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Prosecution Rests its Case in Exford Arson and Murder
Trial
Published: March 16, 2022 at
01:30 p.m.
By: Nick Altmire
PHOTO: Shawn L. Exford (R) and his attorney John
Hallett(L) in Lewis County Court
Lowville, NY- The Shawn L.
Exford arson and murder trial in Lewis County Court entered its eighth day
today, with jurors hearing testimony from the medical examiner that
conducted the autopsies on the two fire victims, Catherine Crego and Saratina Kilbourne,
in addition to a phone call Mr. Exford made from the Lewis County Jail to
his mother on Mother's Day 2021.
Mr. Exford is
accused of intentionally starting the fatal fire at 7525 South State Street
in Lowville on the night of November 30, 2019, facing a 13-count indictment handed up by a Lewis County grand jury
in March of 2020.
The trial resumed
shortly after 10 o’clock this morning, with defense attorney John Hallett
completing the cross-examination of New York State Police investigator
Timothy Dougherty. The majority of Mr. Dougherty’s
testimony was provided yesterday, focusing on the two police interviews he
and his partner conducted with Mr. Exford in the days following the fire.
After a few brief questions by Mr. Hallett, Mr. Dougherty’s testimony
concluded at 10:20 a.m.
The next witness
to take the stand was Timothy Thayer, a lieutenant with the Lewis County
Sheriff’s office in charge of the day-to-day operations at the Lewis County
jail. Mr. Thayer explained to jurors how inmates are able to make phone
calls at the facility by using a inmate specific
pin code to access the phone system. Both the inmate and those receiving
the phone call are reminded through a recording at the beginning of each
call that the calls are recorded and monitored.
Lead prosecutor
Caleb Petzoldt then entered a phone call Mr.
Exford made from the jail on May 9, 2021 to his
mother into evidence, with the entire 4 ½ minute call then played for the
jury to hear.
The
expletive-filled call between Mr. Exford and his mother opens with Mr.
Exford sounding very irritated that he can’t reach his girlfriend by phone
after trying three times. He immediately asks his mother if she has
“ordered commissary.” She explains that she’s been having an issue with the
jail’s website and kept getting an error message when trying to pay for the
commissary order.
Mr. Exford asks
his mother if she can text his girlfriend for him, as he’s tried calling
three times. He then goes into an expletive-filled tirade expressing his
anger with his girlfriend and her activities and spending habits since he
has been in jail.
“I’m so mad I’m
shaking,” Mr. Exford tells his mother in between short heavy breaths.
“Did you call
just to bitch at me on Mother’s Day?” his mother asks.
Mr. Exford tells
her he didn’t realize it was Mother’s Day and wishes her a happy Mother’s
Day. His mother then tells him to just relax.
“I’m gonna do 15 years and then I’m going to kill someone
else,” Mr. Exford then tells his mother. At this point his mother becomes
very upset, telling him that she can’t believe he would call her on
Mother’s Day with “this shit”, on a recorded line.
“I’m hanging up
now,” she tells him.
“I’m just worried
about my kids,” Mr. Exford replies. “I’m about to do time for something I
didn’t even do.”
Mr. Exford’s
mother then tells him that he’s only concerned about himself anytime he
calls and tells him “good f—king bye” as the call
ends.
Mr. Thayer’s
testimony concluded at 10:35 a.m.
The final witness
to take the stand was Dr. Michael Sikirica, the
private practice forensic pathologist that conducted the autopsies on fire
victims Catherine Crego and Saratina
Kilbourne. Dr. Sikirica testified that both
autopsies were conducted on December 3, 2019 at
the Albany Medical Center. The cause of death was ruled as “asphyxia from
inhalation of smoke and other heated products of combustion” for both
victims. He stated both victims had lethal amounts of carbon monoxide if
their systems, 46 percent for Ms. Kilbourne and 59 percent for Ms. Crego. He told jurors the level would normally be zero
in a non-smoker.
Dr. Sikiricia told jurors that toxicology reports showed
that Ms. Kilbourne had a low level of alcohol in her system, with Ms. Crego’s “significantly higher”, noting that he
determined alcohol did not cause or contribute to either victim’s death. He
ruled the manner of death for both victims as homicide. He explained that
this ruling was based on his review of police reports, fire reports,
photos, videos, and other evidence in addition to the autopsy and
toxicology results.
After a brief
cross-examination by Mr. Hallett, Dr. Sikirica’s
testimony concluded at 10:55 a.m.
With no further
witnesses to call, Mr. Petzoldt then informed
presiding Judge Daniel R. King that the prosecution was finished and rests
their case. Mr. Hallett then requested to make motions outside the presence
of the jury, with the jury sent out just before 11 a.m. In a procedural
move, Mr. Hallett then moved to have all charges against his client
dismissed, arguing the prosecution had failed to produce any evidence related
to the charges. Mr. Petzoldt argued that
extensive evidence was shown, depicting Mr. Exford leaving the building
just as the fire can be seen starting, and that all counts in the
indictment should be sent to the jury to deliberate. Judge King then held a
brief backroom conference with both sides before the jury was brought back
in at 11:20. No ruling has been made on Mr. Hallett’s motions at this
point.
The defense then
rested their case.
For continuity of
the trial, Mr. Hallett requested court adjourn until tomorrow in order for the jury to hear closing arguments, jury
instructions and begin deliberation all on the same day. Judge King granted
the request, with no objection from prosecutors, and the trial is set to
resume at 9 a.m. on Thursday with closing statements from both sides.
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