Recordpub.com - Rootstown murder trial continues

By Dave O’Brien
Record-Courier staff writer
Testimony continues today in Cortez Oliver’s trial on charges that he and two co-defendants broke into Richard Lowther’s Rootstown home on the morning of July 2, 2009, assaulted the 68-year-old retired man and stole his coin collection before fleeing.
He died four weeks later at Akron City Hospital.
Law enforcement officials who investigated and shortly thereafter arrested Oliver, Jodi Fetty, Jonathan Dukes and Darrell Dukes for the crime already have testified about the early-morning incident and how they came to identify the suspects within two hours of the burglary. Prosecutors allege Oliver was the group’s ringleader.
Fetty said she traded Lowther’s coins for cash at the Ravenna Giant Eagle. Her testimony began Friday, and is expected to continue today. Fetty pleaded guilty in December to all the charges against her and agreed to cooperate with prosecutors.
She denies having a plea deal with prosecutors in exchange for her testimony, though Oliver’s attorney, Troy Reeves, called that into question during his opening statement.
“(Fetty) agreed to give that statement, all without any type of deal? If you’ve ever seen any cop show on TV you know that’s not the case,” said Reeves, bringing a swift objection from prosecutors that was sustained by Portage County Common Pleas Court Judge Laurie Pittman, who is hearing the case.
Other testimony expected to be introduced is Oliver’s two-hour taped interview with Portage County sheriff’s detectives the morning of the incident, when he went to the Portage County Justice Center looking to get back the car keys he left in Darrell Dukes’ car.
In his opening statement, Assistant Portage County Prosecutor Tom Buchanan told jurors they will hear Oliver, in his own words, “first lie about his involvement totally and completely,” then confess to the crime in a two-hour taped interview with Portage County sheriff’s detective James Acklin and detective Lt. Greg Johnson.
“Eventually in the taped interview he will admit he went out there with Darrell Dukes, admit he went into the house, took the change, quarters, admit he got between Mr. Lowther and Jonathan Dukes and tell you he made eye contact with Mr. Lowther,” Buchanan said. “We’ll present evidence that Cortez Oliver persisted and persuaded. He’s the person who put the plan into action, gave direction to all the participants.”
Reeves said in his opening statement he intends to show the plan wasn’t Oliver’s, even though Oliver admits to the burglary. He also said Oliver may testify in his own defense.
Reeves said Oliver knew Lowther had guns “but didn’t bring any guns” with him to do the burglary. He said Oliver knew Lowther lived alone, knew where his coin collection was kept and had information there allegedly was a safe in the house containing $50,000 in cash.
Oliver “knew the layout of the house. He knew all that before going into that house, without ever meeting Richard Lowther. How does he know that?” Reeves asked the jury.
Reeves said Oliver’s job for a Ravenna company could have given him insight into Lowther’s hobby. Oliver’s boss had performed some work at Lowther’s house in the past, and all Oliver’s information came from that, Reeves said.
“It’s a simple plan, that’s it. But it wasn’t really his plan,” Reeves told the jury. Oliver’s employer is expected to testify as a witness for the defense, according to court records.
Reeves also apparently intends to blame Jonathan Dukes for Lowther’s injuries.
“Everyone carried out their plan except Jonny Dukes,” Reeves said. “Jonny Dukes wasn’t supposed to take the man down, but he did so without the knowledge or planning by the group.”
Testimony resumes at 1 p.m. today.