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Katie’s mother, Emma Shetler, subpoenaed by the court, was the
next to testify on behalf of the prosecution. Ed began to cry as
she made her way to the stand.
“How did the defendant and his wife, the victim, get along?”
Ferguson asked.
“I don’t know how to answer that,” Emma replied.
“When was the last time you saw the defendant before Katie’s
death?”
“He was putting up ice.”
“At your house?”
“Yes.”
“Did you notice anything unusual about him?”
“No.”
Ferguson asked a few more questions and then turned Emma over to
Lewis, who declined to cross-examine.
Danny Gingerich was the next witness called by the prosecution.
During Danny’s testimony, he chronicled the events that took place
the day of Katie’s death and was asked to read the statement he had
given to the state police on the night of Katie’s murder. On
cross-examination, the defense questioned Dan about his brother’s
mental problems and their trip to Jacob Troyer’s, the healers, home.
Following Danny Gingerich’s testimony, the prosecution called an
English sawmill customer to testify to Ed’s state of mind and two
Pennsylvania State Police troopers, to recount the events following
Ed’s ultimate arrest and confession. With their testimony
complete, prosecutor Ferguson announced that the Commonwealth had
rested its case. Don Lewis could not believe what he was
hearing; the prosecution did not bother to produce one psychiatrist to
testify to Ed’s sanity, a toxicologist to debunk the Gunk theory, or
any of the Mill Village paramedics to describe the horrid crime scene.
The jury was left with very little knowledge of who Katie Gingerich
was, or how she had suffered.
The basis for Ed’s defense relied heavily on proving that he was
in a severe mental state while committing his crime. To do this,
Don Lewis relied upon testimony from Dr. Bernstein and Dr. John J.
Spikes, a toxicologist from Philadelphia, Pennsylvania. Dr.
Spikes’s testified that the Gunk fumes had caused “organic brain
syndrome,” a condition, which existed at the time of Katie’s
murder. Douglas Ferguson’s cross-examination of Dr. Spike was
about as comprehensive as the case he had earlier presented.
“Have you ever spoken to the defendant?” Ferguson asked.
“No,” Dr. Spikes replied.
“Did you question anybody who saw the defendant on the day of the
killing?”
“No.”
“Then everything you know about the defendant has come from
Attorney Lewis?”
“Yes.”
“Do you know if the defendant used other products besides Gunk to
clean engines?”
“No.”
“Do some furniture-polishing products contain petroleum
distillates?”
“Yes. All things are toxic, some more than others.”
“Are skin rashes always a symptom?”
“No, but frequently. The organs remain affected after the
petroleum distillates have passed through the system.”
“I have no further questions.” Ferguson announced.
By the end of the defense’s case, they had put fourteen witnesses
before the jury-- twice as many as the prosecution.
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