MEADVILLE —
The alleged videotaped confession of a Conneautville area woman accused in the shotgun slaying of her husband 15 months ago is expected to be played today in Crawford County Court of Common Pleas.
The jury is expected to view Patricia Oliver’s alleged confession to Pennsylvania State Police as her homicide trial enters its second day this morning before Judge John Spataro. Mrs. Oliver, 54, is charged by state police with criminal homicide for the Oct. 5, 2010, death of her husband, Anthony, 63.
She faces charges of allegedly shooting her husband once with a single-barrel 12-gauge shotgun at their home on South Norrisville Road before 10 a.m. that day following a domestic argument about bills.
Trooper Eric Mallory, the lead investigator on the case, testified Monday at the opening of Oliver’s trial that officers had found Mr. Oliver dead on the floor inside the home’s master bedroom, near the room’s doorway.
A single-barrel 12-gauge shotgun was found lying on the bed in the room with the gun’s breach closed and its muzzle pointed in the direction of Mr. Oliver, Mallory said. There were four unfired shotgun shells and one empty space in a five-slotted nylon ammunition sleeve on the shotgun’s rifle butt, he testified.
Mallory testified he spoke with Mrs. Oliver at the scene, after she had contacted the county 911 center for assistance following the shooting, but only asked her general questions such as was she injured and did she need medical assistance.
In a subsequent interview with troopers at the state police barracks in Vernon Township about two hours and 40 minutes after the shooting, Mallory testified Mrs. Oliver was advised of her rights and signed a waiver of her rights indicating she would speak with police without a lawyer.
A video of the interview then was made, Mallory testified. The video camera was only turned off once briefly due to “Mrs. Oliver being upset and no questions going on,” Mallory testified.
Mallory testified Mrs. Oliver never complained of any injuries nor did he see any injuries on her.
“No,” Mallory responded when questioned by Assistant District Attorney Doug Ferguson if Mrs. Oliver ever indicated to police that her husband was armed that day or if he had physically harmed her.
“Did she admit to shooting her husband?,” Ferguson asked.
“Yes, with a shotgun,” Mallory said.
“Did she indicate where she got the gun?,” Ferguson continued.
“From underneath the bed,” Mallory said, adding that Mrs. Oliver stated her husband was on the opposite side of the bed from her when she shot.
“She told me he did not,” Mallory said when asked if Mr. Oliver had anything in his hand at the time of the incident.
Mallory is expected to return to the witness stand this morning to resume his testimony in the case.
Mallory’s testimony Monday in county court was similar to that he gave at Mrs. Oliver’s preliminary hearing in the case in Dec. 7, 2010, before Magisterial District Judge Lincoln Zilhaver.
At the preliminary hearing Mallory testified that Mrs. Oliver said an argument between the couple began after Mr. Oliver yelled out an expletive statement while doing bills in the home’s kitchen. Mrs. Oliver had said her husband had not struck her, nor hit her earlier in the day, nor had he sexually assaulted her, Mallory stated at that hearing.
In Monday’s opening statements before testimony began, Ferguson told the jury that Mr. Oliver was unarmed the morning of the shooting, dying within 20 seconds of being shot as shotgun pellets perforated his right lung and exited his right shoulder area. Ferguson said testimony in the trial will show there were no drugs or alcohol involved in the case.
However, Jeff Misko, an assistant public defender who is one of Mrs. Oliver’s defense attorneys, said in his opening statement that while a lot of the evidence is not in dispute, there was legal justification for the shooting.
“Patricia Oliver acted in self-defense,” Misko said, saying evidence would show Mrs. Oliver was in threat of immediate serious bodily injury that day.
“It was a life or death decision on what she’s going to do,” Misko said of why the gun was fired.
Opening statements came mid-afternoon after a jury of seven women and five men was impaneled by early afternoon.
The trial is expected to last through Thursday.
Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.
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