CASE SUMMARY
THE TRIAL
Matt was transported to Ashland County Jail and was appointed a local lawyer to represent him, Damian Vercillo. Matt’s bond was again set at $450,000 cash only. No 10%. No property. This was to ensure Matt had no way to get out and investigate the crime. Matt knew nothing about the victim or crime. Through his lawyer, the Prosecutor offered a plea bargain, to reduce the charge from aggravated murder to the lesser included offense of felonious assault with a sentence of 3-15 years with guaranteed parole in writing in 2 years. Matt refused, maintaining his innocence.
Vercillo filed demands for Discovery, which the Court granted, ordering the Prosecutor to turn over a list of ALL witnesses, evidence, scientific and other reports related to the case, and anything that could be construed as exculpatory evidence. Matt had refused to waive his speedy trial rights, needing to get this whole mess straightened out, so he could return to his life, so the initial trial date was set for January 2, 1991. The eventual trial date started on January 15, 1991 - the same day as the Gulf War started. Notably, the Prosecutor was still dribbling in discovery responses after that date, with the material he had had since 1986.
At trial, the Prosecutor presented Judy Taylor's testimony, which now included a claim that she had been in the Kallethea Bar on the afternoon of December 30, 1985 and she had seen Gurcia with Matt. The Prosecutor also presented the testimony of Fred and Lisa Kyles, who were friends of Vic Taylor and ex-friends of Matt as Matt had been responsible for Fred getting caught dealing cocaine and being handed a 10-year prison term. Therefore, Fred testified in an Indiana jail uniform about how Matt had also told him “He did it". Lisa's testimony was similar but conflicted with Fred's.
The Prosecutor also presented the testimony of Dan Miller (he was a school friend of the Kyles', Vic Taylor and Joe Griffith) who was a local small-time drug dealer, under Indictment for obstruction of justice, and under threat of prosecution if he refused to co-operate. Miller testified, that on an unknown date, he had been driving Matt’s orange pick-up truck to see what might be wrong with it, as he was an auto mechanic, and they had gone to the Kallethea Bar. He claimed that Matt had gone in and come out with an unknown female, (who was never identified as Gurcia), that he had driven to Mifflin, to an area several miles away from where the murder actually took place, and that Matt had got out with the unknown female, and come back without her after a while, with "his knife in his hand and blood on his thumb". Notably, Miller and Matt had had a serious falling out in 1987, just before Matt moved to Indiana, and Miller had threatened Matt.
The coroner later testified that Gurcia had suffered bruises to her left eye, the left side of her face and the left corner of her mouth, and to her left ribs and had suffered approximately seven shallow slashes to her neck, one of which cut the artery and she bled to death.
An independent Forensic Pathologist noted that all the injuries inflicted upon Gurcia were clearly and obviously inflicted with the right hand (or fist), and that the knife wounds were clearly made from behind, from left to right, and slightly upwards, which establishes a reasonable degree of scientific certainty that the perpetrator was right-handed. It is undisputed that Matt is left-handed.
The final witness for the Prosecution was LaTreva Perdue, who was never interviewed by the Defense prior to trial. Perdue testified for hours, describing the two men, their clothes, shoes, every step of the incident, and all she could remember. Specifically, she testified that the taller man had a goatee several inches long and had grease under his fingernails. She confirmed the description of the truck bed and the floor shifter. When asked if she remembered and could identify the tall man, she responded that she could. When asked to "look around the courtroom, I mean really look, and tell us if the tall man is in the courtroom", she responded "No." Obviously taken by surprise, the Prosecutor, with the Judge's permission, had Perdue leave the witness stand and walk over to the Defense table, and look closely at Matt.
She returned to the stand and reiterated that Matt was not the man. The Prosecutor repeatedly asked her "Are you sure?" and "How sure are you?" The defense counsel's objections were sustained. Then the Judge finally told him he could "get at it on redirect". Defense counsel then said, "no questions", to prevent the Prosecutor from these inquiries.
To this date, nobody from the Defense has ever interviewed LaTreva Perdue about what she knew about the murder of Gurcia. The Prosecutor stage-managed her testimony, and it was later discovered that she had been promised that an old probation violation would "go away" in exchange for her testimony in this case. However, she was sent to prison for nine months, when she refused to lie and identify Matt as the killer.
When Matt's family hired an investigator in 2020 to investigate witnesses, it was discovered that LaTreva Perdue had passed away earlier that year.
The lead Detective specifically testified that there were no identifiable fingerprints found at the scene.
Defense counsel had hired a Private Detective, Bill Spognardi, a former Richland County (Mansfield) Sheriff's Deputy who, it was revealed at trial, had been fired from the Police for falsification. Spognardi's partner in his private detective agency was later revealed to have been the then-former Mansfield Police Detective Robert Lemon.
