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Defense vocal as Ramsey trial begins

Barto's badly burned body found in 2017

The defense attorney for a Lyndora man accused of a 2017 murder was full of outrage and objections on the first day of his client's Butler County trial Monday.

At one point, he even demanded the judge declare a mistrial, but the request was denied.

Prosecutors began mounting their case against Ishemer Ramsey, 23, in the nonjury trial before Common Pleas Judge William Shaffer. Ramsey is accused of killing Melissa Barto on June 8, 2017. Her body was discovered four days later on a Lawrence County farm.

He has been in the Butler County Prison since his arrest on June 22, 2017.

Before Assistant District Attorney Terri Schultz outlined her case, Ramsey's lawyer, Christopher Capozzi, conceded a few points while assuring the judge his client did not kill Barto.

“The district attorney will not prove that he killed or that he conspired to kill her,” Capozzi said in his opening statements, adding they admit that Ramsey tampered with evidence in the case, abused Barto's corpse and conspired with a man named James Howard George. “He admits that the bullet that killed her came from his gun in his presence.”

But, Capozzi argued, Ramsey didn't kill Barto and only helped hide the murder.

“He didn't think he could get a fair shake because he's a dark skinned African American and she's a Caucasian,” Capozzi said. “He knows what he faces.”

Schultz declined to make an opening statement.

Barto's badly burned remains were found in Neshannock Township in neighboring Lawrence County. She was reported missing after failing to show up for her daughter's kindergarten graduation.

Friends and family of the victim packed the courtroom Monday, along with Ramsey's family members. Many of Barto's family members, along with Schultz, wore purple. The color referenced the phrase taken up by Barto's family shortly after Ramsey's arrest — “Get Nebby: Justice for Missy” — meaning encouraging parents to know who their children are spending time with.

The courtroom was under increased security, with the sheriff's deputies searching everyone who came into the room and confiscating cellphones before they entered.

A mother's account

Ramsey is charged with homicide, felony conspiracy to commit homicide, hindering apprehension, misdemeanor abuse of a corpse, tampering with evidence and conspiracy charges.

Schultz called several witnesses throughout the day, most of whom knew Ramsey and described him in a range of ways from “respectful” to “arrogant.”

Schultz's first witness was Barto's mother, Lisa Barto.

Unlike most of Barto's family, Lisa calls her daughter Melissa, not Missy.

She recalled meeting Ramsey at Greenview Gardens Apartments, where Barto lived before moving to her final apartment above Miller's Meats. Lisa said Ramsey spent Thanksgiving and Christmas in 2016 with the Barto family.

“He was always polite. I didn't notice anything different,” Lisa said during direct questioning by Schultz.

She told the packed courtroom her daughter broke up with Ramsey in January 2017 but got back together with him in March. Soon after, Lisa said, things began to fall apart.

“The last time I saw her alive was on June 4, 2017, in my kitchen,” Lisa recounted.

On June 8, Melissa Barto's daughter, who is now 9, was graduating from kindergarten. Lisa planned to meet her daughter at Butler County Children's Center, where the ceremony was taking place.

At 4:20 p.m. — 10 minutes before the graduation was set to start — Lisa texted her daughter to ask where she was. When she didn't get a response, she texted Ramsey to ask if he knew where Barto was.

“Did she not text you?” Lisa recalled about Ramsey texting her back.

According to Lisa, her daughter texted her shortly after her exchange with Ramsey and told her that she had already seen her daughter and wouldn't be attending the graduation.

Lisa testified that her daughter then texted that she was packing her stuff and would be staying at a friend's place for several days.

“It said the message was from Melissa, but I don't believe that,” Lisa said. “I just thought it was very odd; she would've been there.”

When Barto didn't appear the next day, Lisa reported her daughter missing to Butler City Police.

During cross-examination, Capozzi questioned Lisa about her daughter's relationship with her ex-boyfriend and the father of her child, Scott Martin.

Lisa noted the two had a tumultuous relationship and that Barto even got a temporary protection from abuse order against Martin while they were dating. She further testified that she had never heard about Ramsey abusing Barto. Other witnesses called later in the day would tell a different story, testifying that Barto was abused by Ramsey.

Law enforcement testimony

Schultz called several law enforcement officials who testified about their search for Barto that resulted in Ramsey being charged.

Officer Mark Howard, with Butler City Police, testified Ramsey said he last saw Barto get into a silver Subaru with a white man and woman before she went missing.

