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Day three of the trial against Kenneth Richard Michaels continued Monday morning in the courtroom of Lycoming County President Judge Eric Linhardt.
Michaels, 68, is facing charges of criminal homicide and possession of a weapon for the August 2023 shooting death of his brother-in-law and former business partner, John Michael Roskowski, 72, at Cable Services, 2113 Marydale Ave., where Michaels served as CEO.
Testimony from Friday's proceedings included that of pathologist Dr. Edward Mezuchowski, who performed the autopsy on Roskowski.
Roskowski died as a result of a single gunshot wound to his abdomen, Mezuchowski told the jury.
The jury was next shown video from an Aug. 17 interview between Michaels and Lycoming Regional Police Detective Justin Segura.
Michaels described Roskowski as "a maniac" with a "very violent temper," and insisted that "everybody is scared of that guy," including his own children and other family members.
Michaels stated that he felt the need to handle the situation due to being the company's CEO.
During an Aug. 25 follow-up interview with Segura and Lycoming County Detective Steven Surage played for the jury, Michaels described himself as "the single, sole source" of Roskowski's anger since his takeover of the company.
Michaels related that although he possessed a conceal carry permit, he did not regularly carry his firearm, acknowledging that he had brought it the day of the incident due to fears that Roskowski might return.
Setting the stage for the shooting during the interrogation, Michaels recounted that after being made aware of Roskowski's presence, he removed the handgun from his desk drawer, concealed it in his pocket and made his way to the lobby, where he opened the front door in an effort to go outside and diffuse the situation.
However, according to Michaels, Roskowski pushed his way inside and continued his tirade, causing Michaels to draw his firearm and instruct the company's receptionist to call 911.
"What are you going to do, expletive shoot me," Roskowski said before quickly approaching, at which point Michaels shot Roskowski, he told police during the interrogation.
Asked why he did not speak with Roskowski through the intercom system as opposed to opening the locked front door, Michaels initially stammered a bit before relating that he had not thought to do so.
He further stated his belief that Roskowski was watching the building, waiting for him to arrive due to the fact that he showed up just minutes after Michaels' arrival around 10 a.m., when he would normally have been at work by 8 a.m.
Under cross examination by defense attorney Edward Rymza, Segura acknowledged telling Michaels that he appreciated his cooperation, but stressed that while Michaels answered his questions, he was deceptive within some of those answers.
A common thread throughout the two videos was Michaels' repeated assertions that "everyone" at the office was scared of Roskowski.
Lycoming County District Attorney Martin Wade and First Assistant District Attorney Phoebe Yates met these claims head on, calling several employees who had personal interactions with Roskowski.
None of the employees testified to having any negative interactions with Roskowski, instead describing him as "always pleasant," "jovial," among other things.
"I loved him to death," said one employee.
"He had his demons like we all do, but he was an all around good guy," she said.
"I was not afraid of Johnny. I had no reason to be," another said.
Another area Segura highlighted as Michaels being less than truthful was his insistence that all office staff were aware that Roskowski was banned from the property.
Many of the employee witnesses refuted knowing of the ban.
Roskowski had in fact been trespassed from the business following a September 2021 assault in which he struck Michaels, knocking the glasses from his face, Lycoming Regional Police Chief Christopher Kriner testified
However he continues to periodically visit the business, at times, in the presence of Michaels, the employees testified.
Roskowski received a summary charge of harassment for the incident.
Michaels again contacted Lycoming Regional Police in March 2023 following a phone call between himself and Roskowski and was asked if he would like to again have him trespassed from the premises, Kriner testified.
Michaels related that the company would consider a trespass, however none was issued.
Many of the employees present on the day of the shooting acknowledged hearing Roskowski unloading a slew of profane remarks toward Michaels.
Monday's testimony also featured that of Michaels' wife, Lynn and Roskowski's son, Adam.
"Please dispatch immediately to Cable Services or someone is going to be shot," Lynn Michaels said to a 911 operator after being made aware of the situation, she testified in court.
At the time of the incident, Lynn was vacationing in Cape May, N.J., and had to be routed from New Jersey's 911 system to Pennsylvania's, by which time emergency crews had already been dispatched.
During her interaction with 911, she indicated that Roskowski was not supposed to be on the property, she said under cross examination.
While acknowledging two prior assaults on Michaels by Roskowski, Adam testified that most interactions between the two were "handshakes and hugs."
During direct questioning by Wade, Adam, former vice president of operations, detailed the 2023 buyout of Michaels’ shares in the company.
During the previously played interrogation, Michaels referred to actions taken by "the board" to remove Roskowski as President in 2008, at which point Michaels assumed the role, relating that the board wanted management to be retained by family.
Adam clarified that the board consisted of Michaels, Lynn and Roskowski until the latter was voted off.
As part of the buyout agreement, Roskowski received $3 million in exchange for his 33% stake on the company, Adam testified.
Pressed by Wade on a then-recent appraisal of the company, Adam related the company was worth $14 million, putting the actual cost of his shares at $4.6 million.
Following the buyout, Michaels and Lynn retained 75% of the shares, with 25% being gifted to their son, Jeremy, Adam testified.
Prior to his arrival at Cable Services on the date of the incident, Roskowski had called Adam from a restricted number and left him a message, advising him that he might need a ride to pick up a truck after he got off work, the son testified.
After hearing the shot, Adam left his office, and saw Michaels standing in a waiting area.
"I shot him. He came at me and I shot him," Michaels told Adam.
Asked where he shot him, Michaels replied, "in the guts," Adam said, adding that he immediately began searching for towels to help cover the wound, before remaining by his father's side.
At no point did Michaels offer any assistance for Roskowski, Adam testified.
Adam directly contradicted several things Michaels said during his interrogation, including statement he attributed to Adam after the shooting, including "I knew it. He was upset" and "he was all amped up."
He further denied Michaels' claims that Roskowski's children or grandchildren were afraid of him.
Under cross examination by co-counsel Michael Rudinski, Adam acknowledged that Roskowski had at times received a salary of $250,000 as a way of encouraging him to not work, but added that at various times, Michaels and Lynn were also paid to not work.
The courtroom turned tense as Rudinski questioned Adam over a pending civil suit against Cable Services that he, along with five others of the Roskowski estate are named in.
"You have a vested in the outcome of this case, isn't that true," Rudinski asked.
"I think I'd much rather have my dad back," Adam responded.
"Well you do know that you stand to possibly receive $20 million," Rudinski stated.
"I don't know that. Do you know that," Adam said in response.
Regarding the September 2021 assault, Adam related being unhappy about his father's actions.
"He was acting irrational and I was upset about it," he testified.
During the assault, Roskowski had sat in a chair in front of the door, blocking Michaels' ability to exit, Adam testified.
As with the employees before, Adam rebutted Michaels' claims that "nobody had a good relation with John," Adam testified that more than 500 people attended his father's funeral, based on signatures from his guest book.
The trial is scheduled to continue at 9 a.m. Tuesday.