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[ Tuesday, Feb. 6, 2007 ]

Stab wound victim's BAC revealed

Collegian Staff Writer

The blood-alcohol content of a Penn State senior fatally stabbed last February at a downtown State College nightclub is one piece of evidence the defendant's attorney was holding out for.

And now that Michael Donahue's hospital records from the night he was stabbed were searched through again, the lawyer for defendant Josephy A. Ventura believes the information yielded only adds credibility to his client's side of the story -- he says that he acted in self-defense that night.

"Our contention is that this was a fight among young people who were drinking," said Joseph Amendola, Ventura's lawyer. "Part of the issue here is whether or not it was self-defense on Ventura's part or were his actions more consistent with a voluntary manslaughter situation," he said.

Centre County District Attorney Michael Madeira said Donahue, 22, of Drums, who died Feb. 19 in the hospital from a stab wound to the heart, had a blood-alcohol content of more than 0.15 percent.

Madeira could not give the exact number because he said he did not have access to the records as of press time yesterday.

Ventura's trial, where he will face charges of first- and third-degree murder, is currently set for June 11. As of now, his jury selection is scheduled for June 5, Amendola said.

The case has been postponed from its orginal date to allow additional time for the defense counsel to consult with experts and gather evidence, he added.

The trial was originally scheduled for March.

According to court documents, State College police said a fight sparked between Ventura and Donahue involving a woman who Ventura referred to as both his girlfriend and his wife.

Police said during that fight, Ventura stabbed Donahue with a 6 1/2-inch knife with a wooden handle and a 3-inch blade.

The stabbing, according to court documents, occurred Feb. 17 at the former Club Love, now Lulu's Nightspot, 129 1/2 Pugh St.

Amendola said that he also requested Donahue's X-rays from Madeira to assist in an investigation into the thrust of the knife into Donahue's chest, which he believes could show Ventura was acting in self-defense.

He added that once he obtains all the information he's looking for, he will most likely involve more experts.

Madeira said he is still receiving continued investigative and medical information, which he is providing to Amendola "pursuant to our ongoing discovery obligations."

Although there has been no discussion of a plea offer, Amendola said there is always a possibility of a plea agreement if the offer is "appropriate."

He added that a charge of voluntary manslaughter might fit that criterion.

However, Madeira said thaty he does not think voluntary manslaughter is appropriate to the nature of the crime.

"[Amendola] is not done jockeying to show the strength of his case," he said.

"Right now, [Ventura] is charged with first- and third-degree murders, and if we haven't made a plea offer at this point, it would be inappropriate to say what I might be willing to accept."


 

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Updated: Monday, February 05, 2007  11:44:06 PM  -4
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Created: Wednesday, May 07, 2008  6:59:35 PM  -4