BEDFORD - Much of the testimony during the 10th day of the Joseph W. Clark retrial focused not on the defendant, but on a federal prisoner who allegedly confessed to the April 30, 2000, kidnapping and killing of Holly Notestine.
Clark and three of the prosecution's rebuttal witnesses testified in Bedford County Court Friday that David Lucas likely was not responsible for at least a part of the crimes in question.
Christine Hampton, Lucas' former fiancee, testified that the convicted bank robber was with her in New Jersey at the time of Notestine's disappearance and could not have made the 14-hour round trip to Bedford County without her knowledge.
Lucas allegedly wrote a letter to defense attorney Thomas Crawford in July 2005 saying he wanted to confess to Notestine's killing after hearing about Clark's arrest.
Crawford met with Lucas in the federal penitentiary in Lewisburg a month later and wrote down the inmate's statement because he said Lucas was illiterate.
FBI Special Agent Joseph Furey testified that when he met with Lucas in July 2000, Lucas was qualified to write his own statement regarding five bank robberies.
Clark testified that it was not possible for Lucas to steal his 1985 Oldsmobile the evening of Notestine's disappearance, as Lucas had claimed.
"You know what, I wasn't out guarding my car," Clark said at first. Then, after more questions from District Attorney William Higgins, Clark relented.
"I don't believe he [Lucas] had anything to do with my car," he said.
Higgins and Clark repeatedly raised their voices during Clark's cross-examination Friday morning.
President Judge Daniel Howsare told Clark several times that he had to answer all the questions presented to him and that he could not talk directly to the jury, as he had done several times.
Higgins and Clark were not the only ones to lose their tempers. During one objection, Crawford threw his pen down on his table, causing partner Barbara Weiss to jump back in her seat.
Crawford was found in contempt and was fined for his actions.
Adding to the commotion was the 11 a.m. start of the Bedford to Latrobe stage of the American Eagle Outfitters Tour of Pennsylvania Bike Race, which began just outside the courtroom windows.
After loudspeaker announcements and the singing of the national anthem, the loud shotgun start caused many in the room to scream out loud.
Crawford has said he will have several motions when the trial resumes at 8:30 a.m. today. Then both sides are expected to present lengthy closing statements.
Howsare said, depending on the time of day, he may then charge the jury and send them in for deliberations.
Mirror Staff Writer Wendy McCardle is at 946-7520.
