Monday, November 6
After two full days of deliberations, the jury delivered a mixed verdict regarding the Kaitlyn Conley retrial. Jurors found Conley not guilty of second degree murder, but found her guilty of the lesser included charge, manslaughter in the first degree.
This unanimous decision came just two hours after jurors sent a note to the judge, telling him they were deadlocked, but were sent back to continue deliberations.
"I don't think there was any circumstantial evidence to show that she actually poisoned Mary Yoder. So I think that the jury compromised and I think that their verdict was not a just verdict," said defense attorney Frank Policelli.
"I think they really worked hard. I think they really spent time going over the evidence, thankfully. I think it was an excellent verdict and I'm very happy with it. I know the family's very happy with it," said Assistant District Attorney Laurie Lisi.
Prosecutors and investigators from the Oneida County Sheriff's Office say they never stopped searching for the truth in this case, even after the first trial. They say the backup of Conley's phone from August 2015 wasn't discovered on Adam Yoder's laptop until a few months ago. It was there they found screenshots Conley had taken of articles she was researching. Some were titled “Why is Thallium the Poison of Choice for Poisoners and Terrorists” and “Some of the World’s Most Toxic Substances.”
Despite all of the evidence presented, Policelli believes the prosecution never connected Conley to the crime itself. Computer evidence showed Conley's devices were used to purchase the toxin, but Policelli says there was no proof of intent to murder, or seriously harm.
Conley's defense says it fully intends to appeal the jury's decision. Conley will be sentenced January 11. She could face up to 25 years in prison.
Friday, November 3
Friday was the first full day of jury deliberations in the Kaitlyn Conley murder retrial, but the jury spent most of the day in the courtroom.
After only 30 minutes of deliberating, the jury sent out a lengthy note. Per their requests, the judge reread the charges of second degree murder and first degree manslaughter.
Jurors were also provided all of the physical evidence. In addition, they re-watched portions of two videotaped interviews police conducted with Conley and listened to portions of testimony from the victim’s son and husband, as well as a doctor from the Upstate Poison Center.
Jurors will return Monday morning to continue their deliberations.
Thursday, November 2
Attorneys presented their closing arguments Thursday, and the jury has a lot to consider as they begin their deliberations.
The defense began the day, giving a 90-minute summation -- while the prosecution spoke for about three hours, providing a detailed look at all the evidence they’ve presented.
It's the prosecution's belief that Conley is the only viable suspect in the case. They say she bought the deadly toxin online and used it to kill Mary Yoder.
A majority of evidence in the prosecution's case was recovered from electronic devices Conley regularly used. The data proved those devices were used to buy the colchicine and also do research about the world's deadliest toxins.
However, the defense says this evidence doesn’t directly connect Conley to the crime.
"It was her credit card that was used to get the colchicine, that was used to kill Mary Yoder. Whoa, whoa, give me a break here. Used to kill Mary Yoder how, when, where? Circumstantial evidence," said defense attorney Frank Policelli.
The defense claims the victim's son and Conley's ex-boyfriend, Adam Yoder, is a much better suspect. They attempted to destroy his credibility by highlighting his alcohol use, fits of rage and alleged abusive behavior toward Conley.
They say Conley had no reason to kill Mary, but the prosecution disagrees. They believe she wanted revenge against Adam.
"Hurting somebody by hurting who and what they love and making them live with the guilt that it is they, who brought that wrath down upon an innocent loved one who became collateral damage," said Assistant District Attorney Michael Coluzza.
Judge Michael Dwyer charged the jury late Thursday afternoon, instructing them to consider two possible charges: second degree murder or a lesser charge of manslaughter in the first degree.
Wednesday, November 1
Wednesday was the final day of testimony in the Kaitlyn Conley retrial. Closing arguments will be heard Thursday morning.
More than 40 different witnesses took the stand over the last few weeks. While Conley may not have been one of them, the jury still heard from her, through videotaped interviews with police.
Lieutenant Robert Nelson was the prosecution’s final witness. He played a role in interviewing Conley in February 2016.
During the interview, Nelson repeatedly brought up computer evidence that was stacked against her. He said he knew the who, what, when and where; all he needed was the why. At one point, Conley began to cry and dry heave. She told Nelson that she had no reason to kill Mary.
"I have a good life. I have people who love me. I want to be a mom someday. I wouldn't risk my life for this," said Conley.
After the prosecution rested, the defense had a few witnesses to call. All three testified about interactions they had with Adam Yoder. Yoder is the victim's son and Conley's ex-boyfriend.
