Judge to rule if new witness who says she heard gunshots may testify in murder trial
A woman who claims she heard Robert Pinyerd shoot Cynthia Jo Heath may not be allowed to testify in the man's murder trial.
That ruling will be made Monday morning after an evidentiary hearing, Judge Sean Leuthold of Crawford County Common Pleas Court told attorneys Tuesday afternoon.
Pinyerd, 41, has been charged with aggravated murder and murder, both unclassified felonies, in connection with the Feb. 24, 2022, death of Cynthia Jo Heath, 47, of Crestline.
The man's trial is slated to begin Monday with jury selection. Opening statements are scheduled for Tuesday.
The hearing to determine whether the new witness will be included in the trial is set for 8:30 a.m. Monday.
The judge said he would prefer to issue a continuance and postpone the trial until May, but said he cannot because the defendant has requested a speedy trial. Pinyerd affirmed that on Tuesday.
'She heard gunshots'
The woman's perspective was not known until recently, Dan Stanley, assistant prosecutor for Crawford County, told Leuthold on Tuesday.
She contacted the Crestline Police Department last week and a police officer interviewed her Saturday morning.
She has alleged that last year she spoke briefly with Jason Kitzmiller, who was a detective at the time and is now the village's interim police chief, but was never asked to give a formal statement.
She says she lived down the street and knew both the defendant and the victim.
Stanley told the judge that the woman can place Pinyerd at the crime scene during the time of the woman's death, eliminating all time ambiguity. The attorney said he thinks her testimony should be allowed despite its late discovery.
"I would like to know exactly what she's going to testify," Leuthold said.
The assistant prosecutor said the woman remembers the day well because her pet dog had passed away that morning.
"As she's sitting there with her dead dog, she heard gunshots," Stanley said.
The woman claimed to have walked outside to see Pinyerd driving down the road in Heath's vehicle.
Woman's claims are 'incredulous,' defense says
Tom Nicholson, Pinyerd's court-appointed defense attorney, said he has a hard time believing the woman's story.
He told the judge that the true killer's identity has been such a mystery because nobody has been able to figure out who was in the house at the time of Heath's murder.
"Until now," Nicholson said. "A week before the trial. Perfectly timed so that we don't have time to investigate."
The attorney said he was shocked that the woman claimed to have spoken with Kitzmiller, but that he took no report and now seems to have no recollection of the encounter.
Nicholson said that her statements surprised him so much that he contacted her over the weekend as soon as he learned about her interview with Crestline police. He said her story doesn't add up. He called it "incredulous."
"Maybe she could pass a polygraph or something," Nicholson said. "I don't know."
Aside from her reliability, the attorney said it's too close to the trial to allow a new witness.
Policeman to take the stand in evidentiary hearing
The judge said he wants to see a copy of the woman's interview with Crestline police.
He also wants Kitzmiller on the stand 8:30 a.m. Monday to find out if the woman truly did speak to him last year, and, if she did, why he did not record her claims with an official statement.
Leuthold said the evidentiary hearing should only take about an hour. Jury selection will begin immediately after he decides if the new witness can testify.
He added that Pinyerd's attorney was doing an excellent job representing him.
"I'm going to applaud Mr. Nicholson," Leuthold said. "I'm impressed he got so much information in a short period. He definitely did his homework."
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This article originally appeared on Mansfield News Journal: New witness who claims to have heard gunshots may not speak in trial
