May 28, 2004 - Carrie's body is found and she is pronounced dead at 2:30am. Daniel Kukucka is arrested and taken into custody, charged with criminal homicide, robbery, theft by unlawful taking, and criminal conspiracy.

June 2, 2004 - Joseph Gacha, Jr., is arrested and taken into custody, also charged with criminal homicide, robbery, theft by unlawful taking, and criminal conspiracy.

July 22, 2004 - Daniel Kukucka commits suicide while in the Luzerne County Correctional Facility.

August 12, 2004 - Joseph Gacha appeared for a preliminary hearing. Charges were bound over to the Luzerne County Court of Common Pleas.

November 9, 2004 - The arraignment of Joseph Gacha was held. Prosecutors will seek the death penalty. Defense attorneys filed a motion to dismiss the charges against Gacha. A hearing on that motion is scheduled for November 22, 2004.

November 22, 2004 - A newly effected law concerning defense attorney representation in capital punishment cases may affect the court appointed defense attorneys. The hearing is continued until November 30, 2004.

November 30, 2004 - Due to the suicide of Kukucka, who had been represented by the public defender's office, the judge has ruled that it would no longer be a conflict of interest for the public defender's office to represent Joseph Gacha in the upcoming trial. (Former counsel were court appointed attorneys outside the public defenders office.) The prosecuting attorney's are reviewing the matter to determine if it will file a legal challenge to the ruling. They have concerns that the public defender's office may be privy to information obtained from Kukucka prior to his death. A pre-trial hearing is scheduled for December 21, 2004. Any change in legal representation is likely to cause a delay in the expected start date of the trial, which is scheduled for January 3, 2005.

December 21, 2004 - Another hearing was held concerning the defense representation. The issue does not appear to be resolved at this point. It does not seem possible that the trial will begin in January as scheduled.

December 30, 2004 - New attoneys, Jonathan Blum and William Ruzzo, are looking into the possibility of claiming an insanity defense. Additionally, requests have been filed to stop procesutors from using any statements Gacha made to police, limit the evidence used at trial because some it may have been illegally obtained, move the trail to another county or have an outside jury brought in to hear the case because of pre-trial publicity, forbid the use of certain crime scene photographs, forbid mentioning Gacha's prior criminal record and using hair and blood samples taken from Gacha. The judge will rule on these requests at a later date not yet specified. The judge will rule on the previous request to dismiss certain charges at a hearing scheduled for January 7, 2005.

January 7, 2005 - This hearing was cancelled.

March 2, 2005 - Gacha's attorney's have asked to have two separate juries selected, one for the guilt phase, and a second one for the penalty phase, an uncommon practice. Additionally, the attorney's continue to allege pre-trial publicity will make it impossible to select a fair and impartial jury. Prosecuting attorney's have appealed to the Superoir Court the court's decision to disqualify the defense attorney's from the case. This appeal is expected to delay the start of the trial. Another pre-trial hearing is scheduled for March 22nd.

March 19, 2005 - All activity has been halted while we wait for a decision from a higher court on the appeal of Gacha's legal representation by the public defender's office.

March 28, 2005 - Joseph Gacha writes letter asking to have his attorneys removed from the case for ineffective counsel.

April 14, 2005 - Public defenders ask to be removed from the case per Gacha's request.

May, 2005 - Judge rules against public defender's request for removal from the case citing that while Gacha is entitled to a public defender, he is not entitled to a particular public defender and that neither Gacha or the public defenders provided sufficient proof of irreconcilable diffferences.

Prosecutor's have appealed the public defender's office appointment to represent Gacha to the state Supreme Court. A decision is pending.

August 25, 2005 - Mark Bufalino and Paul Galante were reappointed by Luzerne County Judge Joseph Augello to defend Gacha after Blum and Ruzzo again requested to be dismissed from the case in a closed hearing held August 4th. Judge Augello also appointed Demetrius Fannick to the defense team.

October 25, 2005 - Judge Augello ruled that Gacha's statements to police after his arrest and all hair and blood evidence taken from Gacha would be used at trial. Additionally, Judge Augello denied the defense request to move the trial to another jurisdiction or have an outside jury brought in to hear the case. The defense also filed a motion to suppress certain crime scene photographs to prevent the jury from becomming "inflammed." Judge Augello will rule on that motion at a later date.