The defense has claimed from the beginning that Adam is the person responsible, saying he and his mother purchased the colchicine to grow marijuana. But that claim wasn't corroborated during the trial, other than defense witness Ariel Murphy, who could only talk about a single marijuana plant Adam was allegedly growing in 2010. During cross examination, the prosecution questioned Murphy's story by asking if she was aware that live marijuana leaves cannot be smoked.
On Wednesday, the prosecution made a motion to drop the two counts of falsifying business records against Conley. They also mentioned that they will be asking the jury to consider a lesser charge of manslaughter.
Monday, October 30
Computer forensics expert Anthony Martino wrapped up a third day of testimony in the Kaitlyn Conley murder retrial.
Martino said there were only three devices that showed any evidence of the "MrAdamYoder1990" GMail account, which was used to order the toxin, and searches relating to poisons: Conley's iPhone, a backup of her iPhone found on Adam Yoder's laptop, and the computer Conley typically used at work.
Adam Yoder is the victim's son, who was also in a relationship with Conley. The defense has been pointing to him as the real killer.
Due to scheduling conflicts, the defense called its first two witnesses Monday. Earlier in the trial, Yoder testified that the gloves, goggles and paper masks found during the police search of his vehicle, were purchased to do repairs on his Jeep. But two men, one who was a friend of Yoder's, testified when they examined his vehicle in March 2016, there was no evidence any parts had been replaced under the vehicle. Yoder’s friend, Jack Burns, said he’d never known him to do work on his car or have much knowledge about vehicles.
The judge says two more prosecution witnesses need to testify before the defense presents its case. Closing arguments are scheduled to take place this Thursday.
Friday, October 27
A full day of detailed computer forensic testimony was heard Friday by the jury in the Kaitlyn Conley re-trial.
Computer forensics expert and director of the Northeast Cyber Forensics Center at Utica College, Anthony Martino, spent the entire day on the stand and will be returning again Monday.
Martino analyzed nearly 30 electronic devices in this case. Most of the items failed to provide anything of evidentiary value. But Martino did recover evidence from the front desk computer at Chiropractic Family Care, which was Conley’s workstation, as well as her iPhone.
Martino found evidence that the Gmail account used to order the toxin, MrAdamYoder1990, was accessed on the office computer. He also found artifacts of web searches for several types of toxins, including thallium, arsenic, cyanide and colchicine.
In addition, data pulled from Conley's iPhone showed emails were sent from Conley's Utica College email to the MrAdamYoder1990 account in January 2015.
Martino also found a backup for Conley’s iPhone on Adam Yoder’s laptop. That backup was from August 2015. During his analysis of the backup, Martino found a text message conversation between Yoder and Conley regarding an alleged assault. Conley accused Yoder of raping, choking and threatening her in July 2014. Martino says several photos were sent from Conley’s phone to Yoder showing bruised body parts, but Martino says those photos were not taken around the time of the alleged assault. Some of the photos were captured in November 2013, others in November 2014.
Thursday, October 26
Testimony continued for a ninth day in the Kaitlyn Conley murder trial.
On Thursday, the jury continued to hear from the defendant herself, through a videotaped interview. The first part of that video was played Wednesday.
Lieutenant Robert Nelson, who oversaw the investigation, took over the interview after he believed Conley wasn't being honest. Nelson questioned her about the "MrAdamYoder1990" GMail account, which was used to purchase the colchicine, eventually getting her to admit she had accessed the account from her phone. Conley told Nelson during the interview that she wanted to help, but was afraid of being entirely truthful.
Lt. Nelson said, "You're giving us more and more each time," to which Conley replied, "I'm trying to help you."
"I understand that, and I want you to help us, but again you have to understand where we're coming from," Nelson said. "You haven't been totally truthful with us all this time, right?"
"Yes, but you're also not sitting here and you're not connected to it like I am," Conley replied.
Also on the stand: A forensic scientist from the New York State Police lab testified that Conley's DNA was found on the cardboard sleeve, which surrounded the colchicine bottle found in Adam Yoder's vehicle.
Testimony on the case's computer evidence also began. That will continue Friday.
Wednesday, October 25
It was another emotional day in court Wednesday, as family members of Kaitlyn Conley stepped out of the courtroom while watching her videotaped interrogation.
Investigator Mark VanNamee returned to the stand to talk about the three interviews he conducted with Conley. The prosecution highlighted several times when Conley changed her story with police.
