Yelenic divorce case bitter, jury told in Foley trial

An Indiana County jury Monday heard two versions of the contentious, three-year separation of an Indiana County dentist and his wife before he was murdered in 2006.

Divorce attorneys for the victim, Dr. John Yelenic, and his wife, Michele, outlined the conflicting accounts as the Pennsylvania Attorney General's Office rested its homicide case against suspended state trooper Kevin Foley. Later in the day, Foley's attorneys began their defense case.

Senior Deputy Attorney General Anthony Krastek is attempting to prove that Foley, 43, of White killed Yelenic because he was upset over a pending divorce settlement. Foley was living with Michele Yelenic on April 13, 2006, when the 39-year-old dentist was slashed and stabbed to death in his Blairsville home.

Effie Alexander, a Pittsburgh attorney who represented John Yelenic, described the divorce as bitter with protection of abuse orders, threats, allegations of child molestation, and transfers of the couple's 6-year-old son, J.J., in and out of public schools.

"John was very anguished by it. It was downright nasty," Alexander said.

Later, jurors heard Michele Yelenic's attorney, Daniel Lovette of Johnstown. Lovette described the couple's preliminary property settlement as "amicable," but added that it is not final until all parties sign it.

He admitted that at times both he and Alexander had to "cool off" their clients during the negotiations.

Under questioning by Krastek, Alexander told jurors that "out of the blue" in 2005, Michele Yelenic accused her estranged husband of child abuse.

Alexander said the allegations were "frivolous" and were deemed "unfounded" after every investigation.

She said when the couple finally reached a preliminary divorce settlement in January 2006, she drew up the final paperwork in February and forwarded it to Michele's attorney. She said Michele Yelenic refused to sign.

Alexander said Michele Yelenic was upset that she would lose $2,500 a month in alimony under the settlement because she had started living with Foley. She would still be paid $1,300 a month in child support for J.J., Alexander said.

The couple had agreed to a 60/40 percent split of real estate, with Michele receiving the larger amount, and she could keep the Susan Drive home the couple purchased during the marriage.

Alexander said Michele Yelenic was the beneficiary of a $1 million life insurance policy, but that J.J. would become the beneficiary once the divorce was finalized.

Alexander testified that after she asked for a contempt hearing in family court because Michele had backed out of the settlement agreement, she finally signed it the weekend before her husband died. She said Dr. Yelenic was murdered before he could sign the papers.

"Michele sabotaged every attempt to settle this," Alexander said.

After objections to Alexander's description from Foley's attorney, Jeffrey Monzo, Judge William J. Martin told jurors to ignore the sabotage comment.

Lovette said Michele Yelenic initially refused to sign the final documents because "John Yelenic had unilaterally withheld" her $2,500 spousal support payment in February 2006.

Lovette said he asked for a contempt hearing because John Yelenic did not make the payment.

"They were respectful of one another ... but they had their times, too," Lovette said.

Lovette said the dueling contempt hearings ultimately were canceled because both sides agreed to sign the settlement in April.

Alexander said although Michele Yelenic was still the life insurance beneficiary, she has not claimed it. She said it will go to the estate and eventually will be paid to J.J.

"And who has custody of J.J.?" Krastek asked.

"Michele Yelenic," Alexander replied.

Defense attorneys called former Indiana District Attorney Robert Bell to testify. Bell said within the first hours of the murder investigation he received three telephone calls from former state police crime Sgt. George Emigh, who was Foley's supervisor at the Indiana station.

Foley's co-counsel, Richard Galloway, asked Bell whether in any of the calls Emigh told him to investigate Foley.

"Pretty much all of them," Bell said.

Bell added that Emigh "was adamant" that they get a search warrant for Foley's residence that evening.

"But I advised at that point we didn't have probable cause," Bell said.

Galloway and Monzo contend that investigators ignored other potential suspects to focus only on Foley. Jurors heard testimony from previous witnesses that Emigh and Foley did not get along.

The trial will resume this morning.