Published: Saturday, December 9, 2006
Jury selection to begin in June for Moonda trial
Prospective jurors will be questioned about the death penalty.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
AKRON — Trial for the widow charged with arranging the murder of her millionaire doctor husband will begin June 18 at the earliest after two weeks set aside for jury selection.
Donna J. Smouse Moonda of Hermitage, Pa., appeared Friday in federal court for a status hearing. Shackled and dressed in blue Medina County jail scrubs, her blond hair pulled back in a ponytail, she appeared upbeat as she conferred with her trio of court-appointed lawyers.
U.S. District Judge David D. Dowd Jr. said the jury selection process will be complicated, because the government has asked for the death penalty.
He said 240 potential jurors will be summoned to fill out questionnaires, half to appear June 4 and half June 5. The questionnaire, in addition to routine inquiries, is expected to elicit jurors' opinions about capital punishment.
The judge will then meet with the defense and prosecution teams June 8 and 11 to review the questionnaires. Potential jurors who make the cut will be summoned back to court June 12, 13 and 14.
Both sides will then exercise their right to challenge the seating of select jurors June 15. The judge said he will allow 20 peremptory challenges, more than normal. The term means lawyers can dismiss a juror without citing a reason.
Judge Dowd said the trial will start the following Monday at the earliest. He said if Moonda is found guilty, a brief recess will be called to allow the defense time to prepare for the sentencing phase.
He called the sentencing phase an enormous responsibility for the defense.
Indictment
In August, a federal grand jury indicted the 47-year-old former nurse, charging her with murder-for-hire, interstate stalking and use of a firearm during a crime of violence that resulted in death. She has been held in custody since surrendering in late July.
Moonda is accused of persuading her then-lover, 25-year-old Damian Bradford of Aliquippa, Pa., to kill her wealthy husband along the Ohio Turnpike on May 13, 2005, and use robbery as a coverup. Bradford shot Dr. Gulam Moonda, 69, in the head after the urologist handed over his wallet in the presence of his wife and her mother.
Bradford admitted his guilt and struck a plea agreement with the government July 24, guaranteeing his position as the prosecution's star witness at Moonda's trial. His sentencing for the crimes of interstate stalking and being a felon in possession of ammunition is pending.
The government, represented by Linda H. Barr and Nancy L. Kelley, filed a motion a week ago asking the judge to require Moonda to give notice if she intends to introduce mental health evidence at trial or, if found guilty, at sentencing. Should she raise a mental health defense, prosecutors want her to submit to examination by experts of the government's choosing.
Defense
Moonda's court-appointed defense team consists of Cleveland attorneys Roger M. Synenberg and David L. Grant and Akron attorney Lawrence J. Whitney. The court also approved the hiring of a private detective and mitigation specialist.
The defense also asked for a court-appointed psychiatrist, but the judge said Moonda did not plead innocent by reason of insanity. The judge delayed his decision and told both sides to submit briefs on the matter.
The deadline for motions is Feb. 23.
After court, Synenberg, commenting on his client's upbeat demeanor, said she's anxious to get started on the case and is relieved that a date has been set.
The lawyer referred to Bradford as a drug dealer and murderer "who never worked a day in his life."
meade@vindy.com
Saturday, December 9, 2006
Prospective jurors will be questioned about the death penalty.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
AKRON — Trial for the widow charged with arranging the murder of her millionaire doctor husband will begin June 18 at the earliest after two weeks set aside for jury selection.
Donna J. Smouse Moonda of Hermitage, Pa., appeared Friday in federal court for a status hearing. Shackled and dressed in blue Medina County jail scrubs, her blond hair pulled back in a ponytail, she appeared upbeat as she conferred with her trio of court-appointed lawyers.
U.S. District Judge David D. Dowd Jr. said the jury selection process will be complicated, because the government has asked for the death penalty.
He said 240 potential jurors will be summoned to fill out questionnaires, half to appear June 4 and half June 5. The questionnaire, in addition to routine inquiries, is expected to elicit jurors' opinions about capital punishment.
The judge will then meet with the defense and prosecution teams June 8 and 11 to review the questionnaires. Potential jurors who make the cut will be summoned back to court June 12, 13 and 14.
Both sides will then exercise their right to challenge the seating of select jurors June 15. The judge said he will allow 20 peremptory challenges, more than normal. The term means lawyers can dismiss a juror without citing a reason.
Judge Dowd said the trial will start the following Monday at the earliest. He said if Moonda is found guilty, a brief recess will be called to allow the defense time to prepare for the sentencing phase.
He called the sentencing phase an enormous responsibility for the defense.
Indictment
In August, a federal grand jury indicted the 47-year-old former nurse, charging her with murder-for-hire, interstate stalking and use of a firearm during a crime of violence that resulted in death. She has been held in custody since surrendering in late July.
Moonda is accused of persuading her then-lover, 25-year-old Damian Bradford of Aliquippa, Pa., to kill her wealthy husband along the Ohio Turnpike on May 13, 2005, and use robbery as a coverup. Bradford shot Dr. Gulam Moonda, 69, in the head after the urologist handed over his wallet in the presence of his wife and her mother.
Bradford admitted his guilt and struck a plea agreement with the government July 24, guaranteeing his position as the prosecution's star witness at Moonda's trial. His sentencing for the crimes of interstate stalking and being a felon in possession of ammunition is pending.
The government, represented by Linda H. Barr and Nancy L. Kelley, filed a motion a week ago asking the judge to require Moonda to give notice if she intends to introduce mental health evidence at trial or, if found guilty, at sentencing. Should she raise a mental health defense, prosecutors want her to submit to examination by experts of the government's choosing.
Defense
Moonda's court-appointed defense team consists of Cleveland attorneys Roger M. Synenberg and David L. Grant and Akron attorney Lawrence J. Whitney. The court also approved the hiring of a private detective and mitigation specialist.
The defense also asked for a court-appointed psychiatrist, but the judge said Moonda did not plead innocent by reason of insanity. The judge delayed his decision and told both sides to submit briefs on the matter.
The deadline for motions is Feb. 23.
After court, Synenberg, commenting on his client's upbeat demeanor, said she's anxious to get started on the case and is relieved that a date has been set.
The lawyer referred to Bradford as a drug dealer and murderer "who never worked a day in his life."
meade@vindy.com
Saturday, December 9, 2006
Trial for the widow charged with arranging the murder of her millionaire doctor husband will begin June 18 at the...
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