May 17, 2002 By Patty Shultz 2 min read

PITTSBURGH – Deliberations in the case of a Bullskin Township man was delayed for several hours after one member of the jury panel had to be replaced due to a family emergency. U.S. Senior District Judge Maurice B. Cohill called legal counsels for both sides to the courtroom shortly after noon on Thursday to inform them of the necessary change.

Cohill said the juror contacted his office earlier and indicated that a death in his family had occurred overnight.

An alternate juror, who had been dismissed Wednesday when the 12-members began deliberations was recalled to fill the vacancy.

The jury is determining the guilt or innocence of Joseph P. Minerd, 46, who is charged with planting a pipe bomb in the Rose Square apartment of Deana Kay Mitts on Jan. 1, 1999, that killed her and her 3-year-old daughter, Kayla Ashley Mitts. Deana Mitts was approximately 8 months pregnant with Minerd’s child at the time of her death.

Minerd is charged under a federal statute relating to the malicious destruction of interstate property through the use of fire and explosion.

A New York-based firm owns the McCormick Avenue apartment complex.

The same arson and bombing law was used to prosecute Timothy McVeigh.

McVeigh was sentenced to die for the April 19, 1995, bombing of the Alfred P. Murrah federal building in Oklahoma that killed 168 people, including 19 children.

If convicted, Minerd faces the death penalty.

According to court procedures, said Cohill, the jury is required to restart its deliberations.

The panel was instructed not to resume and discussion relating to the case until the alternate joined the session, added Cohill.

Family members and friends of both Minerd and Dean Mitts had anticipated the announcement of a verdict when a flurry of activity began to take place near the courtroom about 10 a.m.

“This could be it,” said an unidentified woman.

Sighs associated with disappointment could be heard from both sides of the aisle as Cohill announced to those gathered the reason for the brief court session and the resulting action.

“It’s beyond anybody’s control,” said Cohill.

Testimony in the case began April 30 and concluded Wednesday morning with closing arguments by the prosecutor Shaun E. Sweeney, assistant U.S. attorney for the Western District and defense counsel, attorney Richard Kammen. Attorney Jay T. McCamic is co-counsel for the defense.

Deliberations will resume at 9 a.m. today.