Trending
HOLLIDAYSBURG -- A Blair County judge has set deadlines and scheduled a pretrial review of witness testimony for an upcoming capital murder trial in the 2020 shooting deaths of two people inside an Altoona residence.
President Judge Elizabeth Doyle, who canceled September's jury selection for Isiah "Zay" Payne, 35, Philadelphia, and Onya Lewis, 34, Gallitzin, because of the amount of outstanding pretrial work, on Friday scheduled jury selection for Nov. 28 to Dec. 1, followed by what's expected to be a two-week trial starting Dec. 4.
Because Payne is charged with first-degree murder and faces the death penalty if convicted, jury selection is expected to stretch over four days.
He and Lewis, who is charged with second-degree murder, are accused in the shooting deaths of Mikal Jackson-Stevenson, 28, Philadelphia, and Natalie Washington, 52, found dead May 28, 2020, inside Washington's residence on the 2600 block of Beale Avenue.
Police said it was Lewis who drove Payne to Washington's neighborhood, then dropped him off and drove around before returning to pick him up.
The couple then fled the area.
In court Friday, Doyle designated Oct. 20 as the deadline for submission of a motion to challenge the death penalty option. In August, attorney Thomas Hooper advised the judge that he intends to raise challenges on Payne's behalf.
Doyle also on Friday designated Nov. 1 and 2 as dates for review of anticipated witness testimony.
District Attorney Pete Weeks said Friday that he has about 50 potential witnesses.
In addition to investigating police officers, the prosecution witnesses are expected to include those with knowledge of a drug-selling dispute that developed between Payne and Jackson-Stevenson.
The witness list also needs to include those who prepared autopsy reports showing that Jackson-Stevenson was shot in the back of his head and that Washington was shot in her back.
In preparation for trial, Doyle is being asked for rulings that set limits for witness testimony. Weeks is already on record asking to bar what he refers to as Payne's "self-serving" statements to police about being in fear of Jackson-Stevenson and reasons why.
Defense attorney Richard Corcoran, who represents Payne, is on record against that request.
Defense attorney Kristen Anastasi, who represents Lewis and filed an amended pretrial motion Friday, told Doyle that the investigating police officers should be able to testify about Payne's claims that Lewis had nothing to do with the shootings.
While such statements wouldn't be in Payne's best interest, Anastasi said they should be admissible.
Doyle said she would admit Payne's statements such as "This was all on me" and "I take full responsibility" but excluding what she found to be a related confusing statement where Payne allegedly told police that Lewis "didn't have anything to do with nothing."
Corcoran also advised the judge that he expects prosecution witnesses to include Jeremy Gibson, who created a computer video to illustrate what likely happened inside Washington's residence before she and Jackson-Stevenson were shot dead.
Weeks said he didn't think he had to put Gibson on the stand, but could reconsider. Gibson's video is based on information provided by others who are expected to testify.
Doyle said the need for Gibson as a witness could be evaluated closer to trial.
Payne and Lewis have been in the Blair County Prison since their arrest on July 15, 2020. The COVID-19 pandemic, evidentiary matters and a change of defense attorneys have factored into the timing of their anticipated trial.
Mirror Staff Writer Kay Stephens is at 814-946-7456.