Jury hears closing arguments in homicide case
The attorney for accused killer Herbert C. Herrington asked a panel of Fayette County jurors to acquit him of fatally stabbing a man on Nov. 16, 2001. Defense attorney Mark F. Morrison told the four-woman, eight-man panel that prosecutors presented them with a “severely fragmented puzzle” of evidence that did not point to Herrington’s guilt beyond a reasonable doubt.
Herrington, 25, is charged with stabbing Charles E. Cramer during a fight at a Springhill Township party. According to testimony, the two had been fighting throughout the night over Melissa Masi, Herrington’s then-girlfriend. This morning, Judge Steve P. Leskinen will deliver the charge of the law to jurors and they will begin deliberations in the case.
While Morrison suggested in his closing argument that Masi might have been the one who stabbed Cramer in defense of her beau, District Attorney Nancy D. Vernon dismissed that theory.
She told jurors that there was no evidence that Masi stabbed Cramer and asked the panel to return a verdict of first-degree murder.
Vernon pointed to Herrington’s alleged use of a knife on a vital part of Cramer’s body. The knife wound went nearly seven inches deep, according to medical testimony, and hit Cramer’s left lung in two places, killing him.
Vernon said that such an act is evidence of malice, a legal necessity to find Herrington guilty of murder.
She also argued that jurors should not find Herrington guilty of manslaughter because he was acting in self-defense. To find Herrington guilty of manslaughter, Vernon said jurors had to believe Herrington felt he was going to die and defended himself.
“This was not self-defense,” she said in closing remarks.
Although defense testimony was presented in the morning, Herrington was not among the witnesses who took the stand.
Morrison told jurors they could not hold that against him, noting that some people do not do well under pressure.
The defense attorney also told jurors that none of the several witnesses present at the party, including Masi, could testify that it was Herrington who struck the fatal blow to Cramer.
He did, however, note that it was Masi who admittedly brought the knife outside, where the men were fighting.
She testified on Tuesday that she did so in hopes of scaring the men into stopping the physical altercation.
Morrison brought up the testimony of Dr. James L. Frost, a West Virginia Medical Examiner and forensic pathologist. Frost testified that if Herrington were pinned down on his left side, and Cramer were on top of him facing him, it would be near impossible for Herrington to stab Cramer in the upper body as was done.
“(Cramer) was looking at Mr. Herrington and he had him on the ground. Melissa had the knife,” said Morrison. “Ask yourself if that’s not a reason she might protect (Herrington).
He also asked the panel to remember Masi’s reaction when he asked her if she stabbed Cramer that night.
“She didn’t become outraged or annoyed or indignant about it. All she could offer was a feeble ‘no.’ Did that strike a nerve?” he asked the panel.
Before closing remarks were delivered to jurors, they heard additional testimony from state police trooper James A. Pierce. He testified that Herrington told police he stabbed Cramer, but said he did so in self-defense.