Thursday, August 07, 2008

Melosky Trial, Day 2

Both the Morning Call (read it here and here) and Express-Times (read it here) have coverage of the second day of the trial of Rob Melosky who is charged with simple assault, disorderly conduct and harassment.

The first MC article mostly features a discussion that took place prior to the jury entering the courtroom to determine if a certain prosecution witness could be called to the stand. The hearing helps explain the prior court order for Melosky to have no contact with the family (referenced in this post).

According to the article, Melosky called Stephen Gabryluk, a lifelong friend, on April 26, to contact the Newhart family and request that they settle out of court. Gabryluk is quoted as saying, '"He did say it could get ugly," Gabryluk said, and that "this could be an ugly situation for both sides."'

During the conversation, Gabryluk also notes the following, "He said Melosky explained his version of what happened at the football game, telling him he thought his father was in harm's way. "He went over and got involved," Gabryluk said.

Gabryluk is first cousin to Newhart's father and the family didn't want to settle out of court. Upon informing Melosky of this, Melosky requested he speak with them again.

It was determined that Gabryluk could testify for the prosecution on Thursday.

On Wednesday it was witnesses for the prosecution, mostly students who were with Newhart the night of the incident, who testified.

The notable exception was Jenifer Stilgenbauer, a psychiatric nurse, and her husband who were at the game and pulled Newhart out of harm's way according to their testimony from the article.

In her testimony she, '"said Melosky ''was out of sorts, sweating profusely'' and took a second swing at the boy as he ''was on his way down ... His whole body slumped.'''

Her husband also testified the article reported:
Jenifer Stilgenbauer's husband, George, testified that he dragged Newhart away from the melee as Melosky repeatedly yelled, ''Do you know who the [expletive] I am.''

Stilgenbauer said he responded, ''I don't care who you are. You don't hit a kid, not like that. My goodness.''
The Express-Times summarized the student testimony, '"Witnesses testified today Nazareth Area High School's new football coach hit into a pile of people "with full force" and kept saying "Don't you know who I am?"'

Newhart was also on the stand and denied claiming he'd kill Sweeney. Others noted Newhart did step in to stop the fight between Sweeney and Weiner after Sweeney approached Weiner for yelling "Whitehall Sucks".

The Morning Call summarized the testimony in this way, '"Several of Christopher Newhart's friends testified in Northampton County Court this morning that a foul-mouthed Rob Melosky punched the then-17-year-old in the head several times after a football game last September.'

Newhart indicated he did not know who hit him because he lost consciousness and others who testified confirmed he was spitting blood following the incident.

The second MC article reported:
Sweeney, Newhart testified, hit him in the face twice. Moments later, Newhart said, someone he didn't see hit him on top the head.

''I just felt my legs collapse,'' Newhart said. ''I went down.''

On the way to the ground, Newhart said, he felt two more punches. Several of Newhart's friends gave similar accounts and identified Melosky as the second person to hit Newhart.

3 comments:

lineflat said...

Unless there is some pretty spectacular testimony from the defense, I don't see this ending well for the coach. The testimony of impartial witnesses (the nurse and husband) against him today hurts. Having his buddy try to settle the matter makes him look guilty, too. The opening statement by his lawyer that he was nowhere near the kid is not going to fly now. Too many witnesses have said different.

Maybe he'll get a little sympathy for his father, but I don't think the fact that he responded by taking out an innocent bystander is going to sit well with a jury. So far, everyone has said that this kid was trying to stop the violence, not taking part in it.

He rushed to judgment and acted violently towards a minor. These are not characteristics we should want in our school. As a teacher or a coach.

Sandi said...

he was found not guilty so the express-time web site says. His defence was I wasn't there they are all mistaken. What is with that.

lineflat said...

Wow. I guess Nazareth keeps its new coach after all.

Looks like Sweeneys testimony helped him out.