Albright left the house around 10:30 p.m., saying he was going to take a walk.
Smith Sr. said Fisch told Albright he knew a guy who would trade drugs for a goat and that Fish and Albright were driving around looking for a goat.
On Christmas Eve, Smith Sr. said he looked outside and saw Albright standing next to a white object near a fence. "I knew then he did something he shouldn't have," Smith Sr. said.
He said Albright stayed at his house until around 1:30 a.m. Christmas Day unsuccessfully trying to reach Fisch by phone.
He said Fisch skinned the goat alone and he did not tell Albright to steal the animal.
Smith Sr. said he didn't know where the goat came from.
Under cross-examination, Smith Sr. said Fisch told him he knew someone who wanted a goat. "It wasn't my business," Smith Sr. "I told them to get rid of it."
He said Albright told him he heard he could get crack cocaine in exchange for a goat.
Jin then recalled Fisch as a rebuttal witness.
Fisch said all he did was skin the animal.
Pennsylvania - A Fayette County prosecutor will recall a witness today to rebut testimony from a father and son from Bullskin Township who are being tried on charges alleging they took part in stealing and killing a neighbor's goat on Christmas Eve 2004 in order to trade the meat for crack cocaine.
Charles W. Smith Sr., 49, and his son Charles W. Smith Jr., 21, both of 334 Breakiron Road, are facing charges of theft, receiving stolen property, criminal conspiracy and cruelty to animals.
Their jury trial started Thursday before Common Pleas Court Judge Ralph Warman.
The Smiths testified after two accomplices, Gilbert W. Fisch, 39, of 266 Dry Hill Road, Bullskin Township, and James W. Albright, 38, of Uniontown, who already pleaded guilty, testified against them.
Assistant District Attorney Phyllis Jin recalled Fisch after the Smiths testified. She plans to recall Albright today. The trial resumes at 9:30 a.m.
The first person to testify was Laura Locke, who said her husband called her at work on Christmas Eve that year and told her that Chloe, one of their goats, was missing.
She said she owned four goats and kept them in a barn near her and her husband's house on Englishman Hill Road.
The three remaining goats were visibly upset for two days following Chloe's disappearance, Locke said, noting Chloe was born at their property and was white with a few patches of black.
She said she discovered what happened to Chloe about a month later.
Locke said she didn't know the Smiths prior to the incident. The Smiths' property borders hers, she said.
Albright testified he entered the Lockes' barn at night, lassoed the goat with a rope and hit it with a metal pipe he found in the weeds.
"I hit it a couple times with a pipe," Albright said. "I hit her a couple times before I tied her up ... Then I hit her a couple more times."
He said he was afraid of the goat because he didn't know if it was going to charge at him.
The goat didn't immediately die, Albright said.
After beating the animal, he said he took it outside, tied it to a tree or shrub, walked to the Smiths' house and told them where he left it. "I was done with it," he said, noting that the goat was bloody and making "weird" noises when he left it.
Some time before going to the barn for the goat, Albright said he told Smith Sr., who was nicknamed "Snuffy" or "Snuff," Smith Jr., who was nicknamed "Wilbur," and a couple other people that he needed money for Christmas.
They told him that they knew someone who would buy a goat or trade "dope" for one, he said.
At first, he said a number of people told him he could sell the goat, but he didn't think it was the Smiths.
Jin said that testimony was different from the statement he gave police. She showed him a copy of that statement.
Albright said he was tired and half asleep when he was talking to police. He said the Smiths and the other people told him where he could find a goat.
After he tied it up, Albright said Smith Jr. went outside to get the animal, but he didn't see him leave.
Jin, again, said that testimony differed from the statement he gave police, in which he said Smith Jr. and his brother went outside with a steel pipe to kill the goat.
Albright said he was inside the Smiths' house when they left to get the goat.
He said he believed he was going to get paid for the goat, but did not.
"I thought I was getting some money. I didn't get nothing," Albright said.
Under cross-examination from defense attorney Mark Mehalov, Albright said he and Fisch went for a walk in the woods looking for a goat early on Christmas Eve.
He said he was on probation for theft and forgery charges from 2002 at the time of the incident.
Fisch testified he went to the Smiths' house on Christmas Day and Smith Sr. asked him to help skin and butcher the goat.
He said they put the meat in a garbage bag and "some girl come and got the meat."
Fisch said he wasn't promised money and received none for his assistance.
Under cross-examination, he said he pleaded guilty to receiving stolen property and conspiracy, and was sentenced to probation in exchange for testifying against the Smiths.
Fisch said he did not look for a goat with Albright.
Jin then rested the prosecution's case.
Mehalov called Smith Jr.'s brother Carl Martin Kendall, 23, of Republic as a defense witness.
Kendall said he and Smith Jr. went to Smith Sr.'s house around 11 or 11:30 p.m. Christmas Eve so Smith Jr. could pick up his Christmas gift.
He said he saw Albright standing near a goat, which was lying on the ground and not moving, when he left Smith Sr.'s house. Kendall said he never saw his brother approach the goat or carry a metal pipe.
He said he and Smith Jr. stayed 10 or 15 minutes and then went to their mother's house in Fairchance.
Under cross-examination from Jin, Kendall said he left the house and got to the car about a minute before Smith Jr. got back to the vehicle.
Smith Jr. testified when he was leaving his father's house, he said he saw Albright walking away from the direction of the goat, which appeared to be dead.
The goat was lying near a fence, Smith Jr. said. He said he didn't know where the animal came from.
Under cross-examination from Jin, Smith Jr. said he never told Albright to get a goat or offered to give him money or drugs for a goat. Jin then referred to a statement he gave police. He said Albright killed the goat and dragged it to his dad's house. Smith Jr. said he was simply agreeing with statements that Trooper James Pierce was making.
Smith Sr. said his son and Kendall came to the house between 11 and 11:30 p.m. that night so he could give his son his Christmas gift. He said Fisch dropped off Albright at around 10 p.m. and Albright left the house around 10:30 p.m., saying he was going to take a walk.
Smith Sr. said Fisch told Albright he knew a guy who would trade drugs for a goat and that Fish and Albright were driving around looking for a goat.
On Christmas Eve, Smith Sr. said he looked outside and saw Albright standing next to a white object near a fence. "I knew then he did something he shouldn't have," Smith Sr. said.
He said Albright stayed at his house until around 1:30 a.m. Christmas Day unsuccessfully trying to reach Fisch by phone.
He said Fisch skinned the goat alone and he did not tell Albright to steal the animal.
Smith Sr. said he didn't know where the goat came from.
Under cross-examination, Smith Sr. said Fisch told him he knew someone who wanted a goat. "It wasn't my business," Smith Sr. "I told them to get rid of it."
He said Albright told him he heard he could get crack cocaine in exchange for a goat.
Jin then recalled Fisch as a rebuttal witness.
Fisch said all he did was skin the animal.