A trial date of December 6, 2005, has been set. Jury selection will begin November 28th.

November 21, 2005 - The judge granted a continuance in the case. A new trial date is expected late winter/early fall.

March 24, 2006 - The judge has assigned John Pike to replace Demetrius Fannick. Jury selection is set for May 30th, with the trial scheduled to begin June 5th.

May 10, 2006 - Defense attorneys have filed to bar prosecutors from seeking the death penalty because evidence in the case shows there was no "intent" to rob Carrie until "after the death." The death penalty only applies if Gacha is convicted of robbery and it is proven that there was the intent to commit robbery before the death occurred. A hearing is scheduled for May 30th.

May 26, 2006 - The trial has once again been delayed until the end of August.

August 28, 2006 - Jury selection begins finally!!! Twelve family members wait for quite some time in the rotunda of the courthouse for the jury pool to assemble. It is our understanding that we should see the jurors to be sure there is no one we know. We are told that there is not enough room in the courtroom for us and that we can go in after the judge addresses the entire group and individual questioning begins. We are finally allowed into the courtroom and there we see Gacha sitting at the defense table. He is a large man. I imagined Carrie, under five feet tall, struggling for her life against him. He looks like he is enjoying himself, like he doesn’t have a care in the world. Gacha’s lawyers ask for a sidebar with the judge. The prosecution lawyers then ask us to join them in the hall outside the courtroom. We are told that the judge has ruled that anyone planning to give impact statements cannot be in the courtroom for jury selection because we may influence the potential jurors. It seems ridiculous to us, but we do not wish to give the defense any possible grounds for appeal. Seven of us wait outside, while five remain in the courtroom. Jury selection continues to after 7:00pm. Six jurors selected, five women, one man.

August 29, 2006 - Fewer family members wait today. Carrie’s maternal grandmother, Linda, has decided that she does not feel she will be able to read an impact statement and decides to sit in the courtroom for jury selection. Today, we are told that those inside the courtroom cannot discuss the events in the courtroom with those waiting outside the courtroom. Again, jury selection continues until just after 7:00pm. Three more jurors have been selected. There is now a total of six women and three men.

August 30, 2006 - The chairs from outside the courtroom have been removed. Family members intending to read impact statements are now told they must move away from the courtroom so that the jurors exiting the courtroom cannot see them. We are nervous about how quickly jury selection went today, but jury selection is complete. The jury is comprised of eight women and four men. There are four alternatives, two women and two men. The trial will start Tuesday, September 5th, at 9:30am.

September 5, 2006 – This long awaited day has finally arrived. Everyone is tense, nervous, and anxious. Opening statements are brief. I expected to hear more about Carrie, but prosecution attorney Bill Finnegan does mention that Carrie was nicknamed Care Bear. The first witness is the police officer that was first to arrive at the scene. He described the scene in detail, referring to pictures, some which included Carrie’s body. The pictures are handled in such a way that only the jurors can see them, although a few people sitting closest to the jury can also see the pictures from a distance. The defense attorneys stood near the jury box in order to see the pictures. The pictures are later passed to the jurors for closer inspection.

The second witness is Gacha’s half brother, Chris Howell. He testified that Gacha came to the home Howell shares with their mother on Friday morning and told him that he had killed someone the previous night. In the conversations that followed that morning between Gacha and Howell, Gacha relayed the following story: Daniel Kukucka picked up Gacha from work Thursday night and wanted to get some marijuana and knew where some could be bought. However, before getting to the music room where Carrie slept, Kukucka said that if alot of marijuana was there, he planned to steal the marijuana, to which Gacha replied, “I’ve got your back.” Once inside, Kukucka reached for the lockbox in which Carrie kept pictures. Carrie tried to stop him from taking the lockbox and Gacha grabbed Carrie from behind, putting his hand over Carrie’s mouth. Carrie bit Gacha, taking a chunck of skin from his finger. Gacha showed the wound to Howell. Howell also testified that Gacha gave him the keys to his apartment and a car, telling Howell to keep whatever he wanted and get rid of the rest of his belongings. Gacha then borrowed a pair of sandals from Howell before leaving, who was not aware of what happened to the shoes Gacha was wearing when he arrived that morning. Howell also testified that at first he didn’t believe Gacha’s story, or thought he may be exaggerating. He and his mother waited for the mid-day news. After hearing of Carrie’s murder on the news, they called police. Howell’s testimony was strong evidence against Gacha. When asked about Gacha’s demeanor that morning, Howell replied, “He seemed almost proud of himself.”

