Sep 26, 2002 By Christine Haines 5 min read

WASHINGTON – Defense attorney Fred Rabner in the Gregory Modery homicide trial questioned codefendant John Shaker all day Wednesday, attempting to discredit Shaker’s Tuesday testimony. Shaker contends that he, Modery and confessed murderer Alex Martos all drove to an adult bookstore where Ohio medical consultant Ira Swearingen was kidnapped, beaten and robbed before later being taken by Modery and Martos and killed. Modery, 32, of McMurray is being tried as Martos’ accomplice in the case.

Swearingen disappeared Dec. 12, 1999, while on his way to Uniontown Hospital to assist with a knee replacement surgery the following day. His nude, skeletal body was found nearly a year later by two hunters in Greene County.

Rabner told Shaker that he agrees with him that two men were involved in Swearingen’s killing, but he contended that Shaker was the second man, not Modery.

“No sir, I was not the second man,” Shaker answered repeatedly.

“Do me a favor and don’t call me sir. That implies you have respect for me,” Rabner said.

“I do have respect for you, sir,” Shaker replied.

Shaker admitted to participating in a robbery on Dec. 3, 1999, the day he arrived in Pennsylvania with Martos, with Modery driving them and dropping them off near Mark Welsh’s house.

“You were trying to imply that Mr. Modery knew about a break-in about to happen?” Rabner asked.

“I can only answer for myself. I don’t know if Mr. Modery knew or didn’t know. I had no idea a burglary was about to take place at Mr. Welsh’s house,” Shaker said.

Four guns, including the Swearingen murder weapon, were taken from Welsh’s that day according to previous testimony. Shaker admitted to being there, but said it wasn’t until Martos threw a rock through a rear window that he realized what was going on.

Rabner contended that Shaker knew the details of the weapons taken because of his prior Army experience and because he examined them closely at his hotel room, not briefly at Modery’s house as he testified.

“We all looked at the guns when we were there. I didn’t even know the caliber of the guns when we were going through them. Mr. Modery described the guns. I can tell you about an M-16, but I never had that type of weapon,” Shaker said of the handguns.

Rabner also challenged Shaker about possibly having been coached to look directly at the jury when making clarifying statements, which Shaker also denied.

“I just know these people are the ones who are going to make a decision and I want them to know the truth. It’s up to them what happens,” Shaker said.

Rabner pointed out inconsistencies between Shaker’s testimony and past testimony in preliminary hearings. Rabner noted that in July 2000 Shaker testified that he and Martos drove past the adult bookstore a few times in a car borrowed from Robert Petrick, not mentioning Modery.

“I will answer under oath, before God, that Mr. Modery drove the car and Mr. Martos and myself were never in Mr. Petrick’s car alone,” Shaker said.

“How do you expect this jury to think God means anything to you?” Rabner asked as he recounted some of the past violent acts Shaker has admitted to or been convicted of, including two cases in which he assaulted girlfriends, landing one woman in the hospital for four days and resulting in a 27-month jail term in New Jersey.

“I’ve made a lot of mistakes. The great thing about how I see God is he is enabling me to be forgiven for my mistakes,” Shaker said. “I’ve made mistakes and I’ve accepted responsibility for my mistakes, and I am being punished for my mistakes.”

Rabner also asked him about changes in his testimony from a Dec 31, 1999, statement he gave to the FBI and state police detailing the conversation between Swearingen and Martos when they first got out of their cars at the kidnapping scene.

Shaker has now testified that he could hear conversation, but not the actual words. Rabner contended that he knew what Swearingen said because Shaker was the one he said it to, not Martos. He contended Shaker lured Swearingen from the bookstore parking lot just as he did Thomas Eckinrode three days later.

“I did lure Mr. Eckinrode away. I did not, did not, did not lure Mr. Swearingen,” Shaker said.

“Were you a liar then or are you a liar today?” Rabner asked.

“I’m not a liar,” Shaker said.

“You’re a liar. You are lying about what you heard because you are covering up what you did,” Rabner said.

“I’m not hiding anything, sir. I’m not hiding anything,” Shaker said. “I confessed to the authorities as well as the district attorney. I’m charged. I’m in jail. I told the police, the FBI, as well as the district attorney, what I did. …I wouldn’t just add Mr. Modery in if Mr. Modery wasn’t involved.”

Rabner also pointed out that the details Shaker gave police about the murder scene all turned out to be accurate.

“You know that because you were there, weren’t you?” Rabner asked.

“No sir, I wasn’t. I just gave a statement as to what Mr. Modery told me. Mr. Modery and Mr. Martos, yes, sir,” Shaker said.

Rabner will continue his cross-examination of Shaker this morning.