Richard Poplawski Trial: Latest Notes From Court
Pittsburgh Man Accused Of Killing 3 Officers In Stanton Heights
UPDATED: 1:24 pm EDT June 20, 2011
PITTSBURGH -- The man who's accused of shooting and killing three Pittsburgh police officers during a domestic call in Stanton Heights was labeled as a "coward" during the prosecution's opening argument Monday at the Allegheny County Courthouse.
Richard Poplawski was brought into Judge Jeffrey Manning's courtroom in handcuffs by county sheriff's deputies, while a separate crowd of spectators gathered in another room to watch a closed-circuit feed of his trial.
Poplawski is accused of killing Eric Kelly, Paul Sciullo II and Stephen Mayhle when the three police officers responded to a domestic dispute call at his mother's house in Stanton Heights on April 4, 2009. The incident ended with Poplawski's arrest after a three-hour standoff.
Deputy District Attorney Mark Tranquilli told the jury that the day of the shooting was "a day of cowards and heroes." The heroes were the officers, Tranquilli said, and Poplawski was the coward who waited for them to arrive while he wore a bulletproof vest and armed himself with a pistol, assault rifle and shotgun.
Tranquilli told members of the jury that they will hear from more than 50 witnesses, including SWAT team commanders, police negotiators, emergency dispatchers and law enforcement who took statements from Poplawski after his arrest.
In her opening argument, defense attorney Lisa Middleman told the jury that Tranquilli was trying to inject emotion into the case by referring to the officers as "fallen heroes" and Poplawski as a "coward," and she asked the jury to listen to the facts that will be presented during the trial.
One of the first witnesses Monday was a call-taker for Allegheny County 911. The jury listened to a tape of the 911 call made by Poplawski's mother, Margaret, in which the call-taker asked if there are any weapons in the house and Margaret Poplawski said, "Yes, they are all legal." Based on that exchange, the officers were -- incorrectly -- not told about the guns when they were dispatched to the house.
Because of extensive pretrial media publicity, the jury of 12 people was selected in Dauphin County and transported to Allegheny County. The jurors are being sequestered during the trial.
Manning said he’s prepared to hold long days of court -- six days a week, if necessary -- and he has lifted a longstanding gag order that prevented anyone involved in the case from making public comments.
Poplawski is charged with three counts of homicide. Prosecutors will ask for the death penalty if the jury finds him guilty of first-degree murder.
Court is in recess until 1:25 p.m. Here are the raw court notes by Bob Mayo from the morning proceedings:
Judge Jeffrey Manning:
•
Rules that jury will not hear Poplawski's Internet radio show from two years before the killing, in which he talks about killing Pittsburgh Police. If there is a penalty phase, they will hear it then.
•
Lifts the gag order because the jury is sequestered.
•
Warns that anyone caught using phone or email in the courtroom will be banned from the rest of the trial.
Deputy DA Mark Tranquilli's opening statement:
•
Says that like December 7 and September 11, April 4, 2009 is a day people remember here
•
Says it was a day of cowards and heroes.
•
Says Poplawski was a coward, dressed in a ballistic vet, waiting for the officers with a 12 gauge pump shotgun, 357 magnum revolver, and an AK-47 assault rifle.
•
Calls the three slain officers fallen heroes, part of the thin blue line that protects us from people like Poplawski
•
Calls other responding officers heroes as well.
•
Tells jurors they will hear nearly 50 witnesses, including:
•
911 dispatcher, neighbors, responding officers including Timothy McManaway, who was wounded, officers who heard Poplawski statements after he was taken into custody.
•
Says Poplawski called one of those officers the n-word and said to an officer, "People like you are the reason people like me shoot people like you."
•
Tranquilli predicts defense will say 911 screwed up, not mentioning weapons in the house... will say Sciullo was shot by friendly fire (Tranquilli says that fire came after Sciullo was dead).
•
Tells jury to keep eyes of the ball... Remember that none would have happened except for Poplawski's actions.
•
Tells them to demand the proof the law demands, give Poplawski and the officers what the law provides.
Defense attorney Lisa Middleman's opening statement:
•
Tells jurors you are going to have to piece together what happened.
•
Claims prosecution opening was rhetoric designed to enrage you.
•
Says she will focus on physical evidence, that witnesses often say what people desire to hear.
•
Claims physical evidence will not support the prosecution theory.
•
Acknowledges Poplawski took responsibility for what happened that day, but asks why would he do that?
•
Says there was another person in the house that day and raises question of "what part she played in what happened that day"
FIRST WITNESS, Shannon Basa-Sabol, 911 call taker:
•
Testifies she took the call from defendant's mother -- Margaret Poplawski -- that day for a domestic dispute.
•
Says caller's voice was calm. When asked if there were weapons, says caller responded they were all legal .-- and gave no indication they were involved in the incident.
•
Prosecution played 911 recording.
2ND WITNESS, Joanne DeVinney, neighbor:
•
Described hearing gunfire.
•
Saw one officer down in doorway to Poplawski home, another on at foot of steps.
•
Prosecution shows police photo of officers down from front view of home -- one in pool of blood. Witness thought they were dead.
•
Witness at one point lay on floor of her kitchen for fear of the gunfire.
3RD WITNESS, Alfred Lejpras, neigbhor
4th WITNESS, Tameka Kelly, daughter of Officer Eric Kelly, tearfully described her father dropping her off that day and, even though off duty, responding to incident two blocks from their home.
5th WITNESS: Michele Ostrowski, neighbor