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.READ MORE: 21-Year-Old Eddie Rodriguez Killed In Road Rage Shooting On Roosevelt Boulevard, Police Say
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.READ MORE: WATCH LIVE: Delaware County DA Jack Stollsteimer To Announce Charges In Shooting Outside Upper Darby SEPTA Terminal
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.”MORE NEWS: 2 Men Found Dead Outside Home In Tacony Neighborhood, Philadelphia Police Said
The panel of jurors will resume deliberations Tuesday morning.