Criminal homicide trial begins Monday
Fayette County prosecutors believe Catherine Hamborsky committed murder when she shot and stabbed Thomas Lesniak last year. She and her attorney say she killed Lesniak in self-defense because he was trying to sexually assault her. This week, jurors will decide which claim to believe as Hamborsky’s criminal homicide trial gets under way Monday.
Hamborsky, 41, of Scottdale allegedly killed Lesniak, 52, of Melcroft on Jan. 4, 2005, at J.J.’s Bar in Upper Tyrone Township, and then burned the establishment down with him inside. Medical testimony has indicated Lesniak already was dead when the bar was burned down.
In an alleged confession to police, Hamborsky claimed she was forced to defend herself against unwanted sexual advances. She reportedly told police she wrestled a gun and knife from him as he tried to assault her. Forensic pathologist Dr. Cyril H. Wecht recovered five bullets from his body.
But a delay in reporting what had happened, alleged lies she told police when initially questioned, and the charge that she burned down the bar to cover up what happened have led prosecutors to believe that there is more to the story.
State police trooper David L. Bell charged Hamborsky with criminal homicide, abuse of a corpse and two counts of arson.
Hamborsky reportedly told police that Lesniak wanted sex in exchange for giving her credit on a poker machine at the bar, and he then came around the bar and started groping her.
They fell to the floor during a struggle and he pulled a knife, but she reportedly told police she was able to take it from him. She stabbed him in the back, between his neck and shoulder blade, according to the affidavit.
He then produced a gun, but dropped it as the struggle continued, she reportedly said.
She got the gun and shot him, police allege.
A toxicology test showed that Lesniak tested positive for cocaine and had a blood-alcohol content of .024. That is well below the .08 limit for Pennsylvania drivers.
However, during her first interview with police, Hamborsky reportedly admitted to being at the bar until about 10:30 p.m. when she and her husband returned to their Scottdale home, but denied going back to the location.
Later, after a gasoline can found at the scene was identified by Hamborsky’s husband, Bell alleged she provided additional details that included statements that she did go back.
Hamborsky reportedly told police that she disposed of the gun in Jacob’s Creek near her home. Bell said that the weapon has not been located and it has not been determined whether it was registered to Lesniak.
Hamborsky has been free on $50,000 bond since March 2005. This past March, she lost a bid to have statements she made to police thrown out. Her attorney also asked that the entire case be thrown out.
That request was partially predicated by her attorney’s claim that what caused Lesniak’s death may have been nothing related to Hamborsky.
Because Lesniak was overweight and already had health problems, Davis indicated that it was possible his death occurred before Hamborsky shot or stabbed him. Were his death the result of natural causes, he indicated that the criminal homicide charge could not stand because Hamborsky did not kill him.
Within a reasonable degree of scientific certainty, Wecht found that heart failure caused by loss of blood from the five gunshot wounds that killed Lesniak.
Most recently, Hamborsky came before Judge Steve P. Leskinen on an alleged violation of her bond conditions.
During a hearing held on March 29, an adult probation officer testified that Hamborsky tested positive for cocaine a week earlier.
While the officer testified he never has seen a false positive result for cocaine, Davis asked for a delay so that he could find someone to counter that contention. The balance of the hearing is scheduled for May 12 – and will be moot no matter the verdict.