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Electric testimony given at murder trial

The ex-girlfriend of a Lansford man charged with killing his estranged wife, told a Carbon County jury that he once remarked that the only way he was going to get out of his marriage is by killing her.

That electric testimony occurred during the trial of Ernest Troy Freeby, 36, charged with criminal homicide and tampering with evidence in the death of Edwina Atieno Onyango, 34. State police charged that Freeby killed Onyango, a native of Kenya, in the basement of his home at 207 W. Bertsch St. on Dec. 9, 2007, and disposing of her body.Julianne Frances Snearly, now of Whitehall, lived with Freeby in Lansford for several years and had three boys with him. The relationship was ongoing while Freeby was married to Onyango.Snearly told the panel she is no longer with Freeby and is living with her mother in Whitehall and has custody of the three boys.Snearly, during the course of her testimony, said she was with Freeby going to Lansford after visiting with her parents in Whitehall. She said she was asking Freeby about getting married.She said Freeby told her that he could not divorce Onyango because she was in the process of getting her green card.Snearly said Freeby then said to her that the only way he was going to get rid of her (Onyango) was by killing her.When asked by District Attorney Gary F. Dobias if she ever told police about the statement during the course of the investigation of the disappearance, she said no because she didn't take it serious. But she added, "I never forgot it."She also testified that she knew Freeby had told Onyango that the three kids they had together were his nephews.She also said she knew Freeby painted the steps of his basement on Jan. 15, 2008, because she was in the hospital at the time having their third child. She also said at the time Freeby's mother, Patricia Gordon, had moved out of the house.She said on Dec. 9, 2007, when Onyango came to the house, she had left early in the morning and did not see her but was told by Freeby he expected her to come to the house. She said she returned later and said Freeby's mother came to the house about 8 p.m. that day.Other testimonyOther testimony given Friday included the following:• Cpl. Shawn Williams, of the state police, testified he did an activity check on the credit cards issued to Onyango. He said prior to Dec. 9, 2007, there were 160 transactions on the accounts over the years, all occurring in the Lehigh Valley area. He said after Dec. 9 the transactions all occurred in the Carbon County area.Williams also testified he was at the Freeby home when a second search was conduct. He said in speaking with Freeby the defendant told him he had received a birthday card from Onyango about two weeks prior. Williams said he asked Freeby to see the card stating it was important in the case. If it came from Onyango the card and envelope could be checked for DNA, and the date it was mailed could be determined through the postal service.He said Freeby refused to give him the card and said he probably threw the envelope away. Williams said he also asked Freeby if Onyango signed the card. Freeby said there was a signature but he didn't think it was hers because it was "too sloppy."Williams also asked Freeby about the blood found in the coal bin of the basement. Freeby told the trooper he doubted it was Onyango's and added he never saw blood in his basement.Williams said he interviewed Freeby again on Aug. 7, 2008, and again asked him about the envelopes at the Sneary residence in Whitehall. Williams said he and Cpl. Thomas McAndrew went to the Sneary home to get some financial information from Julianne Sneary. He said when they arrived Sneary told them Freeby was asleep inside and she would get him.Williams said Freeby was asked again about the envelopes and he said the defendant indicated he did not have them with him.He said when he told Freeby the blood found in the basement of the his home was that of Onyango, the defendant became extremely agitated and said he did not want to talk about it.Williams said Freeby then told the troopers to leave and made an off-color remark. Williams said Sneary and her parents both told Freeby not to speak like that. The trooper also said he told Freeby he had no right to order them out of the home because it was not his. At that point Freeby told Sneary she should take him home to Lansford.Prior to that Williams said when Freeby first got up he walked outside and then returned to the kitchen area with a tape recorder. He said he wanted to record their conversation.Williams said he told Freeby he could record the conversation but that the troopers were going to take the recorder and have it transcribed and would give him a copy. He said Freeby then said he would not use the recorder.• Collen Kumar, a forensic specialist with the New Jersey state police, testified about receiving two pieces of hair from Pennsylvania state police that they wanted to see if a DNA profile could be found on any of them. Prior testimony indicated Pennsylvania state police could not find any DNA profile because the pieces of hair were too small for their method of determining DNA. Testimony also revealed that the Federal Bureau of Investigation (FBI) had the ability to conduct the type of DNA testing that could find DNA on the hair, if any was present.The prior testimony indicated the state police send hairs to the New Jersey facility that the FBI used for such testing.Kumar said she tested the hairs and was able to extract a DNA sample from the one hair which was found in the coal bin of the Freeby home. She said her test results and all the materials tested were later sent to the Unversity of North Texas, for further anaylsis. It has been indicated an expert from the university will testify next week about his findings.• Trooper William Maynard, one of the two lead investigators in the case, testified to interviews he conducted with Freeby.He said on Jan. 17, 2007, during the initial search of the Freeby home he said the defendant told him Onyango was at his home on Dec. 9, 2007, with another black woman, who he did not know or ever talked to that day.Freeby told Maynard Onyango was at the home for about two and a half hours. Freeby said Oynango was there about a phone bill and to let her Dodge Neon with him as she was planning to purchase a new vehicle.On April 10, 2008, Maynard again met with Freeby at his home. He said he questioned Freeby about correspondence he said he received from Onyango. He asked to see the evelopes and the cards so they could be checked. He said he told Freeby it was important for the case because it could possibly show Onyango was still alive and that would help him.He said Freeby would not give him the envelopes stating they were in a safe place.Maynard said he spoke with Freeby on April 20 and May 10 again, among other things, asking about the envelopes. He said Freeby has never turned them over to police.In fact, Maynard said, during a June 11, 2008, meeting with Freeby the defendant said a friend had the envelopes with him and he had gone to Florida. Maynard said he put his phone number in Freeby's cell phone and told him to call him with the friend returned so he could get the envelopes. He said Freeby never called him.He also asked Freeby about painting the basement steps, the coal bin door and some walls after Dec. 9, 2007. Freeby told the trooper he painted the door to cut down on the draft coming through the door and he painted the steps because "they were a mess."Maynard also said Freeby said he didn't know about the blood in the basement coal bin. Freeby said he never skinned or "gutted' an animal in the basement. Testimony indicated that Freeby was a trapper and caught animals.Friday was the ninth day of testimony heard by the panel. The trial began with jury selection on Jan. 9. The trial will resume Monday at 9 a.m. with the Commonwealth calling additional witnesses. Dobias has called about 35 witnesses to date in the trial with some more expert testimony scheduled next week. It is expected the defense will begin its side of the case next Thursday meaning the trial will go into a fourth week.