After breaking for lunch, the next witness was the manager of the restaurant where Gacha worked. He established Gacha’s work hours, and testified that Gacha wore a short-sleeved blue denim shirt and denim shorts that night. The next witness called was the man who found cargo shorts, a bloody short-sleeved blue denim shirt and white undershirt, and Carrie’s purse along side a road near his home. All the items found were produced for evidence. I could not see blood on the shorts, but both shirts were heavily stained with blood.

The next two witnesses were from the state police crime scene processing unit. They explained the examination and collection of blood samples. Also introduced into evidence was clothing taken from Kukucka at the time of his arrest. There was no blood on the shirt, but blood was found on the on the bottom of the pants and on his shoes. Also introduced into evidence was the shirt Carrie was found in. The shirt was completely purple in color. I couldn’t even guess what its original color was.

Carrie’s boyfriend, Jimmy, also testified, establishing that prior to leaving for work on Thursday night, the music room contained an X-Box video game system, DVD player, and lockbox, which were missing from the crime scene photos. He also identified Carrie’s purse and said he had met Kukucka, but had never met Gacha.

The day’s testimony ended somewhat early. The jury was dismissed and we were advised that the lawyers and judge would be holding discussions concerning what pictures could be used the following day. We left feeling confident that things were going well. The defense tried to convince the jury that none of the evidence proved that Gacha was inside the music room and that the clothing could not be positively identified as being worn by Gacha on the night of the murder. I was surprised that the jury did not see pictures of Carrie so that they could put a face with a name at least. The number of sidebars amazed me. I went home and realized I was exhausted. I attributed it to having tossed and turned the previous night, getting only about an hour of sleep.

September 6, 2006 – Witnesses today included Kukucka’s former girlfriend, Christine Harvey. She testified that Kukucka wore the same clothes Thursday night as he wore when arrested. She also testified that she received a call from Gacha on Friday evening and asked him if he had heard about a murder in Larksville. His response: “I know a lot about it. I did it.”

Heather Sherlinski, Gacha’s girlfriend and mother of two of his children, testified that Gacha also admitted murdering Carrie to her. Gacha, Sherlinski, and their children went to Virginia Beach after leaving the home of Gacha’s mother. During the next several days, Gacha showed her the bite on his finger, admitted to slicing Carrie’s throat, and said, “She was a hard bitch to kill. She didn’t want to die.” When Sherlinski asked Gacha how he could do it, he smiled and said, “I just did.” Sherlinski also admitted to drinking and smoking marijuana during the time in Virginia. When asked how she could remember the details of their conversations, she replied, “There are some things you just don’t forget.” I wonder if she thanks God every day to be alive.

Gacha’s mother, Jacquelyn Gacha, also testified that when Gacha come to her home on Friday morning he told her “I killed a guy last night.” When Sherlinski said that Gacha told her it was a girl, Gacha yelled, “Shut your ____ mouth.”

A forensic DNA scientist provided testimony that the shirt Gacha was last seen wearing contained Carrie’s blood. He also identified Gacha’s blood on the outside of the door to the music room. In addition, Gacha’s DNA was found on the blue denim shirt. The DNA analysis and probability statistics were hard to follow. The jurors were shown a large chart to explain some of the findings. Again, others in the courtroom could not read the chart.

It was another long day. Again, I wondered why the jury could not see pictures of Carrie. I was surprised that testimony I heard at the preliminary hearing two years ago was not brought up. It seemed as if there were countless sidebars, which were at times frustrating and other times almost humorous as five lawyers jockeyed for a spot at the judge’s bench to whisper to the judge. The judge held a note pad up to his face to be sure the jurors could not hear him or perhaps so that the jurors couldn’t read his lips! You could never guess how long a recess would last. Sometimes you could barely get back inside the courtroom in time and sometimes fifteen minutes could stretch to over half an hour. Again, I found myself exhausted at the end of the day. I fell asleep on the couch again.

