Jurors return today to decide woman’s fate
Jurors began debilirations in the third-degree murder trial of a woman who allegedly caused a man’s death.
NORRISTOWN >> A Montgomery County jury deliberated more than three hours without reaching a verdict at the trial of an East Norriton woman accused of killing her 96-year-old neighbor.
Elisabeth Floyd, 35, of the 500 block of Marion Avenue, appeared calm as she left the courthouse with her fate still hanging in the balance late Wednesday. Judge Gail A. Weilheimer instructed jurors to return at 9:15 a.m. Thursday to resume deliberations.
Floyd faces charges of third-degree murder, involuntary manslaughter and aggravated assault in connection with the alleged assault that ultimately led to the death of Alfred C. Payne, who authorities said died from complications of a hip fracture he suffered during the assault.
Assistant District Attorney Meghan Carney and coprosecutor Robert Kolansky alleged Payne’s death was a direct result of Floyd’s conduct.
“The defendant attacked him and threw him to the ground,” Carney said to the jury during her closing argument.
But defense lawyer David Tornetta argued Payne’s injuries and death were the result of a fall in his driveway that was not attributable to Floyd.
“There is absolutely no motive whatsoever,” Tornetta argued. “Mr. Payne had significant health problems before this accident.”
During the trial, jurors heard directly from Payne whose sworn testimony was recorded three weeks before his death. Payne was adamant that “the neighbor girl across the street” assaulted him on his driveway as he went outside to retrieve his morning newspaper.
Jurors appeared riveted as Payne’s image was displayed on a large projection screen in the courtroom and they watched the testimony that was recorded Jan. 29, 2016, at The Meadows at Shannondell where Payne had been recuperating after the alleged Sept. 21, 2015, assault.
Payne, who proudly testified he was a World War II veteran, died on Feb. 19, 2016.
“It’s very rare in a homicide case that you hear from the victim,” Carney argued to jurors. “Mr. Payne has been consistent through and through. He has no motive to lie.”
Payne, testimony revealed, consistently told paramedics, detectives and the doctors who treated him that his neighbor assaulted him.
On May 31, 2016, three months after Payne died, a forensic pathologist who reviewed autopsy reports and Payne’s medical records, provided an opinion that the cause of Payne’s death “was failure to thrive due to complications of hip fracture” and the manner of death was ruled homicide.
“That was the start of the chain of events that led directly to his death,” Carney argued, referring to the beating.
But Floyd, an Air Force veteran who had medical training after spending time in Afghanistan and Iraq, testified she observed Payne lying on his driveway and went to render aid. “I panicked. I freaked out. I thought it was a dead body in the driveway. I thought it was an emergency situation and that I needed to get over there as fast as I could to save this man’s life,” Floyd told jurors, adamantly denying that she attacked Payne.
Referring to medical records, Tornetta suggested Payne had numerous medical problems and previously suffered bouts of dizziness and fainting. Tornetta also implied Payne could have concocted the beating story to hide the fact he fell, fearing his family would place him in a nursing home.
But Payne’s children testified their father hadn’t suffered fainting spells since he was fitted with a pacemaker in 2007.
Relatives testified Payne was very “independent” and that there had been no discussions about moving Payne to a nursing home. They also testified Payne was an honest man who would have revealed if he had simply fallen.
An investigation began about 7:35 a.m. when East Norriton police responded to Payne’s Marion Avenue home for a report of an injured person. Plymouth Ambulance personnel also responded and found Payne lying on the driveway of his home with visible injuries to his right arm and face. A walker that Payne routinely used was found near him, county Detective John Wittenberger and East Norriton Detective Anthony Caso alleged in the arrest affidavit.
Floyd’s husband, Kelly, testified he did not see Payne fall but went outside and observed his wife, topless, on the ground with Payne. Kelly Floyd testified he assumed Payne had fallen.
Elisabeth Floyd testified she was topless because she had taken her top off after it got wet while cleaning dishes at the sink that morning.
Floyd’s husband did not refute that he told arriving police that he heard his wife screaming and “expected the worst,” knowing his wife was not in the house and being aware of her “recent behavioral changes.”
Testimony revealed that in previously filed divorce papers Kelly Floyd claimed his wife “regularly has uncontrollable outbursts” and “acts unstable.” Testimony revealed Kelly did not go through with the divorce.
Floyd’s mother-in-law, Luisa Floyd, who lives next door to the couple, also ran to Payne’s driveway after hearing screams. According to testimony, Luisa Floyd told arriving paramedics, “She freaked out. She just got back from the war.”
“It’s a glimpse of who the defendant was that
day,” said Carney, who under law did not have to present a motive. “We may not know exactly what her reasoning was. She’s prone to ‘uncontrollable outbursts.’ Mr. Payne was her focus that day.”
Testimony revealed Floyd, after going home to put on clothes, returned to the driveway holding a vase of flowers and approached
the ambulance while paramedics were attending to Payne. At that time, Floyd allegedly stated, “I am sorry I hurt him,” according to testimony.
Floyd testified her comment was taken out of context and that she presented the flowers as “a neighborly gesture” to show compassion to Payne’s family, “to show that I cared and that I was concerned for their loved one.”
None of the witnesses, including Floyd’s husband and mother-in-law, could
recall observing Floyd providing any specific medical attention to Payne.
Payne was transported to Einstein Medical Center where it was determined he was suffering from a hip fracture for which he underwent surgery. On Sept. 25, authorities initially charged Floyd with aggravated and simple assault and harassment in connection with the alleged attack.
After Payne died at an extended care facility authorities filed the murder-related charges against Floyd.