Man convicted of killing officer
PITTSBURGH — A man was convicted of murder for shooting a state trooper with his own weapon when the two fought after a traffic stop. The jury now must determine whether to sentence him to death.
An Allegheny County jury deliberated about 10 hours Tuesday and Wednesday before convicting Leslie Mollett, 32, of Pittsburgh, of first-degree murder for killing Cpl. Joseph Pokorny on a snowy night in December 2005.
Defense attorney John Elash said Mollett fought with the trooper, but argued that prosecutors did not prove the defendant had shot Pokorny. Others were in the car with Mollett but ran away before the shooting and did not see it.
Elash, who called just one witness, said he felt there was often a presumption of guilt rather than innocence.
"But I was hoping the jury would understand that we do not have to prove him not guilty," Elash said. "That's why I didn't call any other witnesses and I surely wasn't going to call the type of witnesses the prosecution called because I think they are disreputable and unbelievable."
Prosecutors relied on the testimony of a medical examiner and other physical evidence to reconstruct the shooting.
Dr. Vincent J.M. DiMaio, a former chief medical examiner in Bexar County, Texas, testified that Mollett fired the first shot while Pokorny was standing. The bullet missed the trooper's bulletproof vest, went through Pokorny's shoulder and then hit his carotid artery, windpipe and lungs.
The second shot, DiMaio said, was fired while Pokorny was on his knees with his hands up — as if he were surrendering to Mollett.
The only defense witness was a forensic expert who said the first shot would have prevented Pokorny from raising his hands and that the evidence did not prove the shooting happened the way prosecutors claimed.
Deputy District Attorney Mark Tranquilli said scientists found blood matching Pokorny's DNA in a car Mollett was driving and on a cell phone found later at Mollett's home. There was just a one-in-15 quintillion chance the blood came from anyone other than Pokorny, the prosecutor said.
The jury must now hear more evidence about Mollett and the shooting before determining whether Mollett should be sentenced to death.
