Justin Schuback is accused of killing Robert Baron Sr., but his lead defense attorney on Tuesday grilled Baron's widow about whether she feared the couple's son had a hand in the murder.
"I hope to God it's not true," Maria Baron said Tuesday following intense questioning by lawyer Bernie Brown.
Robert Baron Sr., the owner of Ghigiarelli’s Restaurant in Old Forge, failed to show up at the eatery as usual on the morning of Jan. 26, 2017 and was reported missing by his family.
Following years of investigation Schuback, 38, was arrested in March 2023 at his Old Forge home. By then, advances in cellular phone tracking technology helped police trace Shuback's movements around the time Baron disappeared.
Skeletal remains subsequently discovered in Pagnotti Park that month were identified as Baron's, which led to the arrest.
Schuback, who is being tried in Lackawanna County Court before Judge Terrence R. Nealon, faces charges including first-, second- and third-degree murder. He pleaded not guilty at a county court arraignment in June.
Investigators allege Schuback, an acquaintance of Baron's son, Robert Baron Jr., was in debt to his drug dealer at the time of the killing, but witnesses said he was flush with cash in the hours after Baron Sr. disappeared.
Lackwanna County District Attorney Mark Powell has said investigators do not believe anyone else was involved in the killing, which he has called "a burglary gone bad."
Schuback allegedly knew Baron kept money in the restaurant building "because he didn't believe in using banks," according to an affidavit.
But Brown on Tuesday focused on Maria Baron's own statements regarding Baron Jr.'s drug use, temperament, feared involvement in the killing, and large sums of cash placed in a joint safe deposit box after Baron Sr.'s disappearance.
Maria Baron admitted she and her husband were concerned that Baron Jr. was using drugs again, and that "he had taken money" from the business before.
DA Powell asked Maria Baron if she had ever been afraid of her son.
"Never. Never. Bobby was never violent at all," she said, adding that he had "issues with drugs," but "would never hurt anyone."
But Maria Baron also admitted to Brown that she did not want Baron Jr. in her house when she wasn't there, following a 2016 incident in which he allegedly tried to break into the garage while she was away.
Brown asked whether she had told a detective "God forbid Bobby has anything to do with this," meaning Baron Sr.'s killing.
After a pause, she replied: "I might have."
Incorrect recording
A defense misstep during Maria Baron's cross-examination led to the jury being sent out of the room and a stern warning from the judge.
Brown asked Maria Baron if she said during a 2023 podcast that her son knew more about the killing than he had admitted.
"I do not recall that at all," she replied.
Brown then instructed his assistant to play an excerpt from the podcast.
What the jury heard was someone else's voice discussing "Robert Baron" being a heavy gambler.
"Stop, stop, stop," an exasperated Brown said loudly.
Nealon sent the jury out of the courtroom, advising the defense that they should know how to use technology in the courtroom.
He gave the defense a chance to play the proper clip. When it could not be properly cued up, Brown thanked the judge for his patience and opted to move on.
Nealon cautioned Brown that any further technical mistakes could warrant a "serious admonition" in front of the jury.'
The judge asked which Baron the gambling comment in the clip had referred to, and Brown said he believed it was about Baron Sr.
When jurors returned, the judge asked if the incident would affect their ability to fairly assess the case. When none said it would, he instructed them to disregard what they had heard, and cross-examination resumed.
Questions about cash
Brown asked Maria Baron about cash she was given by her son after her husband's death, which she placed into a joint safe deposit box.
She acknowledged accessing the box "a few times," in 2017 and did not challenge Brown when he said records showed Maria Baron went to the box in February, June, four times in July, two times in August and two times in October that year.
Brown asked Maria Baron if she ever said there was $38,000 in the box. She said she did not recall saying that and hadn't counted the money.
Maria Baron also testified she was not aware her own attorney had sent a letter to the DA's office regarding the money in the box, but was aware the cash was later seized.
"Are you aware $100 bills from the safe deposit box had blood on them," Brown asked.
"I am not," she replied.
Robert Baron Jr. is expected to be called to testify when proceedings resume Wednesday morning.
Physical evidence testimony
Proceedings in the case began Monday with jury selection and opening statements. Testimony got underway on Tuesday.
The day began with Old Forge police officer David Kimble taking the stand under questioning by Assistant District Attorney Sara Varela, and describing how he took Maria Baron's missing person report on the morning of Jan. 26, 2017 and then visited the restaurant.
Varela presented to the jury more than 40 pieces of physical evidence recovered during the investigation, including a blood-stained mop and mop bucket, blood swabs from the restaurant, human hair, broken glass and a bottle of cleaning product and a knitted afghan with blood stains found in the restaurant, DNA and hair samples taken from Schuback and a tooth found in a restaurant utility sink.
Many of these were analyzed by state police, and some were sent to an FBI lab in Quantico, Va.
Kimble and Pennsylvania State Police forensic investigator James Hitchcock spoke about blood they observed on floors and walls inside the residence on the morning of Jan. 26, 2017, and how use of the chemical Luminol revealed much more blood had been cleaned up.
Brown asked Kimble if he was aware the hair found in the restaurant came back as not from Schuback. Kimble acknowledged that, and that DNA swabs from the mop and mop bucket excluded Schuback.
Brown then asked if any items from inside the restaurant tested positive for links to Schuback.
"Not that I'm aware of," Kimble replied.
