YOUNGSTOWN, Ohio - James Ferrarra believes he deserves a new trial after being convicted of the1974 murders of former GM security guard, Ben and Marilyn Marsh and their 5 year-old-daughter Heather.
Ferrarra had claimed the testimony provided at trial by Deputy Devin Fitzpatrick was tainted. In a letter to his attorney Ferrarra alleges, Fitzpatrick was sent by his supervisors to solicit information from him.
But under oath Deputy Fitzpartick told Judge R. Scott Krichbaum that never happened that the two talked while he was on the job about qualifying on fire arms, and Ferrarra's prior military service.
Ferrarra also claimed that Deputy Fitzpatrick went to his jail cell after the verdict and told him he didn't believe Ferrarra killed the victims at their Canfield home. But when questioned by Judge Scott Krichaum the corrections officer said none of that was true. He simply approached Ferrarra because he was concerned about his own safety after testifying at trial, and about the safety of others at the jail.
Attorney Tony Meranto also sought to have the guilty verdict set aside, saying the State did not establish how the finger print evidence processed at the scene had been kept and who had access for the past 39 years. Judge Scott Krichbaum also denied that request.