September 7, 2006 - We were warned that autopsy photos would be shown today and were given the opportunity to leave the courtroom. No one left, at first. Carrie’s father, Tom, and maternal grandfather, Butch, left the courtroom during the agonizing, detailed testimony of the corner. I managed to get glimpses of the photos, which not only confirmed by worst thoughts, but also made me realize I had actually underestimated the brutality Carrie suffered. I knew she had been stabbed or slashed 47 times, but told myself that there must have been many small cuts, defensive wounds, less painful, though just as terrifying I was sure. The pictures I saw told another story. The autopsy photos revealed an impression on Carrie’s chest made by a zipper similar to that on the cargo pants. Defense attorney Pike tried his best to provide for the possibility that the fly zipper of Kukucka’s pants could have made the impression. It was laughable. Carrie’s DNA was found in one of several zippers of the cargo pants worn by Gacha.

A blood spatter expert also testified. He explained how small samples are taken from an object. He showed pictures of the blue denim shirt and white undershirt on a projection screen. There seemed to be more blood in the pictures than there appeared on the clothing shown in court. It was explained that the blood lightens in color and in fact can look more like dirt over time. The expert testified that the wounds inflicted on Carrie would cause blood spatter on anyone close enough to inflect the wounds. He also examined the clothes worn by Kukucka and found no blood on the shirt, either from direct contact with Carrie’s blood or from spatter. He found transfer blood on the bottom of Kukucka’s pants and shoes. If Kukucka had come to trial, it would be difficult to say he ever had a knife in his hand and stabbed Carrie.

During one of Pike’s cross examinations, I noticed one of the jurors shaking his head, as if to say Pike was getting nowhere with his efforts to instill reasonable doubt. Later, a “short” recess lasted an hour. After that recess, we returned to the courtroom to find that the juror I observed shaking his head had been dismissed. A female alternate replaced him.

Luzerne County Detective Gary Sworen read the statement written by Gacha on the day of his arrest. Gacha stated that he and Kukucka had two beers when Kukucka picked him up from work. In his statement, he said Kukucka had a knife and began stabbing Carrie. Gacha claims to have left the music room and then returned to find Kukucka kicking Carrie. Gacha was pretty sure she was dead, but then took the knife from Kukucka and stabbed her in the back several times to “make sure she didn’t suffer.” It was sickening to hear. Did he really expect us to believe he only stabbed Carrie out of some sick sense of mercy? Sworen also asked Gacha what clothing he had worn that night. Gacha told Sworen he wore a gray T-shirt with a picture of the Tasmanian devil and brown cargo shorts. When asked if he could further identify the pants, Gacha told Sworen that the shorts had a tear in the right knee. The cargo shorts were displayed and there was the tear in the right knee.

On cross-examination, Pike asked Sworen if the gray T-shirt described by Gacha was ever recovered. It was not. He then produced a picture of Gacha with his two children taken at Virginia Beach. Pike asked Sworen if Gacha was wearing a gray t-shirt. Yes, he was wearing a gray T-shirt that was never recovered. Pike asked, “Does that look like the Tasmanian Devil on the shirt?” Sworen replied, “Yes, that looks like the Tasmanian Devil behind his children.”

The prosecution enters into evidence pictures of the scene where the bloody clothes and Carrie’s purse were found. The jury sees the contents of Carrie’s purse. Little pieces of who she was. Attorney Finnegan holds up two wallet size photos: a picture of Carrie and her sister, Katie-Jo, and a picture of Katie-Jo alone. I get a familiar lump in my throat and sting in my eyes as I think of Katie-Jo. The pictures are not passed to the jurors. I hope the jury can see the little pictures clearly. The prosecution rests.

September 8, 2006 – The defense calls one witness, Amber Amos, Gacha’s half sister. She testified that Heather Sherlinski told her she lied in her testimony. Sherlinski told Amos that the police told her she had to say what the police wanted, threatening to have her children taken from her if she did not cooperate. Even if you believed Sherlinski lied, the other evidence was overwhelming.

