Although delirium and a methamphetamine overdose played roles in Bryan R. Smith's death in May 2012, his being tied to a tree in South Manheim Township also contributed to it, a forensic pathologist testified Tuesday in Schuylkill County Court.
"It was exacerbated because he was tied to the tree," Dr. Neil A. Hoffman said of Smith's condition during his 20 hours of bondage in a wooded area behind the home of Keith A. Reber, whom prosecutors have charged with homicide in the case.
Hoffman, who works at Reading Hospital and Medical Center, West Reading, testified on the second day of Reber's trial before Judge Charles M. Miller and a jury of eight women and four men. Prosecutors will resume their case at 9 a.m. today.
Prosecutors have charged Reber, 49, of Schuylkill Haven, with criminal homicide, aggravated assault, kidnapping, conspiracy, prohibited possession of firearm, possessing firearm with altered number, unlawful restraint, recklessly endangering another person, tampering with evidence and two counts of simple assault. If convicted of either of the most serious charges, first- or second-degree murder, Reber faces a mandatory prison sentence of life without parole.
State police at Schuylkill Haven allege that because he suspected Smith of stealing from his girlfriend, Lisa Keller, Reber led the 26-year-old Orwigsburg man to the woods behind 294 Meadow Drive, about 3 a.m. May 28, 2012, brandished a gun, used military-style flex-ties to bind him to the tree and left him there for 20 hours.
Reber, who is being held without bail pending completion of the trial, turned away from the screen where Assistant District Attorney Michael A. O'Pake was showing, and Hoffman was describing, pictures of Smith's injuries.
Hoffman said those photographs showed various abrasions, some deep, on nearly every part of Smith's body, from his neck to his toes, plus a considerable amount of dirt.
"Are those injuries pre-death?" O'Pake, who is trying the case along with Assistant District Attorney Rebecca A. Elo, asked Hoffman.
"Yes," Hoffman said.
Abrasions on Smith's ankles and wrists have patterns that run almost all the way around the joints, according to Hoffman.
"The pattern injuries ... are caused by manacles," such as the flex-ties Reber used, Hoffman said. "They were caused by the handcuff slipping into various positions."
Robert J. Kirwan II, Reading, Reber's lawyer, challenged Hoffman on his statement that excited delirium, in addition to the methamphetamine and being tied to the tree, caused Smith's death, saying that diagnosis is not recognized by some medical groups, including the World Health Organization.
"It is recognized by most forensic pathologists," Hoffman said. "It's one of those things, when you see it, you know it. Anybody looking at him would be able to tell he's delirious."
He also disagreed with Kirwan when the lawyer said Reber used no violence in tying Smith to the tree.
"Placing him in the manacles" is a violent act, Hoffman said.
He did agree with Kirwan that Smith suffered no contusions or lacerations, and abrasions usually heal.
Former Chief Deputy Coroner James Nettles testified that Smith died about 10 p.m. May 28, an hour before Reber returned from fishing to find his body.
Rigor mortis had completely set in, although Smith had only superficial wounds, Nettles testified.
"The top level of skin was completely rubbed off" some of those injuries, he said.
State police Cpl. Steven Schmit continued his testimony from Monday by identifying DVDs containing Reber's statements when questioned.
"I'm so mad at myself. I didn't expect this to happen. I never expected to see this," Reber, who bowed his head in the courtroom while listening, said on one of the DVDs.
However, Reber said he threw the flex-ties, the gag he stuffed in Smith's mouth and Smith's wallet into a burn pile at his house, although he showed police where they were before he destroyed them.
Schmit said the flex-ties can't be removed but have to be cut off.
"They're real thick. They're real heavy," he said.
Also testifying Tuesday were Schuylkill County Coroner Dr. David J. Moylan and Deputy Coroner Gail Newton, who told how they packaged and sent samples of materials to NMS Laboratories to be tested.