As of press time Friday, a jury was still deliberating on the fate of Julius C. Enoe, 32, of Reading, who was tried for the murder of Bruce L. Forker in the early morning hours of March 16, 2010 in his home in Shenandoah.
After a five-day trial in the Schuylkill County Court, the case was given to the jury at 3 p.m. Friday following a charge by Judge Jacqueline Russell.
Evidence presented by the Commonwealth was that three men came to the home, with two entering wearing masks, to rob Forker. Two of the accomplices claimed Enoe went into the home with a gun and shot Kirker in a botched burglary. Enoe took the stand and denied he even was in the borough that night and denied he shot and killed Kirker blaming his nephew, Jahmal Ollivire.
Attorney Robert J. Kirwan, II, a public defender from Reading, who was assigned to represent the defendant, Julius C. Enoe, delivered the closing remarks to the jury stating, "The Commonwealth wants you to put this man to death based on evidence filled with a bag full of lies."
The Commonwealth asked the jury to find Enoe guilty of murder in the first degree and impose the death penalty. Kirwan argued for acquittal. Kirwin referred to the Commonwealth's two key witnesses, Jahmal Ollivire, a nephew of the defendant, and Damon L. Ennett, a long time friend and also a drug dealer. Both had testified Enoe shot Bruce L. Folker during a botched robbery. Ollivire was painted as a youth who spent years in juvenile detention in New York and was taken in by Enoe six weeks before the incident. Ennet was described as a successful drug dealer who owned several expensive cars, two homes and wore expensive clothing.
Attorney Kirwan said they lied to save their own skin as both made deals with the Commonwealth to escape lifetime sentences. He maintained that Ollivire borrowed his uncle's car and drove to Schuylkill County to meet Ennett on a plan that was previously arranged between them. Kirwan claimed this was done by the large number of cell phone calls to Ennett that Olllivire made on Enoe's cell phone.
Kirwan claimed the robbery plan went wrong because Ollilvire let his temper get out of control.
"He was the type to do things on impulse," he told the jury.
He also said that both men knew how the work the legal system and do not hesitate to lie to gain an advantage. He concluded by telling the jury the type of evidence presented is not sufficient to convict Enoe.
"They didn't prove their case even close," he concluded.
Assistant District Attorney A. J. Serina closed for the Commonwealth. He told the jury its true the Commonwealth's key witnesses were "scums," but that the Commonwealth has no choice in the selection of its witnesses. Serina said the Commonwealth produced sufficient evidence which shows that Enoe pulled the gun.
He held it to Forker's head and asked where is the money and then pulled the trigger. Serina said Enoe claimed he did not know Forker or where he lived but Ennett had testified that Enoe was with him on a number of occasions when they came to Shenandoah and he sold drugs to Forker who distributed in the Shenandoah area. Serina told the jury three men came to Shenandoah on March 20, 2010 to commit a burglary and robbery and not just two and in the commission of robbery Forker was shot to death.
"The Commonwealth presented sufficient evidence to bring in a guilty verdict," Serina stated.