Here are some examples:
- Conley claimed she had never heard of the GMail account "MrAdamYoder1990," which is associated with the purchase of the colchicine. But during her third interview, she changed her story by saying she'd seen Adam Yoder log into that account on a computer at Chiropractic Family Care.
- Conley initially said she had never heard of colchicine before, but later said she heard the term from Adam. Conley claims he asked her how he might be able to get some.
Up until December 21, 2015, VanNamee says Conley was a witness in the case. He testified he was hoping to use Conley as their eyes and ears within the chiropractic office and Yoder family. But she quickly became a person of interest after admitting to writing the anonymous letters, which blamed Adam for the crime.
Conley and her family became visibly upset in the courtroom when Conley was asked, in the video, if she was mad at Adam for allegedly raping her in 2014. Conley said no, but that she was afraid of Adam and believed he was trying to pin his mother's death on her.
Tuesday, October 24
More than 30 witnesses have now taken the stand in the Kaitlyn Conley murder retrial.
On Tuesday, several witnesses testified about the sale of the toxin that killed Mary Yoder, including Rosa Vargas, the customer service representative who interacted one-on-one with the person who bought the colchicine.
The toxin was bought in the name of Adam Yoder/”Chiro” Family Care, using a MrAdamYoder1990 GMail account to communicate back and forth. Vargas says she spoke with someone over the phone about the order, twice - describing the person as having a soft, female voice.
Also on the stand was Kurt Schultz, the public defender who advised the victim's son, Adam Yoder, to allow investigators to search his Jeep.
Last trial, Yoder waived his attorney-client privilege, giving Schultz the freedom to speak about their conversations. Schultz was informed by Investigator VanNamee that they wanted to look for a “shipping container.” Schultz said Yoder wasn't worried about a container being found in his Jeep, but did express other concerns.
"He was adamant that his father did not do this, could not have done this. He was concerned that an ex-girlfriend hated him and possibly planted marijuana in his vehicle," said Schultz.
Another witness involved in the sale of the colchicine testified about safety warnings their company provides to customers about the toxin. They recommend users have eye and respiratory protection, as well as gloves -- all items that were found in Adam Yoder's vehicle.
During Adam Yoder’s testimony Monday, he talked about a bottle of supplements called "Alpha Brain," which was gifted to him by Conley. He said he took a total of 3 capsules, and became extremely ill the day after taking some of them. On Tuesday, a chemist who tested several pieces of evidence in this case, testified that no colchicine was found in the "Alpha Brain" supplements he tested, but said there were only two capsules missing from the bottle when he received them.
Monday, October 23
Adam Yoder, Mary Yoder's son and Kaitlyn Conley's boyfriend, took the stand in Conley's murder retrial.
Yoder was on the stand the entire day Monday. The defense has been trying to point the blame at him for poisoning Mary Yoder.
In light of the defense’s claims against Yoder, the prosecution asked Yoder about certain events they didn’t bring up during the first trial.
The first claim was in 2014. Conley accused Yoder of raping, choking and threatening her. According to text messages between the two, Conley didn’t confront him about until months after the fact. Yoder says he doesn’t remember the events of that night because he was black-out drunk, but never saw any signs of abuse on Conley. He eventually came to believe she had made it up.
Yoder was also asked about April 2015, when he became very ill. The day before, he took two supplement capsules, which Conley had gifted him. Yoder says his symptoms were very similar to what his mother experienced before she died. There was no testimony directly linking the supplements to Yoder’s illness.
Prosecutors also asked him about items that were found by investigators in his Jeep. In addition to the bottle of colchicine, police found fabric gloves, goggles and a mask. Yoder says he bought those items while making repairs on his vehicle.
"Gloves were to protect my hands, trying not to get them dirty. The safety goggles were because it was a rusty 1991 Jeep and I didn't want flakes of rust falling into my eyes," said Yoder.
Yoder says he'd never seen the colchicine bottle prior to that date.
The defense attempted to damage Yoder's credibility by highlighting his and Conley's toxic relationship, as well as his many financial troubles.
During opening statements, the defense claimed Adam Yoder purchased the colchicine along with his mother, to grow marijuana to help pay off his debts. However, the defense never questioned Yoder about those claims while on the stand Monday.
Friday, October 20
Investigators took the stand in the Kaitlyn Conley murder retrial.
Early Friday, investigators talked about items confiscated from Yoder's chiropractic office, where Conley also worked.
