May 21, 2002 By Patty Shultz 5 min read

PITTSBURGH – The family of a Bullskin Township man facing the death penalty pleaded with the jury to spare their brother’s life as it considers his sentence. Joseph Minerd, 46, cried several times on Monday as his brothers and mother took the stand as the trial moved to the penalty phase.

Last week, the 10-woman, two-man jury panel convicted Minerd of malicious destruction of property by means of fire and explosion and causing the Jan. 1, 1999, deaths of Deana Kay Mitts of Connellsville and her 3-year-old daughter, Kayla Ashley Mitts. Deana Mitts was nearly eight months pregnant with Minerd’s unborn daughter at the time of her death.

The jury must now consider whether Minerd will be put to death or spend the rest of his life in prison.

“Your decision will be final,” said U.S. Senior District Judge Maurice B. Cohill. “I will not be able to change it. Take careful and thorough consideration.”

Cohill instructed the jurors that in determining the sentence, it must consider whether the prosecution had met the criteria established by law to impose the death penalty.

He also told the panel that while the government case may meet its burden of proof, the law does not require the automatic imposition of the death penalty.

“(A jury) is never required to impose the death penalty and you will never be asked to give a reason why you made the decision that you did,” Cohill said.

Minerd’s family members are hoping the jury opts to sentence their brother to life in prison as a death sentence would be hard on the family’s matriarch.

“It would probably kill my mother,” said a sobbing James Minerd. “I don’t figure she has much left in her.”

James Minerd told defense counsel Jay T. McCamic that his younger brother was a good man who worked hard and supported his family, especially during the hard times.

He recalled a period of time when he was out of work and his brother placed a sum of money in the family freezer so that he could provide for his family.

“He lent me the down payment for my home,” James Minerd said. “Joe’s helped me with a lot of things throughout his life.”

Mark Minerd, the youngest member of the family, recounted how his brother took on the father-figure role after their father took his life in 1976. Minerd said his brother and taught him to fish, hunt, repair cars, lay brick and be a good man.

“I watched my father die. I can’t think of watching them put needles in him,” said a tearful Mark Minerd.

Both brothers said they have faithfully visited Joseph Minerd during his incarceration at the Allegheny Prison and the federal facility in Moundsville, W.Va., and the family would continue to do so in the future.

Dennis Kosoglow, a general foreman at Elliott Company where Joseph Minerd was employed for nearly 25 years before his arrest, told McCamic that he was a trusted worker and rarely missed a day because of illness.

“Joe was a good employee,” Kosoglow said.

Under cross-examination by prosecutor Shaun E. Sweeney, assistant U.S. attorney for the Western District, Kosoglow said that an injury suffered by Joseph Minerd did not affect his ability to continue operating machinery or interpreting drawings in connection with his work.

During opening arguments, McCamic suggested that injuries from fall from and depression may have impaired Joseph Minerd.

“Was there any changes in his personality?” asked Sweeney. “Did he ever complain about dizziness? Did you ever notice any changes in his work?”

“No,” responded Kosoglow.

While both the prosecution and defense are permitted to present testimony to substantiate their respective cases in the penalty phase of the trial, the government chose to only offer an opening argument.

Chief criminal prosecutor Leo Dillon, assistant U.S. attorney for the Western District, told the panel that the government had met its burden of proof during the trial and would rely on the jury members to recall the testimony they used to render a guilty verdict.

Dillon said the prosecution had met its responsibility in proving that Joseph Minerd had intentionally killed Deana Mitts, caused serious bodily harm to her and her daughter and planned her death.

“The evidence is clear,” Dillon said. “The explosion and fire killed not only Deana, but endangered those living in the apartment building and killed Kayla and baby Jessica.”

Dillon said the murders were premeditated in that Minerd began purchasing pipe bomb components in mid-November and set off a test bomb in his preparations.

“This was a monstrous crime,” Dillon said. “(Deana Mitts) was pregnant with a child he didn’t want and he plotted and planned and went into the apartment and set (the pipe bomb) to go off.”

Dillon said that without the persistence of the Connellsville Police Department, Joseph Minerd could have gone free.

“It could have been the perfect crime,” he said.

Dillon encouraged the jury to follow through and impose the death penalty.

“This is a grave process, but you must not shrink from your responsibility,” he said.

The defense will continue to present witnesses when the court reconvenes at 9:30 a.m. today.