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By DAVID WEISS [email protected]
Wednesday, April 23, 2003 Page: 1A
WILKES-BARRE – An attorney for Henry Stubbs III steered the blame for two
deaths away from his client Tuesday, insinuating that Stubbs’ former
girlfriend could have killed a woman and her daughter out of vengeance.
In his opening statement, defense attorney Al Flora said Tammy Carroway was
jealous that Stubbs was having a sexual relationship with Elena Herring, who
was found dead inside a home at 7 Stark St. in 2001.
Flora described Carroway, a key prosecution witness, as an “extremely
jealous person” who was upset Stubbs was having “sex with that white
woman.” And, Flora said, Carroway spoke of “tearing the head” off a woman.
He also told jurors why the killings were not consistent with a robbery.
Police found Herring on a floor inside the home. Her 6-year-old daughter
was left hanging from a basement rafter with an electrical cord wrapped around
her neck three times. Her feet were 3 to 4 feet above the floor.
“That child was not killed for the sake of money,” Flora said during the
first day of Stubbs’ double homicide trial in Luzerne County Court of Common
Pleas. “That child was killed out of vengeance and rage. That child was left
there for people to see.”
The argument was one of the “ridiculous” explanations District Attorney
David Lupas told jurors they might hear from the defense team.
The two attorneys outlined their case to the jury Tuesday afternoon. Jury
selection was completed in the morning, setting the stage for prosecutors to
begin their pursuit of the death penalty for Stubbs in the case. The trial is
being held before Luzerne County Court of Common Pleas Judge Peter Paul
Olszewski Jr.
Lupas, in his opening statements, said the jury would have an “easy” case
to hear.
The evidence gathered by police, the stolen items found with Stubbs and the
testimony of Carroway will clearly show Stubbs, who was staying at 5 Stark
St., broke into the Herring home to steal money before raping Herring and
committing first-degree murders by killing the two.
Flora said jurors should be skeptical of Carroway’s testimony.
On Monday, as the jury was being selected, prosecutors dropped felony
assault charges against Carroway, allowing her to plead to a disorderly
conduct charge in the striking of a police officer.
That plea was only offered after Carroway’s attorney recently told
prosecutors she planned to invoke her Fifth Amendment right and refuse to
testify against Stubbs, Flora said. Monday’s deal calls for Carroway to
testify against Stubbs.
Flora said the evidence will not support the prosecution’s assertions that
Stubbs broke into the home for money. He said their was no sign of forced
entry or a struggle, and no drawers were ripped open. Several hundred dollars
was left in an upstairs room, Flora said.
Certain police evidence also is likely tainted because the crime scene was
not properly secured and no fingerprints, blood or saliva evidence links
Stubbs to the deaths, he said.
“Henry wants us to tell you today that, as the father of a 10-year-old
boy, he did not kill those two people,” Flora said.
Flora said Stubbs and Herring began a sexual relationship in 2001. Herring
did not love her husband and helped stage a burglary hoping it would prevent
the couple from moving to Tennessee, Flora said.
But the relationship made Carroway “extremely jealous” and, through
letters, referred to “tearing the head off” a woman.
She also gave differing stories to police, showing her behavior as
“indicative of guilt” and being “untruthful” and “deceitful” with
police, Flora said.
Lupas told the jurors if they use common sense, they will have no
difficulty seeing through Flora’s excuses and convict Stubbs of raping
Herring, stealing her bank card and guns, and killing her.
He said Carroway will tell them Stubbs was wearing a green sweater when he
left the 5 Stark St. side of the home for a cigarette. The next day he
returned, demanding Carroway wash the sweater, he said.
When she did, Carroway noticed it was stretched and had a hole that
previously was not in the sweater. Fibers from the sweater, Lupas has said,
were found on the two victims’ clothes.
“This is an easy case for you to consider,” Lupas said. “Keep your eye
on the ball. This is a case of overwhelming evidence.”
David Weiss, a Times Leader staff writer, can be reached at 831-7397.