INTRODUCTION We, the members of the Twenty-Sixth Statewide Investigating Grand Jury, have received and reviewed evidence pertaining to an investigation of the murder of Dr. John Yelenic. This investigation was conducted pursuant to Notice of Submission of Investigation Number 19 and, by- this Presentment, this Grand Jury hereby makes the following ?ndings of fact and recommendation of charges: . FINDINGS or FACT In May, 2007, the Statewide Investigating Grand Jury began receiving testimony regarding the murder of Dr. John IYelenic. State Police Corporal Randall Gardner testified that on Thursday, April 13, 2006, at approximately 3 :25 pm, the body of John J. Yelenic, D.M.D., was discovered in the living room of his home located at 233 South Spring St., within the Borough of Blairsville, Indiana County, PA. Dr. Yelenic was a white male approximately six foot two inches tall, he weighed approximately 225 pounds. The initial responding investigators observed that the living room and adjacent foyer were extremely bloody. Blood smears, in addition to pools of blood, indicated that a struggle had taken place. A glass side light window which is situated beside the front door of the residence was found by investigators to be broken. Blood was observed on and around the broken window. Broken glass was also observed on the ?oor of the foyer area of the residence as well as on the ?oor of the front porch of the residence. The associated curtain and two curtain rods were observed to be bent, twisted, off its mounting hooks and blood soaked. The curtain itself was on the ?oor in the foyer. The victim?s body was found in the living room. area of the residence near another large pool of suspected blood. Suspected blood was observed on the walls and furniture within the residence located in the foyer, hallway and living room. I Cpl. Gardner further testi?ed that because of the obvious indications of a struggle, it would be reasonable to conclude that there was physical contact between the victim and his assailant that could lead to the transfer of evidence from the actor to the scene and/or victim as well as from the scene and/or victim to the actor. The force used could have possibly resulted in injury to the actor. The victim was barefoot Several bloody shoe prints/impressions were discovered at the scene, beginning near the victim ?nal resting place in the living room area of the residence and continuing from the living room, through the dining room and kitchen and out of the residence through a rear door. The bloody shoe prints/ impressions were photographed and/ or collected. Photographs and CD images of the bloody shoeprints/irnpressions, along with evidence found inside the victim?s residence with bloody shoeprints/impressions, were sent to an FBI lab for testing in August and September, 2006. A Report of Examination from the FBI laboratory indicates that these bloody shoe prints/impressions ?most closely correspond with laboratory reference materials for an ASICS Gel Creed? or Gel Creed Plus? shoes.? The FBI examiners further consulted with a Mr. Brice Newton of. the ASICS America Corporation and determined the impressions measure between size 10 through 12% men?s shoe. I The victim was pronounced dead at the scene by the Indiana County Coroner?s Office at approximately 4:10 p.m. - On Friday, April 14, 2006, an autopsy was performed on the body ?of John Yelenic by Dr. Cyril H. Wecht. The fmal opinion reached by Dr Wecht in his report was the following: ?This autopsy illustrates an instance of death 1n a 39 year old white male, due to exsanguination (blood loss) as a result of multiple extensive lacerated wounds of the scalp, face, neck, trunk, and right arm. Deep wounds through the thyroid and cricoid cartilages are noted with bleeding into the tracheobronchial tree. No signi?cant ante mortem disease processes are noted. The manner of death is. homicide.? Most of the lacerated wounds, according to Dr." Wecht, were consistent with slashing knife wounds. Biological samples were also taken from the ?victim at the time of autopsy, which included ?ngernail clippings and a blood sample. Cpl. Gardner testi?ed about interviews conducted by State Police Investigators of the individuals residing near the Dr. Yelenic? residence. According to Gardner, five neighbors recalled hearing unusual noises in the early morning hours of April 13, 2006 coming from the vicinity of the victim? residence and described variously as males arguing, blood curdling screams or noises like pig squeals. Some neighbors were awakened by dog barking. These five neighborhood witnesses approximated the time that they heard this disturbance as betweenl am. and 2 a m. on April 13, 2006. On December 3 1, 1997,10hn Yelenic married Michele Magyar-Kamler. The couple adopted 'a child, .J . Yelenic, on March 17, 2000. The two separated on March 6, 2002. Michele Yelenic ?led a Complaint in Divorce against the victim on June 10, 2003. Michele