Jurors in the Thor Frey retrial spent much of Tuesday re-watching a video of the crime scene and re-listening to testimony from Frey's ex-wife and ex-girlfriend, but they were unable to arrive at a verdict after a third day of deliberations.
The jurors will be back at work Wednesday morning, trying to decide whether to convict Frey of felony murder for a second time in connection with the 2006 beating and suffocation death of 75-year-old Mary Bostian of Phillipsburg, Warren Co.
The jurors spent 35 minutes viewing the crime scene DVD, which they initially watched on Jan. 3, the first day of testimony in Frey's retrial.
But this time there was no narration by prosecution witness Stephen J.
Matuszek, a now-retired investigator for the Warren County Prosecutor's Office who shot the footage in and around Bostian's home on Aug. 18, 2006, a few hours after Bostian was murdered and a safe with $25,000 in cash and coins owned by her son was stolen.
After a lunch break on Tuesday, the jurors watched in silence and raised their hands when they wanted a court officer to pause or roll back the DVD. The jurors had the DVD stopped seven times, but did not seem to concentrate on any one part of the house or surrounding yards or any particular piece of evidence.
Jurors had asked Judge Ann R. Bartlett if they could control the play-
pause mechanism of the DVD player. However, after consulting with
prosecutor Kelly Shelton and defense lawyer Michael Priarone, Bartlett ruled that a court officer would be in charge.
Jurors began the day by spending about an hour re-listening to testimony from Frey's ex-wife and ex-girlfriend.
A court reporter first read back testimony given on Jan. 3 and 4 by Naomi Frey, who was Thor Frey's estranged wife in 2006.
The court reporter then read back testimony given last Wednesday by Robin O'Grady, who was Frey's girlfriend in 2006 and the former wife of his convicted accomplice in the crime, Donald O'Grady Jr.
Most of the testimony from Naomi Frey, who was living with Bostian's son, John Counterman, when Bostian was murdered, centered on her purchase of two medallions engraved with Thor's hammer from a mail- order catalog.
Investigators found a Thor's hammer medallion in Bastion's living room on the day she was murdered, and Naomi Frey testified that she gave one of the medallions she bought to her former husband through his sister.
In her testimony, Robin O'Grady related what happened when Thor Frey returned to their home on Market Street in Bangor, Northampton Co., before sunrise on Aug. 18, 2006.
She said Frey gave her about $800 in cash and told her he had robbed for it, and that later in the day, as Frey watched a newscast about Bostian's death, Frey admitted being at Bostian's home, but claimed he "did not hurt the lady."
Frey was convicted of felony murder, robbery, burglary and criminal mischief in 2009 and given a 40-year sentence, before being granted a new trial in 2011.
The jury of six men and six women began their deliberations last Friday.