May 14, 2002 By Patty Shultz 4 min read

PITTSBURGH – Defense counsel for a Bullskin Township man accused of killing his ex-girlfriend and her young daughter offered several witnesses to establish the whereabouts of their client prior to her death. Friends of family members of Joseph P. Minerd told attorney Richard Kammen on Monday that New Year’s celebrations and repairs to a nephew’s home heater kept him from being connected to the Jan. 1, 1999, bomb blast that killed Connellsville resident Deana Kay Mitts and her 3-year-old daughter Kayla Ashley Mitts.

Police allege Minerd, 46, placed a pipe bomb at the 504 McCormick Ave. apartment occupied by the mother and daughter that exploded just minutes after the two entered the residence shortly after 2 p.m. on New Year’s Day.

James Minerd Jr. testified that for several hours on Dec. 31 his uncle assisted him in the repair of a malfunctioning kerosene heater.

He told Kammen that his uncle frequently visited his Plymouth Street residence and when he stopped at noontime on Dec. 31 he offered his expertise to repair the faulty heater.

“He started tearing it apart,” said James Minerd Jr., adding the pair visited several local hardware stores to purchase parts before completing the task.

Afterward, James Minerd Jr. said his uncle decided to return to his home to change clothes before returning for a party he was hosting that evening.

Tammy Povlik, a family friend, testified that Joseph Minerd was already at the party when she and her family arrived between 7 and 8 p.m. and departed with them at sometime between 2 and 3 a.m.

“Some left before midnight, but Joe stayed,” said Povlik.

When asked by Kammen if there was any possibility Joseph Minerd could have left and returned without her knowledge, Povlik said the confines of the mobile home made it unlikely anyone could leave without being spotted by those inside.

“Joe was there the entire time,” she said.

James Minerd Sr. also testified to his brother’s attendance at the party and said he and another brother, Earl Minerd, found their sibling sweeping sawdust at his Longanecker Road home at approximately 8:40 a.m. the following morning.

The three later returned to Earl Minerd’s home where they spent the remainder of the day together, added James Minerd Sr.

The youngest brother, Mark Minerd, testified that he was with his brother, Joe, until 5 p.m. at the family’s residence.

All the family members told prosecutor Shaun Sweeney, assistant U.S. attorney for the Western District, that they had very little knowledge about their brother’s relationship with Deana Kay Mitts and only became aware of her pregnancy through a member of their church.

Mark Minerd testified that he saw his brother later in the evening after he had been advised of the death of Deana Kay Mitts and her daughter.

“He looked like he’d been crying for a long time,” Mark Minerd told Kammen. “He was pretty upset.”

The defense also called Robert Miller, agent with the U.S. Treasury Bureau of Alcohol, Tobacco and Firearms (ATF), concerning his investigation of the incident.

Under questioning by defense counsel Jay T. McCamic, Miller said Joseph Minerd had no prior federal, state, or local police record and he cooperated with investigators when they spoke to him at his place of employment in April 1999.

“He signed a waiver of rights so you could question him, didn’t he?” asked McCamic.

“Yes,” responded Miller.

McCamic challenged several statements Miller made to a federal grand jury, stating he failed to adhere to notes he took regarding interviews.

In one instance, said McCamic, Miller told the grand jury that a neighbor heard a loud explosion instead of stating the woman was unclear whether it was a gunshot or an explosion as denoted in his report.

“Mrs. (Frances) Grimm said she heard a loud explosive-like noise,” said Miller.

Private investigator Julianne Cuneo told Kammen that she found several pricing inconsistencies at the Brillhart Hardware Store where police allege Joseph Minerd purchased the components for the pipe bomb.

Cuneo said she found similar items with different prices, some items not marked with their prices and several plumbing department items bearing the same price tag as those police said Joseph Minerd paid for the 8-inch pipe and two end caps.

Cuneo produced a receipt with a $5.59 cost for a drain cover and $3.29 price for two pieces of piping that resembled a receipt found by police at Joseph Minerd’s home during the execution of a search warrant.

Defense testimony is expected to conclude today with both sides then making closing statements.

U.S. Senior District Judge Maurice B. Cohill told jurors that the case would likely be in their hands on Wednesday.