Ciccone prelim continued

Wednesday, December 17, 2003

The preliminary hearing for Albert Ciccone continued this week as Prosecutor Aaron Bazzoli called for testimony from county and state law enforcement officers, the forensic pathologist and the first person to officially respond to the scene of the incident.

Ciccone has been charged with first-degree murder in the death of his wife. It is alleged that he ran down his pregnant wife on a rural road near Tipanuk last October.

Alan Roberts, director of the Elmore County Rescue/Extrication Unit, said he was the first to arrive at the scene after being alerted by dispatch of a one-vehicle accident. He was told one victim had been ejected from the car and had massive head injuries.

Roberts reported that while he was enroute to the scene in his personal vehicle the dispatcher relayed the information that a male subject was walking away from the scene.

Roberts said he was approximately ½ to ¾ mile from the Ditto Creek Road scene when he spotted the man walking, apparently talking on a cell phone. Roberts asked if the man was hurt or needed help, but said there was no response as the man continued using the phone. Roberts did not see any obvious injuries and asked once more if he could help. The only response from the man was, "she needs your help," as he indicated the direction behind him.

Roberts continued to the scene and found a vehicle (a yellow Dodge Neon) in the middle of the road with significant damage to the front end of the vehicle. A female was laying in a nearby yard some distance away. Roberts said he could detect no pulse and no breathing and noted the massive head trauma. He was about to return to his vehicle for CPR equipment when the ambulance arrived.

With care for the victim turned over to the paramedics, Roberts and ISP Officer Rand Oloso went to search for the car's driver.

Roberts returned to the spot along the road where he had last seen Ciccone but could not see him. Oloso and Roberts eventually found the man approximately one mile into the desert. At that time Roberts noticed blood on Ciccone's hand and he inquired once more if the man was injured.

Ciccone said his nose had been bleeding and that was the source of the blood on his hand, but he was not hurt.

Elmore County Deputy Chris Banks testified that the ambulance and Roberts were both on the scene before he arrived. He said that during a short interview with Megan Shaw, a resident of the home on Ditto Creek Road, she reported she saw a female flying through the air and coming to rest in the yard and saw the vehicle strike the mailbox.

Officer Oloso said when he arrived at the scene he noted that the doors and windows of the yellow Dodge Neon were closed and the windows were intact. He saw damage to the front of the vehicle and that glass from the headlight was broken.

He explained how he and Roberts had tried to locate the driver. The ISP officer was carrying a rifle and wearing a sidearm as they finally approached Ciccone in the desert. Oloso noted that he directed Ciccone to sit down but the man did not immediately respond. With the second order to sit, Ciccone commented about not wanting to get dirty. He finally got down on his knees and Oloso proceeded to handcuff him. Oloso said he explained that he was not arresting him at that time, but the cuffs were for security and safety.

Dr. Glen Groben, the forensic pathologist who had performed the autopsy of Ciccone's wife, testified that during the initial external exam of the body he found a single yellow paint chip lodged in the victim's hair. He also noted her extensive injuries were clearly visible. Upon further examination, he found a well-formed fetus. The doctor said the fetus had no direct injuries but died because the mother died. There was no evidence of drugs or alcohol, he said.

Judge John Sellman must determine if there is sufficient evidence to proceed with a trial.

A power failure at the courthouse interrupted Monday's testimony during the hearing and because of scheduling conflicts, the judge will continue the hearing on Monday, Dec. 29, at 9 a.m.

Bazzoli indicated he has additional witnesses to call and the defense team has yet to begin presenting its case.

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