Published: Monday, October 16, 2006
Moonda attorney asks for help
Prosecutors intend to call fewer than 25 witnesses at trial.
By LAURE CIOFFI
AKRON A third attorney is essential to Donna Moonda's defense because she could face the death penalty if convicted, argued her lawyer Roger Synenberg.
Moonda, 47, of Hermitage, Pa., appeared Monday afternoon dressed in her blue Medina County Jail clothing in front of U.S. District Court Judge David Dowd to determine the size of her defense team. She is being held without bond in the shooting death of her husband, Dr. Gulam Moonda, 69.
Synenberg contends he needs two additional defense attorneys because prosecutors are seeking the death penalty in the case.
"One of our principle reasons for the third person is because of the mitigation aspect," he said. If convicted, there will be a penalty phase, where attorneys will be able to present aspects of Moonda's life which jurors may use to lessen her sentence.
"We have a client who is 47 years old. She is unlike people who you normally see in this situation who are much younger," Synenberg said. He noted her entire life must be investigated and that evidence could be presented to the jurors if she is convicted.
Assistant U.S. Attorney Linda Barr argued against the appointment of a third attorney calling the Moonda matter "a typical murder case."
Barr said prosecutors have 25 or fewer witnesses. Without the death penalty, the case would take less than a week to try.
"The defense has indicated that their defense will be that Damian Bradford is a liar. I don't see that as a legally complex case," she said. Bradford, 25, of Beaver County, Pa. is expected to testify against Mrs. Moonda.
Synenberg said after the hearing that any death-penalty case is complex because each person is different.
He also urged the judge to not think of cost when determining if a third attorney should be appointed.
"Expense really has to take a back seat," he added.
Judge Dowd did not give an indication as to when he would rule on the defense motion.
Dr. Moonda, 69, was shot May 13, 2005, on the side of the Ohio Turnpike. Bradford has pleaded guilty in the shooting and told prosecutors he was promised half of the doctor's millions by his widow for the slaying.
Police say Bradford met Mrs. Moonda in a drug rehabilitation clinic and started an affair.
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