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YOUNGSTOWN Witness that skipped trial is found



Published: Wed, September 19, 2001 @ 12:00 a.m.



One of the other witnesses was found in contempt of court, and one was cleared.

YOUNGSTOWN -- The last of three witnesses who failed to answer subpoenas to testify during a murder trial in July has been found.

Terrell McDowell, 21, of Otis Street, was being held without bond in the Mahoning County Jail, where he's awaiting a hearing to determine whether he is in contempt of court for ignoring the subpoena.

In the meantime, Judge R. Scott Krichbaum said McDowell won't escape his duty to testify, even though the trial is over.

What happened: McDowell was subpoenaed by prosecutors to testify in the July murder trial of Frederick Easterly.

The trial had to be postponed for seven weeks because McDowell and two other witnesses did not show up.

One witness, Charles Scott, was located in time to testify when the trial resumed. A jury found Easterly innocent. Scott escaped punishment because prosecutors did not prove he ever received the subpoena.

Bryant McGauley, 19, of Otis Street was found in contempt of court last week for ignoring his subpoena. Judge Krichbaum sentenced him to 30 days in the county jail, the maximum penalty under Ohio law.

A hearing will be Oct. 5, during which the judge plans to make McGauley testify about what he saw when 19-year-old Bert King was shot and killed in October 2000.

During a short hearing Tuesday, Judge Krichbaum said he'll do the same thing with McDowell, who is McGauley's brother.




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