Testimony continues in the Thomas Rath murder trial

By Wendy Post —

Testimony continued on Thursday at the Tioga County Courthouse in Owego, N.Y. for the Thomas Rath murder trial. Rath was abducted from “the Jungle” in Ithaca, N.Y., his body discovered months later in a shallow grave in Candor, N.Y. The trial was presided over by the Honorable Adam Schumacher, with defense attorney Thomas Cline and prosecutor Lillian Reardon arguing and defending the case.

Now, and with varied testimony from suspects that agreed to a “cooperation agreement” in lieu of the more serious charges, like kidnapping, Joseph M. Howell, age 38 of Newfield, N.Y., is on trial for and has been charged with first- and second-degree murder, first-degree kidnapping and three counts of intimidating a witness.

Wednesday’s testimony wrapped up with witness Robert Hines, the driver, detailing a gruesome account of the time of death of Thomas Rath. Thursday afternoon focused on forensics, DNA samples collected, a firepit, and other evidence and its handling.

Gregory Herz, an investigator with the City of Ithaca Police Department, serves as an evidence custodian, and was responsible for the swabs, as well as other items collected from May 2023 to August or September of 2023. In all, Investigator Herz testified that just under 200 pieces were taken into evidence.

Sr. Investigator Meagan Parslow, from the forensics unit, also testified about her individual response and evidence collection and investigation. Investigator Parslow testified about a fire pit that she photographed for evidence on May 31, 2023. The fire pit was located behind a residence located at 70 Benjamin Hill Rd. in Newfield, N.Y.

According to Investigator Parslow’s testimony, there were several items in the firepit to include blue colored flexible plastic, a lot of metal, a lighter, and other debris. It was determined, she noted, that the blue plastic was a tarp.

As far as Ekroos Road in Candor, N.Y., where Rath’s body was found in a shallow grave, Investigator Parslow was out there several times between August and September 2023.

The first evening on Ekroos Road, Investigator Parslow stated she was responsible for taking photos and putting placards near any evidence found.

The Aug. 3, 2023 visit to Ekroos Road revealed a shallow grave, with Rath’s body in advanced stages of decomposition. She noted that some of his body was skeletonized.

Key to her investigation at the crime scene was the discovery of a tree located behind the grave site that had a bullet hole, and the tree was splintered off on that side.

Investigator Parslow returned to Ekroos Road on Aug. 7, 2023 to search the area during the daylight. She explained that following evidence discovery and with placards in place, they would wear Personal Protective Equipment and collect things, marking and sealing them on scene in a marked bag.

Investigator Parslow returned to Ekroos Road again on Sept. 28, but not until after an anthropologist deemed that bones were missing. When investigators arrived back at Ekloor Road they were able to locate various bones at the scene.

“Some were non-human, but some were human and matched that of Thomas Rath,” Investigator Parslow testified.

When the bones were returned to the anthropologist, she was able to connect them anatomically.

The forensics investigators also looked for defects in Rath’s clothing that would correlate with his bodily injuries. Collected were shoes, pants, boxer briefs, a t-shirt, a crewneck sweatshirt that was inside out, and a winter jacket.

According to Investigator Parslow’s testimony, there were holes in the upper shoulder area of the sweatshirt that were consistent with the jacket holes. She added that the defects were circular, with several having material protruding from the holes.

Investigators also looked at the red pickup truck driven by Robert Hines for evidence. Investigator Parslow testified on that, stating that door handles, the steering wheel and shifter were dusted, and that they took two cuttings from the back seat in a search for blood evidence.

Testimony will continue on Friday, and then break at noon for the weekend. Closing arguments are expected early next week.