Jury selection continues in Swearingen murder case
WASHINGTON – Jury selection is progressing slowly for the Gregory Modery trial in Washington County Court. Three jurors have been selected in each of the three days of jury selection, bringing the total to 9. The final three jurors and two alternates are expected to be selected today.
Modery, 31, of McMurray is charged with homicide, aggravated assault, robbery, kidnapping, tampering with evidence and conspiracy to commit each of those crimes in connection with the Dec. 12, 1999, disappearance and death of Ohio medical consultant Ira Eugene Swearingen.
By noon Thursday, 35 prospective jurors had been interviewed. Only one juror, a man, was selected Thursday morning. Two more women were selected in the afternoon, with the process going until around 5:30 p.m. Three female jurors were selected Tuesday, the first day of jury selection, and three more women were selected Wednesday.
There were 11 interviews scheduled for Thursday afternoon. The remainder of the prospective jurors are expected to be interviewed and selected today. A total of 12 jurors and two alternates will be selected.
Judge Katherine B. Emery said the selected jurors can expect to spend at least the next two weeks hearing testimony in the case against Modery. If they find Modery guilty of first degree murder, the trial will then enter the penalty phase with additional testimony before the same jury, which decides whether Modery receives life in prison or is sentenced to death. District Attorney John Pettit has indicated that he may call as many as 60 prosecution witnesses.
A codefendant in the case, Alexander Martos, 34, previously of Bentleyville and Monongahela, pleaded guilty to homicide on Feb. 1. He is expected to be sentenced to life in prison following the Modery trial. Martos has agreed to be a witness against Modery.
Martos and Modery, along with John Sebastian Shaker, allegedly kidnapped Swearingen near I-70 in Somerset Township while Swearingen was on his way to Uniontown to assist with joint replacement surgery. Swearingen was beaten and shoved into the trunk of his rental vehicle, then driven to the home of Robert Petrick. Swearingen’s clothing and other personal items were reportedly burned in Petrick’s yard. Petrick and Shaker face the same charges as Modery and Martos, except they are not charged with homicide.
Modery and Martos allegedly took Swearingen to a remote area of Greene County where Swearingen was shot once in the head and his naked body was thrown over an embankment. His body was found by hunters nearly a year later.
Modery is the first suspect in the case to face trial, since Martos entered a guilty plea. At least seven people have been charged in connection with the Swearingen case to date, including several people charged with tampering with evidence or receiving stolen property.
Opening arguments in the case are expected to be held Monday.