Jury In Retrial Of Man Accused Of Killing Two Sons In Rowhome Fire Asks More Questions On Key Testimony
PHILADELPHIA (CBS) -- During its second full day of deliberations, a jury popped another question in the murder/arson retrial of Daniel Dougherty. He's accused of setting an Oxford Circle rowhome fire that killed his two young sons in 1985.
The latest question centered on request to re-read the testimony of the only defense witness to take the stand, forensic scientist John Lentini.
Judge Scott O'Keefe told the prosecution and defense lawyers - out of view of the jury - that he was inclined to say "no," that they should rely on their recollection of testimony. Defense lawyer David Fryman says perhaps the judge should entertain the request and have a read-back of a specific portion or piece of the testimony. Prosecutor Jude Conroy says the rules of conduct state that it's the recollection that controls.
The judge also pointed out that Lentini was on the stand for a day-and-a-half.
When the jury returned to get an answer, Judge O'Keefe told them that the rules precluded him from "handing over a transcript of testimony," but they can get a readback on an "extremely specific question."
During his testimony, a former Philadelphia fire marshall, Thomas Schneiders confirmed the original report of arson. But Lentini told jurors the cause should have been ruled "undetermined."
The panel of jurors will resume deliberations Tuesday morning.
