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HOLLIDAYSBURG -- Blair County is being asked to pay a $15,000 retainer for a forensic pathologist's testimony in an upcoming capital murder trial for the 2020 fatal shooting of two people inside an Altoona residence.
Dr. Kevin Whaley, who performed autopsies for Blair County while employed as the lead pathologist at ForensicDX in Windber through August 2021, now works at the University of North Dakota in Grand Forks.
"He's a necessary commonwealth witness," District Attorney Pete Weeks said Friday during a pretrial hearing for Isiah "Zay" Payne, 35, of Philadelphia, and Onya Lewis, 34, of Gallitzin, who are scheduled for trial in December.
Payne, charged with first-degree murder and facing the possibility of a death sentence if convicted, is accused of fatally shooting Mikal Jackson-Stevenson, 28, of Philadelphia, and Natalie Washington, 52, of Altoona. Both were found dead on May 28, 2020, inside Washington's residence on the 2600 block of Beale Avenue.
Whaley, who testified Friday in a pretrial court hearing via video transmission from North Dakota, asked about options other than being required to travel to Blair County for trial. Weeks said the video transmission wouldn't work because in-person testimony is required at trial.
President Judge Elizabeth Doyle asked the defense attorneys representing Payne and Lewis if they would give up their right to require Whaley's in-person appearance at trial.
Attorneys Richard Corcoran and Thomas Hooper, representing Payne, and attorney Kristen Anastasi, representing Lewis, said no.
Doyle also expressed doubt about that option.
"Especially in a death penalty case ... when someone's life is on the line, I don't know that I would allow a witness of this magnitude to testify by video," the judge said.
Whaley said his employer requires the $15,000 retainer to be paid in preparation for his absence. His expenses are billed at what generally adds up to about $5,000 a day. With travel to and from a location, he said the anticipated absence is three days.
Whaley also mentioned that weather could influence his travel, along with the flight schedule at the Fargo, N.D., airport.
Weeks said that as long as Whaley is willing to travel and testify, his office will arrange for Whaley's airfare and lodging.
Mirror Staff Writer Kay Stephens is at 814-946-7456.