Judge expected to rule on mistrial request

By Gretchen M. Kline

Wednesday, June 5, 2002

UNIONTOWN - Fayette County Common Pleas Judge Gerald R. Solomon will decide this morning whether a mistrial should be declared in the commonwealth's case against Roberta F. Gillin, accused of aiding her husband, James, in the decade-old stomping death of their adopted daughter, Helen Louise Gillin.

Helen Louise Gillin, 25, was killed at the couple's former residence in Bear Rocks, Bullskin Township. Her body was then burned in a backyard fire pit.

On Tuesday, the second day of testimony in the homicide trial, investigating state police Trooper Daniel Venick, of the Uniontown barracks, read into the record a statement that Roberta Gillin, 51, of Masontown, made to Sgt. Charles Depp on Aug. 4, 1999, the day she and her husband were arrested for the murder.

Defense attorney Paul Gettlemen motioned for a mistrial after he determined that he did not have the two pages of this statement included in his discovery material. The only statements Gettleman said he had were relative to a statement Gillin allegedly made in March 1995.

Called to the stand by District Attorney Nancy Vernon, Venick, a member of the "Cold Case Squad," said Roberta and James Gillin were arrested on Aug. 4, 1999, at the couple's house in Yukon, Westmoreland County, and subsequently transported to the barracks. At first, Gillin told police her biological daughter, Mary Jo Overly, was lying about Helen Gillin's death. Overly came forward years later with information about the murder.

In January 2001, James Gillin was convicted of first-degree murder and sentenced to life plus 5 to 14 years in prison for Helen Gillin's death.

Police allege that Roberta Gillin aided her husband in Helen Gillin's death; that she did not stop her husband as he stomped Helen Gillin to death one evening in the summer of 1992. In addition, Overly testified her mother fed Helen Gillin a mixture of laundry detergent, Rid-Iron and heart medication so she "would fall asleep and not wake up."

Police allege that Roberta Gillin wanted Helen Gillin gone because James Gillin had been having a sexual relationship with her for 10 years.

Overly testified on Monday and Tuesday that Helen Gillin was subjected to less-than-desirable living conditions, including being forced to sleep in the garage and being confined to a large boulder in the yard, and was only fed enough food to sustain life.

Overly testified that she saw Helen Gillin's broken body lying in the backyard pit and testified that her parents lit a fire in the pit, burning the corpse.

When Depp discussed with Roberta Gillin the circumstances of Helen Gillin's death as told by Overly, Roberta Gillin said, "Helen, she didn't deserve this."

According to the report, Roberta Gillin allegedly told Depp the death of Helen Gillin "was not as gruesome as Mary Jo made it to be. I have been losing my mind since it happened."

Roberta Gillin believed that the murder occurred in the fall but could not recall the year. She said that she went into the bathroom and found that Helen Gillin sexually assaulted one of Overly's children. Roberta Gillin said she screamed and her husband came upstairs and took Helen Gillin downstairs. A shocked Roberta Gillin sat down on the stairs, she claimed.

"When I got up, I went outside and she was already dead. I knew she was dead, I felt her pulse ... James then said, 'I am really scared.'"

Roberta Gillin told police she began screaming, "What are we going to do." She said her husband replied, "The only thing we can do. I don't want to go to jail for the rest of my life."

Roberta Gillin said she saw blood on a rock and James Gillin told her he struck Helen Gillin and she hit her head on the rock.

Roberta Gillin told police that James Gillin said, "The only thing I can think of is to burn her."

Roberta Gillin said her husband placed the body in the fire pit and got the gasoline, although she could not recall if James Gillin left to purchase gas as Overly had told police.

Roberta Gillin said her husband started a fire while she, dazed, sat down by the fire. She said that when she woke up the next morning, her husband said they needed to get rid of the ashes.

"I told him no, that's her (Helen Gillin's) grave. She is in there. Leave her alone," Roberta Gillin told police.

Assistant District Attorney Joseph George told Solomon that the contents of the interview were not contained in the discovery material filed in the Clerk of Courts office, but the interview itself is referenced in supplemental discovery materials.

Solomon asked Gettlemen if he was aware of the reference to the interview in discovery material furnished to Roberta Gillin's former attorney, Dianne Zerega of Uniontown. Solomon also questioned why Gettleman did not raise an objection when Venick began to read the statement.

Said Gettleman, "Not only is it a statement, but culpatory as well. In response to the district attorney, it is not my responsibility to look for the statement. I assume if it is an inculpatory or exculpatory statement, there would be more than a reference by (page) numbers." Gettleman said Roberta Gillin did not make that statement to police.

Solomon asked George why the commonwealth, if charged with providing both inculpatory and exculpatory evidence to the defendant, did not include these pages.

George said discovery material for both Roberta Gillin's case and James Gillin's case number in the hundreds and the failure of the district attorney's office to include the pages was an oversight. He advised that the statement would be provided to Gettleman and that Depp would be available for interview by Gettleman. George also said the court could advise the jury with a cautionary instruction to disregard that testimony.

"We believe the appropriate remedy is not a mistrial," said Vernon. "A mistrial is not warranted. He (Gettlemen) sat through testimony, knowing his client gave a statement in 1995 and listened to Venick expand on the 1999 statement without objection, then asked the court for a mistrial."

Gettleman said the commonwealth was not relieved of its burden of providing evidence, and instruction to the jury by the court will not take his client's statement out of the jurors' minds.

"I spent a lot of time preparing for this case, but I certainly did not prepare for that," he said.

Gettleman said the court's remedy would not ensure Gillin is given her right to a fair trial.

"My client was prepared to take the stand and clearly, today, she is in no position to defend herself against that," noted Gettleman.

Solomon would render his decision when court convenes at 9:15 a.m. today.