Prosecutors file appeal to allow ‘bad acts’ evidence in Smithfield woman’s homicide case
The Fayette County District Attorney’s office has filed an appeal to the state Superior Court following a judge’s decision to prevent some evidence of assaults to be presented in a Smithfield woman’s upcoming homicide trial.
The appeal was filed by Fayette County Assistant District Attorney Wendy O’Brien following an order from Fayette County Judge Linda Cordaro, precluding the prosecution of presenting evidence of “prior bad acts” of Lori Tressler, 46.
Tressler is charged with criminal homicide in the August 2015 stabbing death of Robert Engle, 29.
Tressler’s attorney had contended that when the case goes to trial, prosecutors should not be able to introduce evidence of prior attempted stabbings or occasions when Tressler retrieved a knife while arguing with Engle. Cordaro also disallowed evidence of a 2009 harassment charge.
Tressler was never convicted in any of those instances, and while Cordaro ruled in favor of preventing that information to be heard at trial, she wrote in her order that she would reconsider her ruling once the defense rests, should prosecutors present rebuttal witnesses.
However, O’Brien writes that preventing such evidence “will substantially handicap the prosecution of this case.”
In her order, Cordaro permitted the evidence at trial of a suicide attempt by Tressler after her arrest.
On Aug. 22, 2015, police said, Tressler and Engle arrived at a birthday party in Georges Township. The couple was intoxicated and fighting, according to police, when Engle pushed Tressler down. Prosecutors alleged she told him she was going to get a knife and returned with one from the kitchen, stabbing Engle in the chest.
Engle was found dead on a neighbor’s porch at about 4:10 a.m., where he reportedly tried to get help.
Last year, another judge denied the defense’s request to suppress statements Tressler made to police after Engle’s death.
Tressler remains lodged in the Fayette County Prison without bail.