Published: April 22, 2009 11:58 pm      

Prosecutor: Old cases challenging

EBENSBURG — Prosecuting a murder case anytime can be difficult because witnesses’ memories may be sketchy, so prosecutors can face challenges when there’s a break in a cold case and suspects are arrested and prosecuted sometimes decades after the homicide, a Cambria County prosecutor said Wednesday.

The arrest of a former Somerset County man this week in his wife’s slaying in 1981 reminded Assistant District Attorney Gary Costlow of the break in a 1990 murder that led to the arrest and conviction of Elmer Westover in 2001.

In both cases, witnesses’ memories became an important part of the breaks in the cold cases.

Authorities said that new information from a nephew of John Dawson helped lead to Dawson’s arrest in the bludgeoning death of his wife, Kathleen, in November 1981.

Westover was charged with shooting and killing 66-year-old Andrew Fenchock of Emeigh in May 1980 in the victim’s garage, where he did radio and TV repairs.

Fenchock had been shot four times with a 22-caliber handgun.

Although Westover’s name had surfaced as a possible suspect, there was no arrest as state police quietly continued to probe the cold case for 20 years.

But then a break came in late 2000 when authorities said that informants came forward alleging that Westover had been talking about how he had killed Fenchock.

“Memories can be bad enough even with more recent events, let alone talking to people with memories more than 20 years old. That’s why a break doesn’t happen all of the time in these cases. When it get cold, it gets really cold. But it’s surprising that people do remember some things and events,” Costlow said.

Costlow told the jury that the break came in the Fenchock murder when a man who was arrested for being drunk and disorderly complained about being taken into custody for a minor crime while killers go free.

During the trial, prosecutors called witnesses who linked Westover to the crime. Jurors also were told about the detailed confession that Westover had given to the police after his arrest.

But at his trial, Westover maintained that he was innocent.

He testified that he had given the incriminating statement to the police because he was frustrated and angry about people making false accusations that he had killed Fenchock.

Westover was 19 years old at the time of the slaying

He was convicted of third-degree murder and sentenced to 10 to 20 years in state prison.

He’s now at SCI-Laurel Highlands in Somerset County.