Pocono News Section

Scher Case Could Go to Jury by Thursday

Scher Case Could Go to Jury by Thursday - Wednesday, March 12, 2008 at 5:27PM EST

Reported by: Eric Deabill
Wednesday, Mar 12, 2008 @05:27pm EST

MONTROSE, SUSQUEHANNA COUNTY- After calling just four witnesses over the last two days the defense has wrapped up its case in the Doctor Stephen Scher murder re-trial.

Scher is accused of killing his best friend Martin Dillon in 1976.Scher did not take the stand on Wednesday. But a well known pathologist testified on his behalf.

It was a morning full of outbursts and even cursing in court. Minutes after Forensic Pathologist Doctor Michael Baden took the stand Wednesday he provided the strongest evidence yet that the death of Martin Dillon in 1976 may have been an accident.

When looking at old pictures and autopsy reports from the Gunsmoke hunting area, Dr. Baden said it looked like the gun that shot Dillon was most likely fired only 6" or "8 inches away from his body.

“When I did the first report I said it was a close wound. It could happen many different ways, it could be self-inflicted. Or it could be an accident. It could even be by someone else pulling the trigger” explained Dr. Baden.

Baden's testimony is important because it backs up the story that Doctor Stephen Scher used in his first murder trial 11 years ago that he struggled with Dillon for control of the gun after the two men had a fight.

Prosecutors said that is a fake story. On cross-examination emotions boiled over as Prosecutor Pat Blessington accused Baden of losing evidence, a claim that Baden denies.

“Nothing was lost. It is difficult. It is very difficult and it’s very easy for mistakes to be made after that period of time” continued Dr. Baden.

Blessington also accused the pathologist of changing his story since 1997 to fit Scher's struggle scenario. At one point Baden lost his cool yelling “Can I answer your damn question?”

The only other witness for the defense on Wednesday was another forensic expert to prove the shooting could have been an accident.

After the defense rested the prosecution read in the testimony of one more witness. Closing statements are scheduled for Thursday morning at 9:00 a.m. and the jury is expected to get the case by the afternoon.