WASHINGTON, Pa. - Gregory Modery apologized to the court Wednesday for attempting to communicate with one of the prosecution's witnesses during the second day of his capital murder trial.
Modery, 31, of McMurray, who is on trial in Washington County Court for criminal homicide, told Judge Katherine B. Emery he was sorry for holding up notes to witness Tammi Wills during a brief court recess Wednesday afternoon.
Wills, who was called to testify by District Attorney John C. Pettit, said she saw Modery and three other people with him at the Baltimore House restaurant sometime in December 1999.
Modery is on trial for the Dec. 12 or 13, 1999, abduction, robbery and killing of Ira Swearingen, 47, a medical consultant from Stout, Ohio, who was kidnapped and stuffed into the trunk of his rental car in the parking lot of the Highway News adult video and bookstore in Somerset Township. Modery is accused of being an accomplice to Swearingen's abduction and subsequent murder.
Antoinette Smith, a waitress at the Baltimore House on the evening of Dec. 13, 1999, said she served a group of four people who charged a $150.69 meal with Swearingen's stolen credit card. They also tipped her $33.
"I thought that was very generous," Smith said of the tip.
She told the jury it appeared as if the four were "celebrating" as they often raised their glasses and arms as if they were toasting one another.
Smith couldn't identify in court who the people were, but it has been stated in previous court statements provided by another accomplice, John Sebastian Shaker, of Las Vegas, that the group included him, Modery, co-defendant Alexander Martos, 34, of Bentleyville, and Debra Levandosky, of Finleyville.
Levandosky has been charged with conspiracy and tampering with evidence because she allegedly tried to dispose of $10,000 worth of merchandise bought during a spending spree with Swearingen's stolen credit cards.
Modery held up one note asking "how's the baby?" and another that read "Easter dinner" to Wills while she was seated on the witness stand. Pettit said Wills met Modery previously through her brother, but couldn't clarify what the notes meant.
Emery warned Modery that if he violated policies again, she would take away his writing privileges.
Modery kept busy the majority of the day assisting his own defense by handing his attorney, Fred Rabner, documents during cross-examinations of witnesses and using a yellow marker highlighting court records.
Modery appeared upbeat during the morning session, often turning to wink or smile at his wife, Christy Novak Modery, who was seated in the courtroom.
Modery and the 12 jurors listened intently to testimony provided by Monroeville Police Det. John Trkula, who stated he got involved in the case on Dec. 16, 1999, when Swearingen's family members came to him with his credit card reports.
Swearingen was considered still missing at that time, because he hadn't shown up for a surgery at the Uniontown Hospital he was scheduled to assist in the morning of Dec. 13. Swearingen's two brothers-in-law, George McGlone and Larry Coleman, and his nephew, Nick Coleman, brought credit card transactions showing his cards had been used since Dec. 12 at the Monroeville Mall.
It is alleged Modery and Martos bought two black leather coats from the Wilson Leather store, three gold crosses from Zales jewelry and other purchases from Gordon's Jewelers.
A clerk at the Wilson Leather store picked out Modery from a police lineup photo, but Rabner pointed out that she described Modery as being only 5-feet, 8-inches tall. Rabner made Modery stand for the jury to show that he is over 6-feet tall.
"There is nothing here that identifies Modery using the credit cards," Rabner said. He insinuated that it was Shaker who signed for the merchandise.
State Troopers Gina Fagnilli and Michael Pisarchick later testified that they were called to set up surveillance at an automated teller machine at the Ames department store off of Route 51 in West Mifflin. Fagnilli said Swearingen's bank account showed that his money access card had been used at the Ames machine twice within 24 hours, with $200 taken out each time.
On Dec. 17, 1999, the troopers described how they watched Martos use the MAC machine. The troopers followed Modery and Martos after the bank transaction through the busy Route 51 and Route 885 corridor in the West Mifflin area. Modery was driving a red Nissan Pathfinder. Both troopers said they watched Martos toss something out the window, as they circled a Long John Silver's restaurant twice.
It was then that the troopers turned on the sirens in the unmarked police car they were using and pulled Modery over.
Swearingen's bank card and a receipt were retrieved in a grassy area by Long John Silvers.
Shortly after they were stopped, Modery and Martos were arrested and taken to the Belle Vernon state police barracks.
Testimony resumed this morning, with Pettit expected to call more law enforcement officials to testify.
