Homicide suspect reprimanded for flashing notes to witness
Jurors Wednesday morning heard the first testimony directly connecting Modery to Swearingen. Detective John Trkula of the Monroeville Police Department said clerks at two stores where Swearingen’s credit card had been used positively identified Modery from photo line-ups on Dec. 17, 1999, five days after he had left his home near Stout, Ohio, for Uniontown.
Swearingen never arrived in Uniontown, leading his family to begin a missing persons search for the 49-year-old medical consultant.
“I contacted American Express. They provided me with information that the credit cards had been used at three different stores at Monroeville Mall, Zales Jewelers, Gordon’s Jewelers, and Wilson Leather,” Trkula said.
Trkula said the clerks told him that two men had entered their stores. One woman described them as one about 5-foot-8 and the other a little taller and heavier. The taller, heavier man purchased a full-length leather trench coat at Wilson’s, while the other man purchased a waist-length black leather jacket. Two clerks identified Modery from photo line-ups as being one of the men who made purchases using Swearingen’s credit card.
Modery’s defense attorney, Fred Rabner, contends his client is the innocent victim of misidentification. Rabner noted that he is about 5-foot-9. He then asked his client to stand, with it apparent that Modery is considerably taller. Rabner also showed Trkula MAC machine photos taken about a half-hour after the coats were purchased, showing a man who appeared to be Alexander Martos wearing a full-length leather coat.
Rabner repeatedly questioned Trkula about descriptions he had been given by the store clerks that did not match the description of Modery. He also asked Trkula to compare the S in co-defendant John Sebastian Shaker’s rights waiver with the S in the Swearingen signature on the Wilson Leather receipt. Trkula said the two did appear to be similar.
Testimony is expected today from a forensic anthropologist and from additional police officers.