SMETHPORT — The fourth day of the homicide trial for Stephen Stidd saw the defense start presenting its case, with 10 witnesses and some heated exchanges — one of which earned an admonishment from the judge for the prosecutor.
Stidd, 65, is charged in the shooting death of his son-in-law, Melvin Bizzarro, on Jan. 16, 2015, behind Togi’s Restaurant in Bradford.
Among those testifying were renowned pathologist Dr. Cyril Wecht; Dr. Joseph Thomas, who has been treating Stidd for back problems since 2003; Gregg Boser, the officer who responded to an incident in 2005 when Bizzarro assaulted Stidd; Rennie Gobin, who said Bizzarro assaulted him earlier in the morning on Jan. 16, 2015; two bartenders who said Bizzarro had been drinking that morning; and two men who had coffee with Stidd that morning.
Prosecutor Todd Goodwin of the state attorney general’s office had some words with Thomas, but it was Gobin’s turn on the stand which saw Senior Judge John Cleland intervene.
Under questioning from defense attorney Greg Henry, Gobin recounted an alleged incident in the very early morning hours of Jan. 16, 2015. He was at a party, and made an off-hand remark to a man he later learned was Bizzarro. He claimed Bizzarro was doing cocaine at the party.
Gobin said he went in the bathroom, and Bizzarro followed him in and attacked him.
Speaking very fast, Gobin said Bizzarro shoved him into the bathtub, punched him in the face, turned the water on in the tub and tried to drown him.
“I knew my life was pretty much over,” Gobin said. “I did not believe I was making it out of that tub.”
He said Bizzarro stood up and reached for something on his waistband; Gobin believed him to be reaching for a gun, he testified. Gobin, 36, 5 feet, 6 inches tall and weighing 170 pounds at the time, said he was no match for the 6-3, 330-pound Bizzarro. Another man rushed into the room and grabbed Bizzarro, he said.
Henry asked him if the other man had not intervened, “did you have any reasonable chance of defending yourself?”
“No, he was too strong, there was nothing I could have possibly done,” Gobin said. “I thought I was a dying man.”
As soon as Cleland said the prosecution could cross-examine Gobin, Goodwin was out of his seat, seemingly charging toward the witness box, shouting, “In April 2013, were you not charged with making false reports to law enforcement?”
Gobin heatedly replied, “Yes, but there’s more to it…”
“Whoa,” Cleland said, “easy.”
Goodwin began again, approaching the witness box, appearing angry and agitated. Nearly shouting, he said, “You pleaded guilty, did you not, to incriminating another person?”
Cleland again broke in. “Whoa, whoa, whoa.”
“There’s a right way to do this and a wrong way to do this,” Henry said, standing from his chair. “And I think Mr. Goodwin is crossing the line.”
Cleland said to Goodwin, “Keep your voice down and stay where you are.”
Goodwin continued with questioning, and Gobin continued to speak rapidly, adding more information than he’d been asked for. He, too, was admonished by Cleland.
Goodwin asked Gobin if he’d reported the alleged fight to law enforcement. Gobin said no. The prosecutor asked why. “I was afraid my door was going to get kicked in and my family threatened,” Gobin said.
Bizzarro was killed later that morning; did Gobin report the incident to law enforcement after that, Goodwin asked.
“I didn’t see any need to,” Gobin said.
Earlier in the day, Goodwin had clashed with the physician treating Stidd for back problems. Defense attorney James P. Miller had questioned Thomas as he went through a series of images depicting Stidd’s cervical lumbar disease. Goodwin went through notes from Stidd’s visits to the doctor’s office, several of which made comments about Stidd’s general good health or strides he had made in physical therapy.
“I don’t agree with your whole questioning my notes,” Thomas said. “All you’re commenting on is days he’s feeling well.”
He said there are good days and bad days for people with chronic conditions. Overall, Thomas said, Stidd has difficulty walking, standing or doing a lot of things in daily life.
Goodwin continued, asking him about reports dated within weeks of the shooting, saying Stidd was doing well.
“I understand your point,” Thomas said, visibly agitated. “He has severe cervical lumbar disease and it won’t change my opinion.”
“You have no idea if January 16th, 2015, was a good day or bad day for Mr. Stidd?” Goodwin asked.
Thomas immediately snapped, “I think he had a bad day.” The 40-or-so people there supporting Stidd laughed out loud at the comment. The doctor added that he couldn’t say how Stidd felt physically that day.
Miller briefly questioned Thomas again. “Whether he had a good day or a bad day, does that change any part of your opinion on whether he could walk or run fast?”
“Absolutely not,” the doctor replied.
The day began with Henry waiving the right to make an opening statement in the case before starting Stidd’s defense.
Wecht was the first to testify, explaining Michelle Bizzarro — Stidd’s daughter and Mel Bizzarro’s wife — hired him to do a second autopsy. How much did it cost, asked prosecutor Bobbi Jo Wagner with the attorney general’s office. Wecht said he charges $3,850 for private autopsies, plus more for travel and testifying, for a total of $12,850.
He testified to much of the same things that forensic pathologist Dr. Edward Barbieri had on Wednesday.
When his testimony was completed, Cleland asked him for a clarification. In the toxicology report with the autopsy, it said 32 nanograms per milliliter of cocaine had been found in Mel Bizzarro’s body. “Is that a lot?” the judge asked.
“This level would be a little more than a third of the range that is given for fatalities of cocaine,” Wecht said. “It’s there. It’s present. It’s in the mild-to-moderate range as far as the blood level is concerned.”
Dr. Robert Levine testified to much the same information as Cpl. David Burlingame had the prior day. In fact, when his testimony was complete, Cleland asked if there were any points of disagreement with Burlingame’s report. Levine said no.
Gregg Boser was called to the stand. He’s a retired officer from the City of Bradford Police, and a current McKean County sheriff’s deputy. He was the arresting officer in 2005 when Bizzarro attacked Stidd, causing a brain bleed in the older man. He said Bizzarro was the aggressor in the altercation.
Two bartenders from the Hotel Holley testified. Both said Bizzarro had been in around 8 a.m. that day, and had two shots of Rumple Minze and two Miller Lites. Under cross-examination, both women said Bizzarro did not appear to be intoxicated.
Robert Geisler and Mike Viola also testified. Both men had met Stidd that morning at Togi’s Sub Station for coffee. Both said he seemed the same as he always did, and was leaving to meet pastor Daniel Mills about buying the church behind Togi’s.
Mills was the last witness on the stand. He said the church was no longer using the building, and he approached Michelle Bizzarro to see if her parents had wanted to buy the property. They did purchase it.
The trial is set to resume at 9 a.m. today.