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Blairsville dentist's widow denies role in his murder

Paul Peirce

In her first public statement since the 2006 murder of her estranged husband, the widow of Dr. John Yelenic of Blairsville claims in federal court documents that she had nothing to do with his death.

Michele Yelenic, of White, Indiana County, made the declarations in a 14-page court document her Mechanicsburg attorney Andrew W. Barbin filed in U.S. District Court in Harrisburg.

The document was filed in response to a $1 million wrongful death lawsuit filed against her and Pennsylvania State Police earlier this year by other heirs of the dentist.

Yelenic has repeatedly declined comment about the April 13, 2006, killing of her husband, who was slain during a struggle in his Spring Street home.

Barbin wrote in response to the wrongful death suit that "it is denied that Michele Yelenic had any role in the death of Dr. John Yelenic."

He is seeking dismissal of the lawsuit.

Yelenic's formal response reveals that she testified before a statewide grand jury seated in Pittsburgh to investigate Yelenic's murder. State Attorney General Tom Corbett's office subsequently charged Michele Yelenic's boyfriend, state police Trooper Kevin Foley, with the murder.

Last spring, Yelenic's cousin, Mary Ann Clark of Blairsville, filed the civil lawsuit against state police, accusing investigators of covering up for Foley. He was arrested in September and faces trial later this year in Indiana County for Yelenic's slaying.

The lawsuit, filed by Dauphin County attorney Don Bailey, alleges that after the slaying, Foley conspired with Michele Yelenic and his former partner, Trooper Brian Bono, "to hide the murder from police."

Foley, who is being held in the Indiana County Jail, was living with Michele Yelenic at the time of the slaying, as the Yelenics were finalizing a divorce.

Among other defendants named in the lawsuit filed in U.S. District Court in Harrisburg are Foley; outgoing state police commissioner Jeffrey B. Miller; Foley's former station commander at the Indiana barracks, Lt. Bradley Shields; and Bono.

The lawsuit contends Foley, 42, killed the dentist at the behest of Michele Yelenic, who was angry about a pending divorce settlement and stood to benefit from her estranged husband's $1 million estate. The Yelenic family unsuccessfully went to court to seek a divorce after the dentist's death.

"Bono and Michele Yelenic caused and, or, assisted with that murder by encouraging Foley and by working with him to cover up evidence of the murder. Plaintiffs seek punitive damages because the actions of the defendants were vindictive, hateful and outrageously egregious," the lawsuit alleges.

Yelenic bled to death after he was stabbed numerous times. The killer also slashed his throat, according to Dr. Cyril Wecht, a forensic pathologist.

The lawsuit claims that several of Foley's co-workers in Indiana, including Bono, Shields, troopers James Fry, Daniel Zenisek, Deana Kirkland and Alison Jacobs, heard Foley make threats against Yelenic but took no action to stop the killing or to report his actions to superiors.

"Virtually none of Foley's colleagues, including defendants Bono, Fry, Zenisek, Shields, Kirkland and Jacobs, in clear and unequivocal violation of PSP regulations to report such misconduct, ever acted to protect John Yelenic or inhibit or discourage Kevin Foley in carrying out the plans of he and Michele Yelenic, despite being made aware by Foley himself of his intentions," the lawsuit states.

The lawsuit claims Yelenic's constitutional rights to due process and equal protection were violated because police were trying to protect a fellow trooper.

The other defendants, who have all filed responses to the suit, have asked U.S. District Judge Sylvia Rambo to dismiss the case because the allegations are false. Michele Yelenic also claims the allegations against her are untrue.

"Michele Yelenic has no personal knowledge regarding the nature or circumstances of the death. Any knowledge is indirect, through news accounts (the accuracy of which is unknown) and public documents like his death certificate. It is denied that Michele Yelenic had any role in the death of Dr. John Yelenic, or any knowledge of wrongful conduct against other defendants," her response states.

"Kevin Foley is charged with the crime, but awaits trial under a presumption of innocence. Michele Yelenic did not obstruct the investigation, and testified fully, without assertion of Fifth Amendment rights before the grand jury," it reads.

Yelenic claims she and her husband were involved in "typical divorce-related disputes," citing an instance "when Dr. Yelenic canceled health coverage contrary to agreements and without notice. Michele did not harass Dr. Yelenic."

Although Clark's lawsuit estimated Yelenic's estate was valued at more than $1 million, Michele Yelenic's filing estimates it is "approximately half the value as alleged."

She did not question the amount when questioned before the grand jury, but later review indicated the lower amount was correct, she contends.

Clark said she had not yet seen Michele Yelenic's response.

"I'm pleased she has finally said something. ... It's been more than two years since John was murdered. But I wish it wouldn't have taken a civil lawsuit to get her to respond," Clark said.

Rambo has given Bailey until Aug. 15 to respond to Yelenic's reply and motion to dismiss the case.