Yelenic and/or their juvenile, adoptive son would be the bene?ciary to the victim?s estate and life insurance bene?ts that amount to more than 1 million dollars The divorce proceedings between John and Michele Yelenic had become eXtremely heated involving the police on more than one occasion. The victim was forced to spend countless hours of time and thousands of dollars in legal expenses defending against allegations that he physically and sexually abused his adoptive son. All of these allegations were subsequently determined to be unfounded. Michele Yelenic made increasing demands for money from Dr. Yelenic. It was learned . through the victims? attemey, Ef?e Alexander, Esq. ., that the victiIt-I-"had always given into the ?nancial demands of Michele Yelenic throughout their separation. It was only 1n the last days of the . victim life that he had begun to resist his ex?wife? 3 ?nancial demands. According to Alexander this infuriated Michele Yelenic. I According to the employees at the Victim? 5 dental practice Michele Yelenic called the victim at the practice continuously and demanded money. Within days of the murder and for the ?rst time, - the victim refused to take Michele Yelenic 5 calls. Georgette Johnson testified that she worked as a receptionist for Dr. Yelenic, beginning in 2004 Johnson testi?ed that Michele Yelenic called frequently, asking to speak to Dr. Yelenic. Dr. . Yelenic always took those calls prior to April, 2006. On April 3 or 4, 2006, Dr. Yelenic refused to take a call from Michele Yelenic. Michele Yelenic told Johnson that she wanted money from an escrow account to pay some bills for .J . Yelenic. Still refusing to take the call, Dr. Yelenic had Johnson tell Michele Yelenic to get in touch with her lawyer and that if she signed the divorce papers, he would give her the money. Michele Yelenic centinued to insist to Johnson that she needed money from Dr. Yelenic, that she would have to get food stamps for their son, and that she intended to go ?to the media? with her complaint. The divorce settlement would have decreased Michele Yelenic support check from the approximately 500. The support would have changed from approximately 800. 00 to approximately 300. 00 per month. Nevertheless, 1n the event of Dr Yelenic 3 death, J. Yelenic would become the sole bene?ciary of I Dr. Yelenic?s estate. Michele Yelenic would then be .J . Yelenic sole remaining parent and caretaker. Michele Yelenic testified that Kevin Foley moved into her residence at 10 Susan Drive, Indiana, PA, at the end'of 20 04. Her" three children, including I .J. Yelenic, lived with them from that time. I I Kevin Foley'is? a State Trooper stationed at State Police Barracks in Hollidaysburg. At the time of this incident, Foley had been assigned to the Criminal Investigation I Unit at the State Police Barracks 1n Indiana. Duties associated with that assignment would include the investigation and prosecution of criminal acts ranging from Criminal Mischief to Criminal Homicide. - i i According to Cpl. Gardner, Foley has received training and education in the law enforcement field. Foley has been a United States Army Military Policeman, holds a Bachelor of Arts Degree in Criminology from the University of South Florida, and has completed the Municipal Police Of?cers Training Academy (Act 120). Foley enlisted inthe State Police in 1-994 and has received continued law enforcement training. Some of the training Foley has completed as a State Police Trooper includes the following, Interview and Interrogation, Testifying in Court, Crime Scene Protection and Evidence Collection, Advanced Crime Scene Investigation, Search and Seizure, along with numerous other training classes Foley was also a designated Department Physical Fitness Coordinator since 2001 and receiVed associated training inthat ?eld as well; Foley has therefore attended training and has been exposed to procedures involving the i detection, collection and preservation of evidence. I Kevin Foley? 5 enmity towards Dr. Yelenic was often exhibited and passionately stated. Trooper Deana Kirkland testified that she was working with Kevin Foley on March 28 or 29, 2006, just two weeks before the Yelenic murder. They were on a prisoner transport, driving to Westmoreland County, and Foley said he ?wished that Dr. Yelenic would die or be killed' 1n a car accident? Kirkland cautioned Foley that his comment was inappropriate. According to Kirkland, Foley replied, know, but I in so frustrated, you know, with- everything. Kirkland testi?ed that Foley told her he ?prayed? that Yelenic would die. Kirkland said this was not the first time Foley told her he prayed for Yelenic 3 death In a previous conversation at the barracks, according to Kirkland, Foley said he told his mother that he prayed that Yelenic ?would just die.? When Kirkland suggested he shouldn say that, Foley responded, just can?t help it.? State Police Trooper Daniel Zenisek worked with Kevin