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INDIANA, Pa. - An Indiana County jury returned a guilty verdict of first-degree murder late Wednesday night against a state trooper accused of stabbing and nearly decapitating Blairsville dentist Dr. John Yelenic in 2006.
The verdict came hours after suspended Pennsylvania state Trooper Kevin Foley took the stand and denied killing the dentist, who was found dead on April 13, 2006.
"First-degree murder, I mean, that's what we hoped for. The anticipation was just growing and growing," said Mary Ann Clark, a cousin of John Yelenic. "Right before we went in, someone said, 'They're going to send us home for the evening,' and I just was like, I can't go through another sleepless night, I have to know tonight, I can't do this again."
Foley was charged with criminal homicide, meaning the jury had to determine his guilt or innocence and also the underlying murder or manslaughter he may have committed. First-degree murder carries a mandatory life sentence; prosecutors did not seek the death penalty.
"John has his justice tonight. John deserved this; he was the most wonderful person in the world. He died the most horrible death and tonight this is his night," Clark said. "The system worked."
The defense rested its case and the jury began its deliberations late Wednesday afternoon and lasted late into the evening. When asked by WTAE Channel 4's reporter Jon Greiner, defense attorney Jeff Monzo said outside the courthouse that he's "very disappointed in the verdict. We still believe in Kevin's innocence and we'll press forward," meaning the defense will file an appeal.
READ:Jennifer Miele Blogs The Pa. State Trooper Trial In Indiana County
Foley was involved with Yelenic's estranged wife, Michele, and police said they believed a fight concerning the relationship led to the attack.
Greiner said Michele Yelenic was not seen or heard from at the trial, but apparently may face more legal action.
"From the moment this happened, myself and the rest of John's friends, we knew who committed this murder, and the last thing I have to say is, Michelle, I'll see you at the civil suit. We're coming after you," said Tim Abbey, a man who identified himself as a friend of John Yelenic.
Foley admitted he did not like Dr. Yelenic because of the way he talked to Michele during the divorce proceedings, but said he was joking when he asked another state trooper to help kill the man.
"I never made a threat with the intention of carrying it out," Foley said when questioned on the stand by the prosecution.
When asked if he killed Dr. Yelenic, Foley told the jury at the Indiana County Courthouse, "I am innocent." The jury even laughed at his jokes a few times.
Foley told the jury that he adopted a child from Guatemala one month before the murder. Foley, a single father, said it was the happiest time of his life when he brought the child home, and he said Michele Yelenic was happy too because her divorce was nearly final.
Foley, 43, has been on unpaid suspension since he was arrested in September 2007.
In the United States, a suspended Pennsylvania state trooper has been convicted of first-degree murder for killing his girlfriend's estranged husband.

Kevin Foley, 43, faces a mandatory life sentence without parole for slashing to death John Yelenic, a Blairsville dentist who was in the final stages of divorcing his wife, Michele. Foley's attorney said he plans to appeal the decision. Prosecutors did not seek the death penalty.

Foley previously said he "loathed Dr. Yelenic" and asked another fellow trooper to help kill him. During his testimony, which lasted several hours, Foley claimed he was joking and had no true intention of carrying out the threat, but the Indiana County jury rejected that defense after about six hours of deliberations. 

John Yelenic was found dead in his home on April 13, 2006, one day before he was planning on signing his divorce papers. Charges were brought against Foley in September 2007, more than 17 months after the murder.

Foley, who had been on suspension from the Pennsylvania State Police, was himself the final witness to take the stand Wednesday in the trial. Foley insisted he was innocent during his testimony, and even made jokes that the jury laughed at on a few occasions.

"I never made a threat with the intention of carrying it out," Foley said under cross-examination by the prosecution.

When Senior Deputy Attorney General Anthony Krastek pressed Foley for what was funny about asking another state trooper to help him kill Yelenic, Foley answered, "There isn't any joke. It's just my personality, my behavior (with co-workers)."

Prosecutors said Foley killed Yelenic after going to the dentist's house to confront him over the terms of the divorce. Prosecutors claim Foley slashed Yelenic several times with a knife and pushed his head through a small window. Yelenic bled to death.

"John has his justice tonight," Mary Ann Clark, a cousin of Yelenic, told MSNBC. "John deserved this; he was the most wonderful person in the world. He died the most horrible death and tonight, this is his night. The system worked."

Foley had been living with Michele Yelenic for two years at the time of the homicide. Prosecutors previously said Foley and Michele helped perpetuate rumors that Dr. Yelenic molested their son. John and Michele Yelenic had been separated in 2002. Michele Yelenic stood to collect Dr. Yelenic's estate and a US$1 million life insurance policy, and could lose about $2,500 a month in support if the divorce was finalized, a Pennsylvania grand jury previously determined.

Michele Yelenic, who has not appeared at the trial, may face legal action herself, media reports indicated. A sentencing hearing for Foley is scheduled for June 1.