Dashnaw trial may be winding down

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THE CHARGES

The 11-count indictment against Edward A. Dashnaw includes two counts of first-degree murder, two counts of second-degree murder, two counts of fourth-degree grand larceny, three counts of fifth-degree criminal possession of stolen property and two counts of criminal possession of a forged instrument.

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October 20, 2011

REBECCA WEBSTER Press-Republican The Press Republican Thu Oct 20, 2011, 02:47 PM EDT

PLATTSBURGH —

By REBECCA WEBSTER

Staff Writer

PLATTSBURGH — Heritage Automotive employee Melinda S. Labrie answered a call on Dec. 27, 2005, from the phone number of the House of Pine and Oak in Schuyler Falls.

She was taking calls for appointments for the South Burlington business that day, she testified on Thursday, during the retrial of Edward A. Dashnaw.

He is accused of murdering David and Lorraine Donivan of Schuyler Falls in December 2005; they owned of the House of Pine and Oak.

Labrie said the person who called Heritage identified himself as “Joe” and said he was trying to get a vehicle towed to the garage from the Grand Isle, Vt., ferry parking lot.

It wouldn’t start, she said he told her.

“He said he was just a messenger,” she said, and then gave her the name “Donivan.”

Labrie said she asked for a callback number.

Shown a photo of a House of Pine and Oak truck outside a wooden building, she verified that the phone number on the truck was the one she was given that day.

MORE QUESTIONS

Earlier on Thursday, Dashnaw — who is handling his own defense — continued cross-examination begun Wednesday of forensic document examiner Dennis Ryan.

Dashnaw began with questions about a document he had tried to utilize Wednesday in the courtroom, entitled “Strengthening Forensic Science in the United States: A Path Forward.” The defendant said the article, written in 2009, states that some forensic document examiners make erroneous matches when evaluating writing.

Ryan was familiar with the author but unfamiliar with the article.

“I’m unsure if what I saw yesterday ... is the same article you are referencing,” he told Dashnaw.

Dashnaw told the court he had only a portion of the article and proceeded to move on to question Ryan about receipts from the stores FYE and Aeropostale that had been presented Wednesday.

“Can you specifically point to an item you used to draw the conclusion that (Mrs. Donivan) did not sign the Aeropostale receipt?” Dashnaw asked.

Ryan reiterated that he could rule her out because of her skill level and the pictorial differences between her writing and that of whomever signed the receipt.

SEEMED FRUSTRATED

Dashnaw asked, “Which (known writings) did you use to draw the conclusion?”

“(I) use the entire set (of known writing) that’s given to me, and that’s compared to the questioned writing,” Ryan explained.

Dashnaw began to question Ryan on how much money he receives from the state for testifying in trials.

Ryan said he’s paid $1,800 a day.

After a handful of objections from District Attorney Andrew Wylie, Dashnaw seemed frustrated.

“I’m not very good at this questioning thing,” he said.

Clinton County Judge Patrick McGill told Dashnaw that he had told him when he decided to continue pro se that he would have to question witnesses.

WINDING DOWN

After Wylie told McGill that he had no more witnesses for that session, Dashnaw objected to the fact that he had been “forced” to continue on Wednesday when he had asked for some time to prepare his questions. Dashnaw said testimony could easily continue.

Wylie placed on the record the three witnesses they would see on Monday in order for the defense to have additional information.

McGill explained that it is difficult to schedule witnesses.

“This is not an exact science, and these things take the time they take,” he said. “We are dealing with human beings.”

Dashnaw asked McGill if he could stay for an hour in the courtroom after all were excused to look over the exhibits. McGill granted his request.

But before he dismissed the jury, McGill said, “I anticipate that we will conclude (the prosecution side) sometime next week.”

PAST CONVICTION

In March 2006, Dashnaw was indicted on 11 charges in connection with the murders and was convicted in April 2007 of each charge except second-degree murder. The latter charge had been included for the jury’s consideration as a lesser inclusive charge of first-degree murder, which means he could not have been convicted of both.

After his 2007 conviction, Dashnaw was sentenced to concurrent terms of life without parole for the first-degree murders.

But this June, the Appellate Division of State Supreme Court granted Dashnaw a new trial after finding that certain statements he made to police should not have been used in his original trial because a lawyer was not present at the time.

Dashnaw, now, 42, had been serving time at a downstate prison. He is now held without bail at Clinton County Jail.

The trial will resume at 9:30 a.m. Monday in Clinton County Court.

Email Rebecca Webster at:

rwebster@pressrepublican.com