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Jury In Murder/Arson Retrial Asks For Reread Of Testimony Of Defense Witness But Judge Declines

By Steve Tawa

PHILADELPHIA (CBS) -- A jury in its second full day of deliberations pops another question in the murder/arson retrial of Daniel Dougherty.

He's accused of setting an Oxford Circle rowhome fire that killed his two young sons in 1985.

The latest question centered on a request to re-read testimony of the only defense witness to take the stand forensic scientist John Lentini.

Judge Scott O'Keefe told the prosecution and defense lawyers out of view of the jury that he was inclined to say no that they should rely on their recollection of testimony.

Defense lawyer David Fryman says perhaps the judge should entertain the request and have a read back of a portion or piece of the testimony.

Prosecutor Jude Conroy says the rules of conduct state that its the recollection it controls.

The judge also pointed out that Lentini was on the stand for a day and a half. A former Philadelphia fire marshal Thomas Schneider confirmed the original report of arson during his testimony, but Lentini told jurors it should've been ruled undetermined.


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