Friday, March 20, 2009
Kevin Foley, 43, faces a mandatory life sentence without parole for slashing to death John Yelenic, a Blairsville dentist who was in the final stages of divorcing his wife, Michele. Foley’s attorney said he plans to appeal the decision. Prosecutors did not seek the death penalty.
Foley previously said he “loathed Dr. Yelenic” and asked another fellow trooper to help kill him. During his testimony, which lasted several hours, Foley claimed he was joking and had no true intention of carrying out the threat, but the Indiana County jury rejected that defense after about six hours of deliberations.
John Yelenic was found dead in his home on April 13, 2006, one day before he was planning on signing his divorce papers. Charges were brought against Foley in September 2007, more than 17 months after the murder.
Foley, who had been on suspension from the Pennsylvania State Police, was himself the final witness to take the stand Wednesday in the trial. Foley insisted he was innocent during his testimony, and even made jokes that the jury laughed at on a few occasions.
“I never made a threat with the intention of carrying it out,” Foley said under cross-examination by the prosecution.
When Senior Deputy Attorney General Anthony Krastek pressed Foley for what was funny about asking another state trooper to help him kill Yelenic, Foley answered, “There isn’t any joke. It’s just my personality, my behavior (with co-workers).”
Prosecutors said Foley killed Yelenic after going to the dentist’s house to confront him over the terms of the divorce. Prosecutors claim Foley slashed Yelenic several times with a knife and pushed his head through a small window. Yelenic bled to death.
“John has his justice tonight,” Mary Ann Clark, a cousin of Yelenic, told MSNBC. “John deserved this; he was the most wonderful person in the world. He died the most horrible death and tonight, this is his night. The system worked.”
Foley had been living with Michele Yelenic for two years at the time of the homicide. Prosecutors previously said Foley and Michele helped perpetuate rumors that Dr. Yelenic molested their son. John and Michele Yelenic had been separated in 2002. Michele Yelenic stood to collect Dr. Yelenic’s estate and a US$1 million life insurance policy, and could lose about $2,500 a month in support if the divorce was finalized, a Pennsylvania grand jury previously determined.
Michele Yelenic, who has not appeared at the trial, may face legal action herself, media reports indicated. A sentencing hearing for Foley is scheduled for June 1.