Month's after Yoder's death, the Onondaga County Medical Examiner's Office and the Oneida County Sheriff's Office received identical anonymous letters.
Along with electronics, an investigator on the stand said they also collected torn up envelopes in the trash, which they say were the same as those used to send the letters.
“Onondaga County, Onondaga, and Elizabeth” were written in several different ways and fonts on the torn envelopes.
On cross-examination, the defense asked why the office wasn't investigated until six months after the crime. Attorney Frank Policelli said, several people would have been in and out of the office in that time, including the victim's son, Adam.
Policelli also asked why the investigator didn't secure all the garbage in Adam Yoder's vehicle. Investigators also said they found fabric gloves, a dust mask and goggles, but those were never taken into evidence either. The case's lead investigator, Mark VanNamee testified Friday that when he interviewed Adam Yoder about the items, he said he didn't think they were relevant to the case.
VanNamee also testified about a Google account -- MrAdamYoder1990@gmail.com -- that was used to purchase colchicine (the toxin found in Mary Yoder's system). The Google account was accessed by Conley's cell phone, at her home and the chiropractic office, he said.
VanNamee is expected to return to the stand later to testify about the interviews conducted with Conley.
Thursday, October 19
Five more witnesses took the stand Thursday in the Kaitlyn Conley murder re-trial, including the medical examiner and the toxicologist who determined Mary Yoder’s cause of death was colchicine toxicity. Yoder was Conley's boss at a chiropractic office.
Conley's new defense attorney is pivoting where they are pointing blame. In the first trial, attorney Christopher Pelli attempted to accuse the victim’s husband of committing the crime. But this time around, Conley’s new attorney is targeting the victim’s son, Adam.
Months after Mary Yoder's death, identical anonymous letters were sent to the Onondaga County Medical Examiner's Office, as well as the Oneida County Sheriff's Office. Conley eventually admitted to writing the letter, which accuses Adam of the crime. The contents of this letter will have much more significance in the defense’s case this time around.
The letter read:
“Please forward to acting investigators. I know police are currently looking into this death, but I don’t know where to send this information.
This is in regard to the July 22, 2015 death of Mary Yoder in Utica, NY. If the toxin found in her was colchicine, Adam Yoder, her son is responsible. He told me he did and moreover he told me how and where he put the rest of the toxin.
It was already odd Adam drove back so early the day of her death, arriving in Utica around 6:30am, meaning he left Long Island very early morning because she wasn’t in grave condition then. It’s weird he’d drive down to Long Island and then go back North in the middle of the night, especially since he’d been so standoff-ish and just mean to her, telling her he functioned better by not seeing or talking to her. He felt she was unfair to him and he resented that, she should have helped him more.
When I saw him a couple days ago, he appeared agitated and said he was the reason for her death and he wished he could take that back. Then he said he got a bottle of colchicine off online and put the toxin in one of her vitamins when he was over at his parent's house. He said his mom noticed he seemed disturbed at the time and she thought it was since he was drinking at their house. Adam said he told her no, the beer was not the reason he was disturbed and to drop it. He said he apologized to his parents for ruining the holiday, Father’s Day, and left.
Adam was upset people we’re paying more attention to him. He felt he deserved more attention and he thought people be nicer to him. He acted resentful and belligerent to his immediate family and became visibly irritated. People kept talking about his mom. He says he expected a financial payout after her death, which did not come. After he found out he was not getting the money he thought he would, he said he regretted what he did, was hysterical and he didn’t know what he was going to do, but he had ideas.
He said now the colchicine container is under the front seat passenger side of his Jeep. That’s where he said it was until he figures out where to put it, or dispose of it next. I asked him to show me where he kept it currently and said no, but described it as a small glass bottle. He has a black Jeep Wrangler, 1991 model. He lives at 2735 Welshbush Road, Frankfort, NY and attending SUNY Polytechnic in Utica, NY.
I’m sending this anonymously because I can’t keep this information. It is right to alert authorities, but it’s still hard to do. I fear attaching my name to this information right now. I’m very close to him, but what he did was wrong and I believe he would be capable of repeating this type of act. To add credibility to this, Mary Yoder got sick two days before she passed away suddenly. The cause of her death was not released and initially medical exam reports were inconclusive (but I now suspect colchicine poisoning from her son). And her symptoms were sudden onset abdominal pain, nausea and diarrhea. She was admitted Tuesday to the hospital and died Wednesday afternoon after repeated failed attempts to start her heart.