Closing arguments began mid morning. Prosecutor Bill Finnegan began. He pointed out that Gacha always said “I” when admitting the murder, never “we”. He carefully reviewed the evidence. He explained the legal definition of intent. I couldn’t see how anyone could come to any other conclusion than guilty of all charges. But once again, I expected the jury to hear more about Carrie, about her life and dreams. As I was starting out in my career and learning to write reports relevant to laws and regulations, I was told, “Just cover the facts. This is wrong because this is what the regulation states.” Carrie lived. She died. These are the facts.

Pike tried to convince the jury that Kukucka was the principal assailant. He wasted his breath.

The judge gave the jury instructions. It was long and at times confusing. The jury could not take notes at this time. I was sure the jury would have questions and need it explained again. The jury began deliberations around 1:15pm.

A buzzer sounds when the jury has questions, get hungry, or have a verdict. They pass a paper to a court employee, who forwards the paper to the judge. The judge can go in and answer questions, or have the jury brought back into the courtroom and answer the questions there, which is what Judge Augello opted to do. Shortly after deliberations began, the buzzer sounded. It was early, so he assumed it was a question. Somehow word trickles down that there is a question. Many people go back to the courtroom to hear the question. The jury actually had three questions. Could they have an easel, could they examine evidence, and could they have written explanations of the charges? They judge provided an easel, instructed the jury they must ask for legal guidance from him and it could not be in written form. They could examine pictures but not the other evidence. Later in the afternoon, the buzzer sounds again. Everyone is anxious. Again, we learn there is a question. Everyone files back into the courtroom. I am sure everyone expected the same question. Please explain the legal definitions of the murder charges and the different degrees of guilt. The judge explains it again. Again, it is long and confusing. What about just the facts?

People wait in different areas of the courthouse and move from one area to another. The second and third floors of the courthouse actually have four sides. One corner houses the elevator, while the other three corners have steps leading to the other floors. There is one courtroom on each of the four sides, as well as jury deliberation rooms and various offices that line the exterior of the courthouse. There is a hallway that goes around the building that is actually a balcony. Marble railings line the outside of the hallway providing a view of the doomed top of the courthouse above, the rotunda on the first floor, and the other courtrooms on the other three sides. Gacha’s family and friends, few in number, wait mostly opposite the courtroom. Both the prosecution and defense attorneys seem to wait mostly in front of the courtroom to the left of the courtroom the trial was held in, which is number one. Most of us wait around in front of the courtroom to the right of courtroom one where we have spent so much time in the last two weeks. We are closest to the jury deliberation room and the elevators. As courthouse employees leave for the day, the hallway to courtroom one is blocked from both sides. Some people filter in and out of the luncheonette in the basement, which unfortunately closes mid afternoon and is the only area in the courthouse where smoking is allowed. I was surprised to find any smoking areas in the cuorthouse. We are told we can wait in a hearing room near the courtroom which has more chairs. These chairs are padded, unlike the few wooden chairs in the hallways. There is the commissioners’ office on the first floor. We ate our lunch in there. Pizza was delivered. The weather is beautiful outside and sometimes people go out for a little fresh air.

The day drags on and you begin to lose confidence in the jury. You talk to someone and discuss what the jury could possibly be thinking. Is there someone holding out? Someone will say they are just taking their time, making sure they do it right. You nod in agreement. No one can predict how long this will take.

Around 6:00 the buzzer sounds. Unfortunately, we have now learned that anyone trying to enter the courthouse after closing hours has to ring a buzzer to gain access. However, the reporters, camped out in the rotunda with a view of the courthouse door, head for the elevators. I guess thy are experienced at this waiting process. Shortly, we hear the jury is asking for dinner. False alarm. We know we will be here at least a couple more hours. We order pizza again. While waiting, my husband and I take a walk and move our car from the parking garage to across the street from the courthouse. The walk does some good. I feel better. The pizza arrives, but this time we eat on the third floor in the hearing room close to the jury deliberation room. We notice that a table has been placed outside the courtroom with the now familiar plastic containers to place your pocket contents. There are three wands to sweep over your body. Extra security. One of the two alternate jurors who had stayed after deliberations began left. One woman remained. She now had a vested interest and wanted to see this to the end. She stood closest to the courtroom, first in line.