Capozzi became outraged during testimony from Lieutenant Chad Rensel, also with Butler City Police. While being questioned by Schultz, Rensel testified James Howard George — Ramsey's co-defendant — told police Ramsey killed Barto.

George's case remains active. The 26-year-old faces felony conspiracy to criminal homicide, misdemeanor abuse of a corpse and tampering with evidence, after allegedly helping Ramsey dispose of Barto's remains.

“Lt. Rensel knows better than to throw out wildly harmful accusations,” Capozzi argued.

“At this point, I have no control over my witnesses,” Schultz countered.

“Judge, I'm dumbfounded,” Capozzi said. “The DA said they have no control over their witnesses. How can Ramsey get a fair trial? In all the years of my practice across seven states this has never happened.”

“Let's just move on,” Shaffer said.

Ex-boyfriend speaks

After a break, Schultz called Martin to the stand.

Martin testified he and Barto were high school sweethearts who met during their junior year. The two dated on and off for six or seven years, Martin said.

“It was a tornado meets a volcano,” Martin said about their relationship. “A great relationship 90 percent of the time. She was my best friend.”

“A typical relationship,” Schultz concluded.

After they broke up for good, Martin testified he and Barto maintained a friendly relationship and shared custody of their daughter. Martin said he requested a meeting with Ramsey when he and Barto started dating because Ramsey would be around his daughter.

“The first thing I noticed is he had a good posture,” Martin said. “He had a gun on his hip. He always carried it with him.”

When Barto went missing, Martin made a statement to the police.

“I felt there was foul play involved,” Martin said.

Martin testified a distraught Barto came to his house in Cabot just a few weeks before she went missing.

“She ran to me and she was crying,” Martin said.

Martin testified that Barto told him Ramsey went through her phone and found she had taken selfies but hadn't sent them to Ramsey.

“She had bruises on her legs, the back of her arms and neck,” Martin said. “She told me Ramsey was a psycho.”

Heated cross-examination

During cross-examination, Capozzi questioned Martin about why he didn't mention any of the alleged abuse in his police statement.

Martin also testified he paid for two abortions Barto had during her relationship with Ramsey.

Martin became uncooperative when Capozzi asked about the temporary PFA that Barto got against him.

“You got scary and she got a PFA,” Capozzi said.

“No,” Martin responded.

“She didn't get a PFA against you?,” Capozzi asked.

“If you'd let me explain,” Martin said.

“I ask the questions. If you want to explain, I'm sure Schultz will do that on re-cross,” Capozzi said.

“Don't get unnecessarily argumentative,” Shaffer interjected.

Capozzi then presented Martin with the PFA.

“It says here you put your hand over her mouth,” Capozzi said. “So she knew what to do when someone was getting scary?”

“Yes,” Martin agreed.

Capozzi also noted Martin didn't call police or tell anyone about his encounter with Barto at his home, nor did he take photos of the bruises he claimed Barto had.

Other witnesses

Schultz called several other witnesses, including Barto's best friend, Caitlin Romelli.

Like Martin, she testified Ramsey was abusive to Barto.

Romelli testified that she once saw Ramsey grabbing Barto by the wrists and had pinned her against a wall.

Asked by Capozzi why she didn't report this incident to the cops, Romelli said, “She was my best friend and those were her secrets.”

With each witness, Capozzi noted they didn't call police or tell anyone about the alleged abuse.

Laura Agostinelli, Barto's roommate in the apartment above Miller's Meats, testified about one night after Barto broke up with Ramsey.

Ramsey came back to their apartment around midnight, and Agostinelli let Ramsey in even though she knew Barto was afraid, adding that Barto slept with a baseball bat that night.

Capozzi requested a mistrial toward the end of Monday's testimony.

While questioning State Police Trooper Brian Kershaw, Schultz asked him if he spoke with Ramsey as part of his investigation into Barto's disappearance.

Kershaw said Ramsey invoked his right to an attorney. Capozzi interrupted, asking Shaffer to declare the proceeding a mistrial.

“She shouldn't have asked that,” Capozzi said. “It's not what we do. We have a fifth amendment.”

Shaffer declined to declare a mistrial.

Ramsey's trial will continue on Tuesday and is expected to take at least the week to conclude.

Ishemer Ramsey of Lyndora, charged with homicide in death of Butler woman.

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