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Local Roundup: Tyler Faux scores 42 points in Tunkhannock boys basketball win

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Making friends

<p>WILKES-BARRE &#8212; An attorney representing Lamont Cherry, who was convicted by a Luzerne County jury in 2011 in the death of a 1-year-old girl, is seeking to have a forensic pathologist read a 2017 study about children&#8217;s skull fractures.</p><p>Only Dr. Samuel Land won&#8217;t read and give his expert opinion without being compensated at $375 per hour, Attorney Cheryl J. Sturm said Monday.</p><p>Sturm told Judge Tina Polachek Gartley she issued Land a subpoena to appear in court to testify.</p><p>&#8220;The only response I got was asking for money,&#8221; Sturm said.</p><p>A jury in October 2011 convicted Cherry of third-degree murder for causing the death of Zalayia McCloe. He was sentenced to 20-to-40 years in state prison.</p><p>McCloe was found unresponsive inside her mother&#8217;s residence on Carlisle Street, Wilkes-Barre, on May 29, 2009. McCloe was initially treated at Geisinger Wyoming Valley and flown to the Janet Weiss Children&#8217;s Hospital in Danville where she died two days later.</p><p>Prosecutors said Cherry violently shook McCloe causing her death while she was in his care. Cherry was the only person with McCloe when she was injured as her mother was submitting job applications, prosecutors said.</p><p>Cherry, 45, maintains his innocence, Sturm said Monday, claiming the toddler fell down stairs and struck the back of her head on a barbell at the bottom of stairs while he was putting clothes away in a bedroom.</p><p>Land testified during Cherry&#8217;s first trial held in January 2011 when he was found not guilty of first-degree murder, which eliminated any chance at prosecutors seeking the death penalty or life in prison for Cherry. He was re-tried on the third-degree murder charge after Polachek-Gartley ruled a mistrial after a juror conducted independent research about retinal detachment and brought in printouts of her research for other jurors to review.</p><p>Land, who performed the autopsy on McCloe, testified the toddler&#8217;s injuries were caused by blunt force trauma and her death was ruled a homicide. Land told jurors during the January 2011 trial that McCloe&#8217;s injuries were not caused by an accidental fall, noting torn muscles and ligaments in the toddler&#8217;s neck were caused by a whiplash-like injury.</p><p>Sturm wants Land to review the 2017 study, which she calls &#8220;new evidence,&#8221; to determine if his opinion would change. The study reflects children&#8217;s skull fractures suffered in short falls, Sturm said.</p><p>Sturm said Land is refusing to read and offer his opinion unless he is compensated. Because Land was called as an expert witness for prosecutors, Land should be liable to read the 2017 study without compensation, Sturm believes.</p><p>First Assistant District Attorney Sam Sanguedolce called Sturm&#8217;s request &#8220;a stretch.&#8221;</p><p>&#8220;Short falls normally don&#8217;t cause serious injuries,&#8221; Sanguedolce said. &#8220;This (2017) study was something that was offered after trial.&#8221;</p><p>Sanguedolce said another hearing will have to be held to argue the merits of whether the 2017 study can be used by Cherry in his latest appeal.</p><p>Polachek Gartley said she will issue a decision at a later date.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2018/12/web1_Lamont-Cherry-DOC-10292018.jpg">
<div class="neCaption">Cherry </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/12/web1_Lamont-Cherry-DOC-10292018.jpg</photo0><caption0>Cherry </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p></bylineMeta></div>

Expert won’t read new study unless paid in homicide appeal, attorney says