More people wait on the third floor now. Sometimes there is an eerie silence. Sometimes there is a lot of chatter and laughter. The lighting is different now without sunlight coming through the stained glass dome. You can’t help but remark on what a beautiful building it is. More people should see it at night, under different circumstances of course. If someone goes outside, we make sure they have a cell phone and can be reached quickly. This is difficult because camera phones are not allowed in the courthouse; so many of us had no cell phones.

After nearly seven and a half hours, the buzzer is heard again. The reporters head for the elevators. Surely this is it. The word spreads there is a verdict. I am one of the first to get into the courtroom. I see the last remaining alternate sitting in the front row. Our side. Where Carrie’s grandmother, Linda, has sat all week. I have noticed all week that seating is a curious thing in this courtroom. The witnesses and judge have the only microphones in the courtroom. The lawyers often have their backs to us as they question the witnesses. It is difficult to hear. Everyone in the courtroom wants to hear every word. But no on more than Carrie’s closest family. But it isn’t just about being able to hear. It’s about being able to see the jury and judge reactions. It’s about making sure the jury sees the family that came everyday to see that Carrie gets justice. Twice during the previous four days I have walked in and found someone sitting where Carrie’s mother, Wendy, has sat all week. I can remember someone from the DA’s office sitting there. I happened to turn around as Wendy walked into the courtroom. She was stunned. He eventually moved. Another time, a woman walked in and started to sit down. I told her that Carrie’s family was sitting there. She smiled and moved, explained who she was. But this alternate juror didn’t move. Everyone squeezed in. Maybe she was making a statement. Maybe she was saying I’m on your side. I have listened and I feel your pain. I have been instructed not to speak to anyone, but I can speak without words. I want to see justice tonight. I am proud to be a part of it.

The jury entered the courtroom. I still couldn’t read their faces. I expected them to all glance our way as a signal of some sort. The judge instructs us to remain seated while the verdict is read and to control our emotions. The jury foreman stood to read the verdict. Guilty of first degree murder. Quiet gasps and sniffles could be heard, but there was relative calm. The foreman continued to read the other verdicts. Guilty of all charges, meaning Gacha is eligible for the death penalty. The defense team asks that the jury individually give their verdicts. Many of them stared directly at Gacha as they firmly said guilty. They all identified Gacha as the principal assailant. Gacha remained emotionless as he had throughout the trial. The jury was dismissed. They will return at 10:00am on Monday for the penalty phase of the trail.

We must stay in the courtroom until the jury leaves the courthouse. During that time, the judge handed down the maximum sentence on the other charges. Maximum of ten to twenty years on each charge to be served consecutively. Gacha still faces either life in prison without parole or the death penalty. It is hard to serve additional time after your life, but it means something. You have done something so horrific, we want you to pay for your crime even after you die. If there is an afterlife, you should continue to pay the price for your sins.

We were told to gather in the commissioner’s room again. On the way there, Wendy and her step-mother, Donna, are pulled aside. When they came into the room, the attorneys addressed us, explaining that we have a 99.9% victory. The death penalty is like icing on the cake, but it is hard to get 12 people to agree on death. We all understand that. Bill explained that he wanted only two impact statements. He didn’t want to overdo it. I knew this meant Wendy and Donna's statements. He said he would get in touch with Wendy over the weekend to discuss the impact statements. I understand, but I am upset that I may not get the opportunity to read my impact statement. For two years I have anticipated this day. The defense team said my statement was very powerful. My brother is very quiet and doesn’t always express his thoughts. I wanted to help him. I wanted the jury to know what I know he feels. It was my way doing something to help.

September 9, 2006 - I slept eight hours last night. By 10:00am, I am back on the couch and sleep another four hours. I have never slept so much in one week in my life.

