May 23, 2002 By Patty Shultz 4 min read

PITTSBURGH – Lengthy testimony and a holiday weekend will delay juror deliberations in the ongoing penalty phase of a Bullskin Township man charged with killing his estranged girlfriend. U.S. Senior District Judge Maurice B. Cohill, who is overseeing the capital case, told the 10 women and two men on Wednesday to enjoy the six-day break and return next week prepared to consider whether Joseph P. Minerd should be put to death for the crime.

Last week the panel convicted Minerd, 47, of planting a pipe bomb in the Connellsville apartment of Deana Kay Mitts on Jan. 1, 1999. The bomb exploded and killed Mitts and her 3-year-old daughter, Kayla Ashley Mitts.

Federal and local investigators said Minerd planned Mitts’ murder after he discovered she was pregnant and refused to have an abortion. She was approximately 8 months pregnant with Minerd’s unborn daughter at the time of her death.

Since Monday, the defense has presented 21 witnesses, including family members, prison personnel, inmates and physicians, in an attempt to convince the jury not to impose the death penalty.

If the panel cannot reach a unanimous decision, Minerd will face life in prison with no chance for parole.

On Wednesday, two neuro-psychologists attributed Minerd’s actions to brain damage sustained during a fall in July 1997.

Chicago physician, Dr. Michael Gelort, testified that when Minerd fell from the scaffolding he struck his head, which resulted in mild abnormalities of brain function.

“There is evidence of dysfunction,” he told defense counsel Richard Kammen.

Gelort said he reached his conclusions after reviewing medical and related documents and having Minerd complete a battery of tests to determine his mental state.

According to the testimony, after Minerd fell he remained unconscious for nearly 45 minutes and had difficulty moving his legs when he regained consciousness.

A week later, he visited his primary-care physician and reported having some medical problems and being depressed, but no testing was done at the time.

Gelort said after his examination in November 2001 he ordered a brain scan to determine if an injury to the head occurred during the fall.

Testimony by Dr. Srini Gobindan confirmed a scan was completed and determined the frontal region of Minerd’s brain showed evidence of injury.

The results, said Gelort, substantiated his analysis as to why Minerd behaved normally prior to July 1997 and experienced depression and associated behaviors following the accident.

“It helps to explain why this man’s behavior changed so dramatically in a short period of time,” Gelort said.

Under cross-examination by chief criminal prosecutor Leo Dillon, assistant U.S. attorney for the Western District, Gelort said his investigation included discussions with other family members who said Minerd’s personality changed after the incident.

While Gelort said the brain injury could substantially inhibit the ability to reason and plan, Dillon pointed to Minerd’s seeking assistance from co-workers to repair a stun gun, purchase pipe bomb components and carry out the bombing to contradict the analysis.

Testimony presented during the trial revealed Minerd asked co-workers to repair the stun gun in order for him to shoot Deana Mitts in her stomach to end the pregnancy. A receipt found at Minerd’s Longanecker home by investigators tied him to the purchase of an 8-inch pipe and two end caps used to construct the bomb.

“Did this injury make him incapable of knowing right from wrong?” Dillon asked.

“When placed in an environment that was very stressful and challenging, it was a source of stress-overload,” Gelort responded. “(The relationship and the pregnancy) was the straw that broke this man’s back.”

Dr. Michael McCue, a psychologist and a University of Pittsburgh professor, refuted Gelort’s theory concerning the relationship of brain damage and the carrying out of the crime when he testified as a prosecution rebuttal witness.

McCue told Dillon that his examination and testing of Minerd indicated that his judgement was fully intact and that he was able to reason, although test results did conclude some mild brain impairment.

“There is no relationship between the (brain) impairment and the crime,” said McCue.

The defense and prosecution will present closing arguments when court convenes May 29 at 9 a.m.