Trial date uncertain in homicide case of Crawford woman accused of poisoning 11-year-old
TIM HAHN Erie Times-News
It will be at least a few more months before a Crawford County woman charged with fatally poisoning her 11-year-old adopted son will face a jury as prosecutors and her lawyer continue to work through pre-trial procedures.
A trial for 63-year-old Mary E. Diehl, who was charged in November with criminal homicide in the death of Najir W. Diehl on Sept. 5, 2021, was scheduled for September in Crawford County Court. But county Judge Mark Stevens tentatively moved the trial to Crawford County's November trial term during a status conference in the case on Wednesday morning.
Stevens said Wednesday's hearing was the first time the case was before him, and there were pre-trial matters to work out between Crawford County District Attorney Paula DiGiacomo, who is prosecuting the case, and Diehl's lawyer, Eric Hackwelder.
Those matters include a pre-trial motion filed by Hackwelder in early August seeking to exclude certain evidence from trial, including a polygraph given to Diehl and a letter Diehl had reportedly sent to Crawford County Coroner Scott Schell after the boy's death.
Stevens asked the lawyers to go through the list of evidence Hackwelder is seeking to exclude. If there are arguments to be heard over some of the evidence, a hearing will be scheduled on the matter, the judge said.
Najir W. Diehl's death
Pennsylvania State Police investigators accuse Diehl of providing Najir with a "poisonous substance" that was discovered in his system through toxicology testing done following the boy's death. No autopsy was done in the case, according to information presented in court on Wednesday.
The boy was found dead at the family's home at 7621 Mallard Road in East Fairfield Township, Crawford County, near Cochranton, when authorities were notified of the death on the morning of Sept. 6, 2021.
Najir, who was born in Erie and later adopted by Diehl, had special needs and had an extensive history of health-related problems, authorities said after the boy's death.
A trooper involved in the investigation testified at Diehl's preliminary hearing in December that Diel stated during a Nov. 8 interview that she had given Najir a half-full cup of windshield wiper fluid to drink because she wanted to "free him." When Diehl was asked what she thought would happen to the boy when he drank it, she said he "passes," Trooper Keven Geibel testified.
According to the trooper's testimony, Diehl initially told a 911 dispatcher and state police that she believed Najir died from suffocating in his bedding when he had a seizure. The trooper said Crawford County's coroner initially determined that Najir died of asphyxiation due to a seizure disorder, as the boy had a history of seizures. But the results of toxicology testing that were received in early October showed a lethal level of methanol in the boy's system, according to the testimony.
Geibel testified that Schell then conferred with Erie County forensic pathologist Dr. Eric Vey. After more study was done the manner of Najir's death was determined to be methanol toxicity, with a single dose occurring on Sept. 5.
The trooper said Diehl told investigators that Najir, who was unable to walk or open a container of methanol, was never out of her sight on Sept. 5. She said the boy did not have access to the room where such chemicals are stored.
The case
Diehl was charged in Najir's death on Nov. 8 and was arraigned on the homicide charge the next day. She remains in the Crawford County Correctional Facility without bond.
DiGiacomo and Hackwelder said in court Wednesday that testimony presented at trial is expected to take about a week. DiGiacomo said those expected to testify for the prosecution include lay witnesses, troopers and experts. Vey is among the experts expected to testify at trial.
Hackwelder said the defense will have witnesses, but he did not know the number. He said the defense also has an expert who is expected to address the toxicology report.
DiGiacomo said prosecutors have provided the defense with forensic reports and a report authored by Vey. Hackwelder said his expert has not authored a report, but one would be written and provided to prosecutors.
Contact Tim Hahn at thahn@timesnews.com. Follow him on Twitter @ETNhahn.