September 10, 2006 - I talked with Wendy twice today. Apparently the law only allows impact statements to be presented by immediate family. I told her I was concerned what the jury might think if they only heard two impact statements. I asked her if she would be allowed to show pictures of Carrie during this part of the trial. She also asked that, but was told no. I asked her if so could put in a few words for me. “We all appreciate how difficult it is to have a part in having a man put to death. None of us, Carrie’s family and friends, or the jury, would chose to be here. Joseph Gacha made that choice for us. He made that choice 47 times.”

September 11, 2006 – On the way to the courthouse, I begin to cry. I am still very upset about the impact statements. I know that Chris is planning to give his statement and that he has worked on it the previous night. He is truly a man of few words. I worry about him. As expected, there was a delay in getting started. I have not seen Wendy, Chris, Donna, or Butch all morning. I begin to cry again. I know they arrived at the courthouse two hours earlier than everyone else to go over their impact statements. I just wanted to see them, to see how they were holding up and offer a shoulder to lean on. Once inside the courtroom, I talk with Carrie’s father, Tom. He said he didn’t feel able to control himself and decided not to read his impact statement. His wife, seven months pregnant, had considered reading it for him, but was not feeling well. Butch came into the courtroom. He told me that because the defense wanted limited statements, he and Donna agreed that Donna’s statement was more powerful and should be read. He also told me that Donna would read her statement first, followed by Chris and then Wendy. They would each have to remain outside the courtroom until called in to read their statements.

In opening statements to the jury, Bill Finnegan explained that the prosecutors are limited in the penalty phase of the trial. I hoped they listened. Pike asked for mercy. Where was Gacha’s mercy for Carrie?

Donna came into the courtroom and was sworn in. I thought it strange that she had to swear to tell the truth. Did anyone really expect to hear lies about the emotions of loss? Donna is experienced at writing, giving speeches, and presentations. She did very well. She gave the jurors a good sense of who Carrie was, what she meant to people. Donna said she missed having Carrie stop by unexpectedly. She said what she missed most was hearing Carrie say, “I love you.”

Chris came in next and was sworn in. He looked confident and composed. He read his statement slowly, but with a clear voice. He told everyone how he missed Carrie when she moved out of their house and was always glad to see her when she came to visit. He talked about the Jeep he bought for her when she began to drive. He said Carrie was the most affectionate and genuine woman he had ever known. He talked about watching Wendy cry herself to sleep. It was heartbreaking for me to hear Chris say he knows someday he will have to explain all this to Katie-Jo. He told everyone about Katie-Jo visiting Carrie’s gravesite and saying, “I love you Sissy.” I wished the jury could hear Katie-Jo say those words. It still tugs at my heart to hear Katie talk about her sister. Will that ever go away? Chris had a lot to say this day. I was so proud of him. And I was so happy to see him put his feelings into words. I hope it helps him.

Wendy came in and was also sworn in. Her hands shook, something we laugh about together because her hands always seem to shake anyway. It’s something we share, but she definitely has me beat! Her statement was long. She is so proud of Carrie and she wanted to make sure the jury knew it. She listed many of Carrie’s achievements. Wendy said she tried to raise Carrie right, and anyone who knew Carrie knows that Wendy succeeded. She told the courtroom some short funny stories about Carrie. I wondered how she could pick just two, because there are so many! Wendy left the witness stand, her mission completed. I felt the jury finally knew Carrie.

I talked with Wendy during a break. She said any comments about punishment for Gacha were edited from the statements.

Next came the defense. We heard from two teachers who testified that Gacha had great difficulties in school. He was picked on by the other kids, grew up very poor, and often didn’t have clean or appropriate clothing. He missed a lot of school, and his parents didn’t seem to care about his education. He dropped out of school at the age of 16 after failing the eighth grade. We heard testimony that Gacha’s father was abusive and an alcoholic. His mother and father divorced and he lived with his father, which subjected him to more abuse. Chris Howell again took the stand. This time he said there is still a lot of good in his brother. He is a good father when not under the influence of drugs or alcohol. He doesn’t want to see him die. Amber Amos also took the stand again. She testified to mental, physical, and sexual abuse. Her two eldest children, two boys ages 12 and 14, also testified briefly. Also taking the stand was the grandmother of Gacha’s oldest child, who said Gacha was a great father. The mother of that child also testified and read a letter from the 10 year old daughter asking to please let her Daddy out. The girl knows her father is in jail, but thinks he will get out and take her to Dorney Park. No one disputes the fact that Gacha’s childhood was horrible. Even if you thought there might have been some exaggeration in the testimony from family members, nobody would say Gacha had a normal childhood.

