Opening arguments set to begin in murder case
WASHINGTON – Opening arguments will be heard today in the Gregory Modery homicide trial in Washington County. A panel of 12 jurors and two alternates was finally seated Monday afternoon in the trial before Washington County Judge Katherine B. Emery.
The final juror and two alternates were selected from the last 11 potential jurors in an interview session Monday afternoon. A total of 90 potential jurors had been called for the case. While only one potential juror had indicated during group voir dire that she was opposed to the death penalty on moral or religious grounds, numerous other potential jurors indicated that they would not be able to decide a death penalty case during individual questioning, eliminating them as jurors.
District Attorney John Pettit has said he will seek the death penalty against Modery, 31, of McMurray, if Modery is found guilty of first degree homicide in the shooting death of Ira Eugene Swearingen. Swearingen, a medical consultant from Stout, Ohio, was kidnapped while on his way to Uniontown Dec. 12, 1999 to assist with joint replacement surgery. His credit cards and bankcards were used at various locations in the area in the week following his disappearance. His body was found nearly a year later by hunters in Greene County.
Modery is charged with homicide, kidnapping, aggravated assault, robbery, tampering with evidence and conspiracy to commit each of those acts. A co-conspirator, Alexander Martos, 34, with previous addresses in Monongahela and Bentleyville, has pled guilty to first-degree homicide and is expected to be sentenced to life in prison following his testimony in the Modery trial.
It took a full week to seat the jury for the special trial. There are 10 women and two men on the jury, with one man and one woman serving as alternates.
Modery’s attorney, Fred Rabner, has asked to present two more pre-trial motions before testimony gets underway today. The motions are regarding his client’s right to a speedy trial and for more information from the prosecutors.
Pettit has said he has about 60 potential witnesses he will call, including several co-conspirators. The trial is expected to last at least two weeks. Opening statements are scheduled to get underway today at 9:30 a.m.