‘Guilty from the beginning’: Butler jurors watch Dauphin panel reach verdict

By KATHY MELLOTT
The Tribune-Democrat

BEDFORD July 05, 2008 11:12 pm

— The conviction of Joseph Clark brought closure, but not only for the family of murder victim Holly Notestine.
In late January, a Butler County jury could not come to a verdict on Clark’s guilt in the 2000 disappearance and slaying of the Bedford County woman. A mistrial was declared in early February.
Some of those jurors returned to Bedford last week, this time to watch from afar as jurors from Dauphin County weighed the evidence and found Clark guilty of first-degree murder.
One Butler County woman listened to two days of testimony, then visited with Notestine’s sisters and her partner Ronald Grubb.
“She told us she needed to come because she needed closure on this,” said Cindy McMurtie, Notestine’s sister. McMurtie attended nearly every session of both lengthy trials.
To Grubb and his daughter Chasity, the woman offered condolences.
“She told us we never should have had to go through this a second time,” Grubb said, “and she thought Clark was guilty from the beginning.”
A second female Butler juror attended the proceeding for an afternoon in the final days of testimony.
A third Butler juror, a man, came to Bedford the day of closing arguments. He told Higgins he likewise was sorry the Grubb-Notestine family had to go through a second trial.
The Butler County jury heard two weeks of testimony that began on Jan. 14, and deliberated for six days into early February. At day four of deliberations, members told Judge Daniel Howsare they had not reached a verdict.
At day five, they used the term “deadlocked.” At the close of the sixth day, they made it clear they were at an impasse and a mistrial was declared.
Jury foreman James Demchuk later told The Tribune-Democrat the vote to convict was 10 to 2.
“Two of them appeared to be the type of people who couldn’t convict anybody of anything,” Bedford County District Attorney William Higgins said.
In an e-mail to The Tribune-Democrat on the day Clark was convicted of first-degree murder, a Butler County juror who asked that her name not be used, talked of the traumatic experience the panel went through in January.
“All I feel now is relief,” the juror wrote. “ I personally thought he was guilty. And I certainly pray for (Clark’s) family, as their tragedy really starts now.”
She talked of Clark’s denial of committing the crime. The juror said that the best thing would be for him to admit to the kidnapping and murder.
“For what ever reason we couldn’t come to a verdict,” the juror wrote. “For three to four weeks, our entire lives revolved around this tragedy.
“Some of us felt a duty to Holly to see it through and we will probably remember her and her family for the rest of our lives.”