Experts discuss gunshot residue
Two forensic experts testified Tuesday that Debra Payne had gunshot residue on her hands and clothes, but both agreed that it did not mean she fired a gun. Forensic expert Alfred J. Schwoeble testified that it was impossible to say if the residue was even from the .38 caliber revolver that police allege she used to take the life of her husband, Harold.
Payne, 45, is charged with a single count of criminal homicide in the death of her husband, Harold “Gene” Payne. He was found dead in bed on June 5, 2003, at their 110 Orchard Drive, Grindstone, home.
While prosecutors claim Payne killed her husband, her defense attorney contends that Harold Payne killed himself.
Schwoeble, manager of the forensic science department at RJ Lee Group in Monroeville, analyzed clothing Debra Payne had on when police were called to her home after her husband’s death.
Schwoeble testified he found a total of 46 gunshot residue-related particles on the sweatshirt Payne was wearing.
One unique particle was on the right sleeve and one was on the left sleeve, Schwoeble testified. There was also one unique particle on Payne’s shorts, and 27 characteristic particles, he testified.
He defined a unique particle as the combination of antimony, barium and lead, the particles in gunshot residue. A characteristic particle has two of the three present, he testified.
Schwoeble testified that it was possible to pick up antimony, barium and lead from the environment, but that other particles can also be present, ruling out gunshot residue.
While Schwoeble testified he could not say the clothing was worn by someone who fired a gun, he said the presence of gunshot residue could mean that Payne was in the immediate area of a gun when it discharged or handled something that had the residue on it. Gunshot residue is transferable, he testified, likening the residue to talcum powder.
He also testified that gunshot residue settles to the floor within approximately 30 seconds of a gun being fired.
“(The particles) don’t float like feathers. They’re probably the most dense materials known to man, so they fall pretty fast to the floor,” Schwoeble told District Attorney Nancy D. Vernon.
Schwoeble also acknowledged on cross-examination that gunshot particles could stay on clothing for long periods of time if the clothes aren’t moved much.
“You can’t say that the gunshot residue was deposited on (that clothing) the day Harold Payne died?” asked defense attorney Samuel Davis.
“I can’t,” Schwoeble testified.
John E. Evans, a state police forensic expert, testified the palms of both of Debra Payne’s hands were consistent with characteristics of gunshot residue. Her son, Brian Jordan, had residue characteristics on both the palms and backs of both hands, Evans testified.
Jordan was the only other person present in the house when Harold Payne’s body was found.
Harold Payne had one unique particle on his left hand, and characteristic particles on both palms and the backs of his hands.
By state police standards, unique particles encompass the combination of antimony, barium and lead particles or antimony and barium particles, Evans testified. Any other combinations are considered characteristic of gunshot residue, he testified.
“You then can’t say within any reasonable degree of scientific certainty that Debra Payne fired this 38?” Davis asked.
“No, I cannot,” Evans testified.
“You can’t say that Harold Payne fired this 38 either?” asked First Assistant District Attorney Joseph M. George Jr.
“No,” Evans replied.
Jurors also heard testimony that genetic material from both Debra and Harold Payne were on the revolver.
Sabina Panzner-Kaelin, an expert on forensic DNA analysis, testified that she received blood samples from Harold Payne, Debra Payne and Brian Jordan.
Genetic materials were extracted from those samples and compared to the trigger and grip of the .38 caliber revolver police say was used in the shooting.
DNA indicated that Harold Payne could not be excluded as a person who touched both the trigger and grip of the gun, Panzner-Kaelin testified.
Debra Payne’s DNA indicated she also could not be excluded from touching the trigger of the gun, but was totally excluded from touching the grip, Panzner-Kaelin testified. Jordan’s DNA sample excluded him from touching both the trigger and the grip of the weapon, she said.
Panzner-Kaelin told George she could not say either Payne was a DNA match to genetic material on the gun because other genetic material was also on the firearm.
“Because it is a mixture (of DNA), I will not say it is a match,” she testified.
Christopher D. Johns, a serologist with the state police crime lab, testified that he tested a small patch on the right sleeve of Debra Payne’s sweatshirt because there was a faint red mark there. The testing showed no traces of blood, Johns testified.
He also testified that based on the pool of blood near Harold Payne’s head, that Payne did not move after the fatal shot was fired.
Jurors saw physical evidence in the case, presented through the testimony of trooper Richard Hunter. He took pictures of the scene and was responsible for collecting items at the Payne home. Hunter showed jurors a small, black 5-shot revolver that was taken from the bed near Harold Payne’s body.
He testified the gun was near Payne’s right elbow. That arm was tucked underneath his upper body, and Payne’s left arm was under a pillow that was under his head.
Hunter also identified pictures of the home, and of Payne’s body. Jurors were given several photos, but Judge Ralph C. Warman cautioned the panel that they were only to show the scene.
“You should not let these photographs stir up your emotions and prejudice you against the defendant in this case,” Warman said, noting that some of the pictures of Harold Payne were partially blocked out to avoid that.
Testimony will pick up this morning, when Allegheny County forensic pathologist Dr. Cyril H. Wecht is expected to testify.
Wecht determined Harold Payne’s cause of death as a homicide instead of suicide, noting that the fatal shot was fired anywhere from six to 12 inches from his head.
Wecht previously testified he never saw a self-inflicted shot fired from such a distance.