Foley at the Indiana barracks. According to Zenisek, Foley?s expressions of ill?will toward. Dr. Yelenic were ?pretty much a daily thing.? Zenisek?testi?ed, ?He (Foley) never said a good thing (about Yelenic). It was just every day, this and that, you know, he is this, he is that. He is'a child molester, a piece of shit. It gotto the point where, hey, Kevin how you doing, I hate this guy, you know.? On one occasion, Foley was disparaging Yelenic in the PSP patrol room. According to Zenisek, Foley ?said he would like to kill the cocksucker? and asked Zenisek if he would like to help. At the time, Zenisek said he did not take the comment seriously, however, he added, ?He (Foley).had an extremely deep hatred for the man (Yelenic).? a: State Police troopers who worked with Foley testi?ed that he habitually played with knives. Trooper James Fry-testified that Foley ?seemed to enjoy the knife? mean, it was not I uncommon to see him walking up the hall to you, you know, and he just had that knife out, ?icking it open, you know, open/close, openlclose, open/close, open/close. Even at roll call, he sits over there and open/close, open/close, open/Clo 36. It wasn uncommon.? Fry recalled an incident where Foley was, as usual, ?flicking that knife around? and cut Fry?s pants in the groin area. Fry testi?ed, ?He like, come up, ?icked it open, and like slashed it back and forth. But I mean, it caught me right in the groin, and I jumped back.? I Troop er Daniel Zenisek corroborated ry? testimony about Foley? 3 fascination with knives. Zenisek testified, ?He (Foley) would just pull it out, ?ip it around, screw with his fingernails. He was always ?ddling it. I don?t know if it was a nervous habit or what, but he was always ?ddling with it. .Just always playing with that knife, liked to play with that knife.? Both Fry and Zenisek noticed that after Dr. Yelenic was murdered, Foley stepped playing with his knife. Fry recalled Foley playing with his knife as late as April, 2006, but ?after the homicide, I never once recall seeing him with the knife, with the knife cut, or playing with the knife.? Zenisek testified, likewise, that-he never saw Foley playing with a knife after Yelenic?s body was found Evidence collected by the Grand Jury also established that Foley, who repeatedly expressed - his hatred of Dr. Yelenic, drove near the victim? 3 house near the time the murder occurred. Foley played in an ice hockey game at the Center Ice Arena located off SR. 22 in Salem Township near Delmont, PA, on April 12, 2006. He arrived at the hockey arena at approximately 10:30 pm. He played in the hockey game and left the arena at approximately midnight. A number of other - participants in the hockey game were interviewed by State Police Investigators and did not observe Foley with any injuries. None of the other participants at the game knew of anyone receiving any injuries during the game. At the time of Dr. Yelenic? murder, Foley owned and operated a two-tone red Ford Explorer with tan-colored trim which outlined the vehicles wheel wells and the bottom of the vehicle. Foley resided just outside of Indiana Borough in Indiana County. The most expedient route of travel from the Center Ice Arena to Indiana would be to travel east on .R. 22 after leavingThe Center Ice Arena and then travel north'on SR. 119 to Indiana. SR. 22 travels through the municipality of New Alexandria, PA. Surveillance video from a business in New Alexandria, PA depicts a vehicle resembling that owned by Foley at the time traveling east on SR. 22 at approximately 12:18 am. on April 13th. Surveillance video of a business in Blairsville borough located at the corners of Walnut and Market Streets depicts a vehicle resembling the Ford Explorer oWned by Foley?traveling north on Walnut Street and then turnng east onto Market Street at approximately 1:48 am. on April 13, 2006. This is within the period of time when Dr. Yelenic?s neighbors heard the disturbance coming ?om . . the vicinity of the victim residence. The vehicle depicted on the surveillance video ?om the Blairsville business would have been - traveling from a location in the vicinity of the victirn? residence as described above. The path the vehicle depicted on the surveillance video ?om the Blairsville business was traveling, was in the direction of S.R. 119. Foley was observed to have an injury above his left after the murder of Dr. Yelenic. Blairsville police of?cer Jill Gaston accompanied the Indiana County Deputy Coroner to Foley 3 home the night of April 13,2006. Of?cer Gaston testified, ?Above his (Foley 5) left was, approximately, a one?inch long gash that Was red and swollen, and then there was another little scratch below the left eye.? She described Foley?s wound as ?fairly fresh. Foley 3 fellow troopers also observed this injury to Foley?s face the day Dr. Yelenic body was discovered. Trooper Deana Kirkland, who worked with Foley on a daily basis, testified that she did not see