Panel must decide on murder in first or third degree
By Wayne Laepple
The Daily Item
Curran, Rosini said, wasn't prepared to flee -- he was prepared for battle, noting that 785 rounds of ammunition were found in Curran's car, along with a second gun, by U.S. Border Patrol officers in Niagara Falls.
Throughout Rosini's closing argument, Curran watched him intently, a slight smile on his lips.
"Curran's attitude goes toward his motive," Rosini said. "He drove with the gun, he got out of the car with the gun, he walked down the ramp toward Tina and he shot her 12 times.
"Judge him on the facts and use your common sense. When somebody shoots somebody 12 times, that's first-degree murder."
Earlier in the day, Dean Benedict, a state police forensic crime scene specialist, testified about what he found when he arrived at the hospital about two hours after the shooting.
He described finding shell casings, bullet fragments and bloodstains in the area, showed photos of the scene to the jurors and used a drawing of the area to indicate where he found each item.
Todd M. Neumyer, a ballistics expert from the state police crime laboratory in Harrisburg, matched the shell casings retrieved at the scene by Benedict to the Glock .40-caliber handgun owned by Curran.
Neumyer said he was unable to say conclusively that bullet fragments collected at the scene were from the Glock, although there were some similar characteristics.
Neumyer also performed tests on various items of Tina Curran's clothing, looking for indications of how close the gun may have been to the victim.
Wearing latex gloves, he opened several brown paper bags containing various items of clothing, pointing out bullet holes in each.
In a somewhat bizarre turn, Neumyer showed one bullet hole in the right leg of her pants with no bloodstains. He explained that he was unaware the victim had a prosthetic leg, which explained the lack of bloodstains. He received the leg at a later date and was able to find lead fragments and the copper jacket of the bullet inside it.
Two of the bullets that struck Tina Curran on Aug. 24 would have killed her, according to Dr. Samuel Land, the forensic pathologist who performed the autopsy the day after she was killed. He used photographs taken during the autopsy to illustrate where each shot struck her.
Land said he found seven bullet wounds, which he documented in writing, by photography, and by sketching their locations.
A "through and through" wound on her neck -- where a bullet fired at closer range than the others, severed both the carotid artery and jugular vein -- would almost certainly have killed her, he said. He also observed "stippling" or damage to the skin, caused by lead and gunpowder particles. He said this indicated that shot was fired from a distance of fewer than 4 feet. None of the other wounds showed similar damage.
Another shot entered her back and struck several vital organs before it exited from her chest, which would probably have caused her death, Land said.