Judge Rules Evidence Sufficient For Heath Murder Trial 

By Andrew Gorosko

DANBURY — A Danbury Superior Court judge ruled on July 12 that there is sufficient evidence to require John Sherman Heath, 68, of Bridgewater to stand trial for murder in the April 1984 death of his wife, Elizabeth Gough Heath, 32.

Ms Heath’s skeletal remains were discovered in April 2010 hidden beneath the floor of a barn at the Heath’s former home at 89 Poverty Hollow Road in Newtown.

Following a six-hour probable cause hearing, which started on June 19 and concluded on July 12, Judge John F. Blawie determined that the state presented enough evidence to warrant a criminal trial on the murder charge. The state presented 12 witnesses at the hearing; the defense presented no witnesses,

State law states that a person charged with a crime that is punishable by life imprisonment, such as murder, may not be put on trial for the crime unless the court determines that there is “probable cause” to believe that the accused person committed the offense charged.

Mr Heath had the option of waiving the probable cause hearing, but did not do so, requiring the state to describe its evidence.

At his May 1 arraignment on the murder charge, Mr Heath had pleaded not guilty. Newtown police had arrested him on a warrant on April 30. The defendant is being held on $1 million bail at the Bridgeport Correctional Center while awaiting a jury trial. His next court appearance date is September 7.

In court on July 12, Judge Blawie said his decision on the probable cause issue is based on the “totality” of the circumstances and the facts presented by the prosecution.

The standard of proof required to conduct a criminal trial is lower than the standard of proof required for a conviction, the judge noted.

The circumstantial evidence that the state has presented is indirect evidence, he said, adding, though, that there is no reason to be prejudiced against evidence because it is circumstantial.

Following the judge’s probable cause determination, State’s Attorney Stephen J. Sedensky III asked that Mr Heath be formally asked by the judge to state his plea to the murder charge.

When polled by the judge, Mr Heath responded, “Not guilty.”

Mr Heath sat in a wheelchair during the court proceedings, breathing oxygen through a cannula connected to an oxygen tank. The former house painter has chronic obstructive pulmonary disease. Mr Heath, who has long salt-and-pepper hair and a long beard, wore a khaki jail uniform in court.

Mr Heath’s current wife, Raquel Figueroa Heath, who attended the session with several friends, sat in the spectators section of Courtroom 2 in the White Street courthouse.

Raquel Figueroa had known Elizabeth Heath before John Heath had reported Ms Heath as missing to police in April 1984. Ms Figueroa had been a babysitter for the Heaths’ young daughter, Meghann.

Based on the skeletal evidence that was inspected by the medical examiner, there was the intent to kill Ms Heath, when considering that her facial bones were crushed inward and her arm was broken, Mr Sedensky said. The broken forearm indicates that she was attempting to defend herself during an attack, the prosecutor said.

Mr Heath killed his wife and then hid her body, Mr Sedensky said.

In response to the state’s allegations, attorney Francis L. O’Reilly, who is the special public defender representing Mr Heath, said the state lacks evidence and is basing its case on “speculation and conjecture.” The state has not presented evidence to substantiate the murder charge, Mr O’Reilly said.

Decision

In explaining his decision that a trial is warranted, Judge Blawie said, in part, that Mr Heath had told police that the last place he had seen his wife was in bed. Bedding was found with her skeleton when it was later discovered, the judge noted.

Following the court proceedings, Mr O’Reilly said of the judge’s decision to put the case to trial, “It was not unexpected due the lower standard of proof” that is required for a trial than required for a conviction.

The state will have a difficult time proving its allegations against Mr Heath beyond a reasonable doubt, Mr O’Reilly said, adding that his client steadfastly maintains his innocence.

At the July 12 hearing, Newtown police Detective Jason Frank resumed the testimony that he had begun on June 19.

Det Frank said that he provided state police investigators with Elizabeth Heath’s dental records, which had been a component of the Newtown police’s investigatory file on Ms Heath’s disappearance. Those dental records were provided to state police in April 2010 after the skeletal remains had been discovered beneath the barn.

State police then provided those dental records to the chief state medical examiner’s office whose staff would be performing an autopsy on the skeletal remains. Such records are used to make a positive identification.

Also, Gillian Perry, now of North Stonington, testified at the probable cause hearing.

Ms Perry said she was next-door neighbor of the Heaths in 1984 at the time when John Heath reported his wife as missing to police.

Ms Perry said she typically would see Ms Heath once or twice a week.

Ms Perry said that Ms Heath had asked whether she could become a tenant in an apartment on Ms Perry’s property in light of Mr Heath having started divorce proceedings against her. Ms Perry said she told Ms Heath that she would not rent out the apartment to her.

Ms Perry said that Ms Heath was upset about the divorce proceedings and also was disappointed that she could not become a tenant in the apartment.

Ms Perry explained that she then traveled to Florida where she spent a week, after which she returned to her home and learned that Ms Heath was missing.

Ms Perry said she could not believe that Ms Heath would leave the area, as claimed by Mr Heath, when considering how close Ms Heath had been to her daughter Meghann. Ms Heath and her daughter were always together, Ms Perry testified.

Witness Caroline Keith, a member of the state police’s Western District Major Crime Squad, said that she worked at the Heath crime scene in April 2010 for three days after police learned that a skeleton had been discovered there.

State police packaged Ms Heath’s skeletal remains in 183 separate containers for submission to the medical examiner, she said.

State police Detective Rachel Vanness of the major crime squad said that she transported both the skeletal remains and the Heath dental records to the medical examiner’s office.

On June 19, nine witnesses testified for the state at the probable cause hearing. Among them were four friends/acquaintances of Elizabeth Heath; John Heath’s half-sister; a man who discovered the skeletal remains of Elizabeth Heath in April 2010; one former Newtown police detective; and two current Newtown police detectives.