any injury to Foley?s face on April 12, 2006. On April 13, 2006, however, she saw an abrasion above Foley?s left eyebrow. Trooper Robert Worcester who played hockey with Foley on April 12,2006, testified he saw no injury to Foley when they left, separately, after the game. The next day, Worcester noticed a one to two inch scratch on Foley 5 face. Worcester testi?ed, ?It was above, I beheve his left eye. It was like a half-moon, half-circle, maybe like above the nose over the eyebrow.? A search of the Foley/Yelenic residence was conducted by State Police investigators on October 11, 2006. A hockey equipment gear bag was seized in that search and secured in the secure evidence holding facility located at the State Police Barracks in Greensburg PA. Kevin Foley was served a Investigating Grand Jury subpoena on June 8, 2007, requiring him to produce any and all hockey equipment bags in Foley? 3 possession at the time of Dr. Yelenic?s murder. Foley? 3 response, through his legal counsel, was that the State Police already had his hockey bag. A co~worker of Kevin Foley?s who is stationed at the State Police Indiana Barracks has been interviewed regarding the hockey bag of Kevin Foley. This individual advised- that he used to play hockey and has since quit playing due to time constraints. He advised that when he quit playing hockey Foley approached him and asked if he could purchase his hockey equipment. This individual agreed and did sell mo st of his hockey equipment to Kevin Foley, including aho ckey equipment bag. This individual also indicated that he could absolutely recognize the bag he sold to Kevin Foley because of the individual additions he had made to the bag. On May 10, 2007 this . individual was shown the hockey bag secured in evidence at the State Police barracks in Greensburg. This individual, without hesitation, indicated that the bag 1n evidence was not the . bag he had sold Kevin Foley. I State Police Corporal Gardner learned through his investigation that Foley was an avid runner and wore ASICS running shoes. Additionally, it has been discovered through investigation that Kevin Foley purchaSed running shoes directly frornASICS for himself and others, taking advantage of a discount offered by ASICS to individuals 111 law enforcement. State Police Investigators also discovered that an order was placed to ASICS by Kevin Foley on August 12,2003 for a pair of Gel Creed TN217 running shoes, size 10. That particular style of ASICS had been discontinued. In accordance with ASICS company policy, a pair of ASICS Gel? Creed Plus TN327, size 10 running shoes, were'shipped to Kevin Foley on 08/ 1 8/03 ?om the ASICS Company. I State Police Trooper Allison Jacobs testi?ed that she is a friend and co ?worker I of Kevin Foley?s. They shared an interest in running and trained together. She testi?ed that Foley wore ASICS running shoes. - State Police Trooper Daniel Zenisek testi?ed that Foley always wore AS ICS. ?Everybody gets to know each other? 3 habits, who liked Ford trucks, what kind of beer they drink,? according to Zenisek. wore ASICS suits and sneakers. Zenisek testi?ed that he knew Foley from 1996 and that ?[p]retty much that time I-knew him to wear Aften:themurder of Dr. . Yelenic, however, Zenisek noticed that Foley began wearing NIKE running shoes. State Police investigators submitted the ?ngernail clippings obtained from the victim at the time of autopsy to The Federal Bureau of Investigation Laboratory Division for DNA analysis. A Report of Examination, ?led by FBI DNA analyst Jerrilyn M. Conway on September 1 1, 2007 explaining her ?ndings, Was read to the Grand Jury. In particular, Conway found that an examination of the right ?ngernail yielded the presence of DNA from more than one individual. The DNA pro?les of Dr Yelenic and Kevin Foley could not be excluded as potential contributors to this mixture. Based on the applicable typing results, the probability of selecting an unrelated individual at random from a general population 13 approximately 1 in 42, 000 from the African-American population, 1 in 13, 000 in the Caucasian population, 1 in 16, 000 from the Southeastern- Hispanic- population, and in 28,000 from the Southwestern-Hispanic population. Importantly, the DNA profiles from'Dr. Yelenic and Kevin Foley can account for all of the typing results obtained from the specimen examined from Dr. Yelenic?s right ?ngernail. The victims? divorce attorney, Ef?e Alexander, Esq, informed investigators that the victim had offered to pay her money to fund an investigation in the event that he was found dead. He had expressed to his attorney that he was sure that his estranged wife, Michele Yelenic was going to have her boyfriend, Kevin Foley, kill him. The v1ct11n wanted his attorney to investigate his murder due to the fact that Michele Yelenic?s boyfriend, Kevin Foley, was a State Trouper. The victim felt that because of Kevin Foley? 3 in?uence, his murder would be covered up.