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By CHARLES H. BOGINO; Times Leader Staff Writer
Wednesday, September 21, 1994     Page: 3A

WILKES-BARRE — John D. Smith said he had nothing to do with the death of
Hector Maldonado.
   
Instead, he tried to come to the man’s aid as Anthony Russo slapped him
around in a South Wilkes-Barre parking lot three years ago, Smith said.
    On the first and only day of defense testimony at his murder trial Tuesday,
Smith told a Luzerne County jury that when he left Russo and Maldonado early
on the morning of March 1, 1991, Maldonado was still alive.
   
“He wasn’t bleeding; he was not injured at all,” Smith said in even tones.
   
According to other testimony, Maldonado was found just over an hour later,
lying unconscious in the middle of Wilkes Lane and bleeding profusely from his
head. He died the next day, a result of a series of blows to his head, the
county coroner ruled.
   
In more than an hour of testimony, Smith, 29, disputed the police scenarios
that say he joined in with Russo and fellow Wilkes-Barre resident Anthony
Tolbert in beating Maldonado in a drug dispute.
   
Police said Maldonado stole about $300 worth of cocaine that belonged to
Russo, and the three hunted him down, beat him and left him for dead in the
street.
   
Smith and Tolbert, also 29, were acquitted two years ago on charges of
first- and second-degree murder, kidnapping, voluntary manslaughter and
conspiracy to commit murder in connection with the death. The jury at the time
deadlocked 10-2 in favor of a conviction on a charge of third-degree murder.
   
Smith is being retried on that charge. Tolbert’s trial is expected to begin
as soon as Smith’s concludes. Russo, 34, has never been caught and still is
considered a fugitive.
   
If no further witnesses are called today in an attempt to rebut earlier
testimony, attorneys for both sides are expected to deliver their closing
arguments. The jury could begin deliberating this afternoon.
   
Smith said Russo was the belligerent one the morning Maldonado was beaten.
Smith testified that he didn’t know who Maldonado was, that he was riding in
Russo’s Cadillac when Russo suddenly swerved it into the Fay’s Drug Store
parking lot on South Main and Ross streets.
   
“He jumped out of the car and started to yell and scream at this kid on the
phone,” Smith said of Russo. “He wanted to know where his $300 was.”
   
Smith told the jurors he had no idea why Russo was acting that way but told
Russo to stop hitting Maldonado.
   
“Russo’s acting like a nut, on top of this kid, yelling and screaming,” he
said.
   
Smith testified that the hitting stopped after about five slaps and short
scuffles. Maldonado then got into Russo’s car with Russo, Tolbert and Smith.
   
“He just got into the car and said `I want to go home now,’ ” Smith said of
Maldonado.
   
The four then drove to Scott Street, where Smith and Tolbert got out, he
testified. Maldonado got into the front, passenger seat, Smith said. He said
Maldonado didn’t appear to be injured.
   
Smith said he didn’t know what happened to Maldonado, but Russo later
threatened Smith, warning him to keep his mouth shut.
   
“He said that if I told anybody about anything I know, he’d kill me or
somebody I loved,” Smith said.
   
Smith said he never told police about the threat.