We also heard testimony from officials at the prison where Gacha was held. Gacha has had counseling for alcohol dependency and drug abuse. However, on cross examination, there is no evidence that Gacha ever suffered withdrawal symptoms upon entry into prison. Gacha has been a role model for other prisoners. He completed his GED in less than a year. A mediation specialist outlined many different mitigating factors, such as childhood abuse and neglect, that studies have proven to influence behavior in criminals.

Dr. Jonathan Mack, an expert in forensic psychology and neurology, testified that Gacha suffered from brain disease caused from being hit in the face with a metal pipe. It was his testimony that Gacha developed aggressive behaviors as a result of that injury and that Gacha could realize what he was doing was wrong, but still not be able to stop himself.

The prosecutors were allowed to present a rebuttal witness. The lawyer and psychologist testified that he did not agree that Gacha obtained a brain injury from being hit in the face. Medical records from 1996 indicated a CT scan showed no signs of damage to the brain. The expert also testified that he interviewed Gacha. In that interview, Gacha said his father never hit him. Gacha also said that he had half a beer after getting off work on Thursday night.

September 12, 2006 – I arrived early so that I could have some tea and relax before entering the courtroom. I watched jurors arrive, as well as the attorneys. One of Gacha’s attorneys walked by me carrying the morning newspaper. I watched him across the courthouse as he spread the newspaper on the balcony. He read the first page. I saw him turn the two pages to where I already knew the story continued on page 5. He could only have read a paragraph at most and stopped. I wondered what was going through his mind.

Closing arguments. Again, Bill Finnegan carefully went through the testimony. He agreed that Gacha did not have the upbringing that people would like to have and should have. “But not everyone who doesn’t get the support they should get goes out and commits murder.” But, Gacha was out of that environment for a decade. He held a job, supported his family, and functioned just like the rest of us. He obtained his GED in less than a year. There was no proof that he was dependent on alcohol or that he had more than two beers on the night of the murder.

The jury began deliberations at approximately 11:15am. Most of us assembled in the commissioners’ room. After about an hour, the buzzer sounded. We expected the jurors were requesting lunch. They did. We ordered pizza and hoagies. A little more than an hour passed. The buzzer again. We suspected a question. Some chose to stay behind, but word spread that everyone should go to the courtroom. Again, everyone emptied there pockets into the plastic containers, purses where searched, wands waived over bodies. The jury came in. They had a question: how to proceed if they reached an impasse. Judge Augello asked if any of the jurors wanted further clarification of the law. The jury foreman did not know. They returned to the deliberation room. We waited very briefly. The jury returned. No one needed further clarification. The judge asked the foreman if he felt that further deliberation would result in a unanimous decision. No. The jury was excused. There was little emotion. No one was surprised. The judge rendered a verdict. Life in prison with no possibility of parole.

We assembled in the commissioners’ room again. There were parting words, thanks from the prosecutors for our support and professionalism. Thanks from the family for the prosecutions’ efforts as well as for the support received from the DA’s Victims/Witness Service Unit, as well as from Victims Resource Center. We said goodbye to people we would probably never see again but would forever remember.

The family of Carrie Martin extends its deepest and most sincere appreciation to the many friends and strangers who came to this trial, if only for a limited time, as well as to prosecutors William Finnegan and Jarrett Farentino, Detective Gary Sworen, state trooper Lisa Brogan, former Larksville police Officer Michael Tribendis, and Luzerne County District Attonrey David Lupas. We also wish to extend that same praise to the many employees in the Luzerne County Victim/Witness Services Unit and Victims Resource Center.

The above account of events surrounding the jury selection and trial are that of one person and are by no means meant to include all facts or opinions of others. I admit to having a jaded view of the justice system even before the events of May 28, 2004. It has also been a true learning experience of the workings of criminal law in this state. Anyone else who would like to share their thoughts concerning these events are more than welcome to forward them to this website.

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