Adam’s monetary concerns are suspect because he is struggling financially and supported somewhat by his parents’ assistance. Colchicine is a very specific name and the name of the toxin found in Mary Yoder was not released, so if they are one in the same it’s not a coincidence. After he related to me the information about where the specific toxin is and included details, I feel this is necessary for appropriate authorities to pursue this.”
All of the supplements Mary Yoder’s were collected by her husband, William Yoder, and given to the medical examiner’s office for testing. Colchicine, which was found in her system, was not found in any of the containers.
Based on the contents of the letter, police searched Adam Yoder's vehicle. The colchicine bottle and receipt were found under his passenger seat. More testimony about the police's investigation will be heard Friday.
Wednesday, October 18
Kaitlyn Conley, a young Sauquoit woman accused of killing her employer while working as a receptionist in a chiropractic office, listened on as the husband of the victim testified. William Yoder was the only witness this day in court.
His wife, Mary Yoder, was poisoned and died in July 2015. She was 60 years old.
William Yoder. said his wife was a very healthy woman, so her death was a complete shock. The cause of death wasn't determined by the medical examiner until months after she died. Yoder says they told very few people about the exact cause of death, including Conley.
Yoder was also shown several documents and pieces of evidence pertaining to the purchase of the toxin colchicine. Yoder says his business, Chiropractic Family Care, never purchased anything from Spectrum Chemicals or ArtChemicals. The receipt says the item was purchased by Adam Yoder and “Chiro” Family Care.
During cross-examination, the defense attempted to poke holes in William Yoder's credibility, inquiring about small differences in his testimony and statements. The defense also read text messages between William Yoder and Conley from 2015, which showed how much he trusted her, but Yoder later testified, he no longer felt the same way.
Conley's first trial ended with a hung jury.
Tuesday, October 17
Eleven people were called to the witness stand, including Liana Hegde, Mary Yoder’s oldest child, who began her testimony on Monday. Hegde recounted the days following her mother’s untimely death and led the charge to try and determine how her mother died before police began their investigation months later.
Hegde underwent intense cross-examination by defense attorney Frank Policelli, who asked a lot of questions about her brother Adam Yoder and his behavior. She also testified to gifting him thousands of dollars to help him pay some of his debts.
The defense believes Adam Yoder, also Conley's ex-boyfriend, is the one responsible for his mother’s death. It appears they are trying to taint his credibility even before he takes the witness stand.
Also to take the stand were nine chiropractic patients who were treated by Mary Yoder on July 20, 2015, the day she became ill. They said she seemed fine in the morning, but by later afternoon, Mary was not her typical, joyful self. One witness said she appeared sick and was in and out of the bathroom during her appointments, which was very rare.
Some of those patients attended Mary’s Celebration of Life Service. They were asked how William Yoder (the victim’s husband) and Adam Yoder appeared that day. One witness said she saw Adam drinking, a detail the defense wanted brought out.
Monday, October 16
Kaitlyn Conley's second trial began Monday with the defense saying it was Adam who poisoned Mary Yoder with a toxin called colchicine.
During opening statements, prosecutors said that Conley admitted to writing anonymous letters which included explicit details about the 2015 crime, blaming Adam for his mother's untimely death.
"A woman who had always been full of life. A vibrant, positive, 60-year-old woman who had just two days prior been the picture of health, was now gone," said Assistant District Attorney Laurie Lisi.
Attorneys claim electronic evidence shows Conley purchased the toxin, but defense attorney Frank Policelli, acknowledging that Mary Yoder died from died from colchicine poisoning, claimed Adam and Mary Yoder purchased the colchicine together as part of a marijuana growing operation. Policelli says Conley had no reason to kill Mary Yoder; instead, he claims Adam poisoned his mother after an argument they had on Mother's Day.
"When the police search his car on December the 8th and they find the bottle of colchicine, they aso find safety goggles, respirators and gloves, and guess what ladies and gentlemen, they don't even seize those," Policelli told the court.
Policelli says Conley wrote the letter to police anonymously, because she was terrified of Adam.
"He beat her, he'll admit to that on the witness stand, he said it in his statement on December 13th. He beat her, he hit her, he raped her, he used her, why wouldn't she be scared of him."
While the prosecution agrees that Adam may not have been a good boyfriend, Lisi said that doesn't mean he killed his mother.
"You are not here to try the breakup of Adam Yoder and Kaitlyn Conley. You are not here to determine who was more to blame for this very toxic relationship," Lisi said.