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Marlene
SMITH
Vindy.com
September 23, 2009
MARYSVILLE, Ohio (AP) — A woman convicted of
killing Pittsburgh-area medical student in Ohio in 1997 has died
of cancer while serving a prison sentence of 18 1/2 years to life.
A spokeswoman for the Ohio Department of
Rehabilitation and Correction says 53-year-old Marlene Smith died
at the Ohio State University Medical Center on Sept. 6.
Smith and her husband, Douglas Main, were
charged in 2004 with murdering Anthony Proviano of Baldwin, Pa.,
at a motel in Belmont County, Ohio. Proviano had been driving home
for Christmas.
Charges against Main were dismissed because he
was denied a speedy trial, but Smith was convicted of murder and
sentenced in 2006.
Smith had been at the Ohio State Reformatory
for Women in Marysville, before she was transferred to the
hospital in July.
Smith Sentenced To 18 Years-To-Life
March 30, 2006
A Life Interrupted: The mystery of Anthony Proviano's death
Anthony's death initially was ruled a suicide,
and his parents and Belmont County, Ohio, investigators struggled
for nearly a decade to discover what really happened.
In 12 consecutive installments, Post-Gazette
reporter Steve Levin unravels the intricacies of a case that is
every parent's nightmare and every investigator's struggle.
Levin, who has covered the story since
Christmas Day 1997, utilized scores of interviews plus court
testimony, police records, correspondence and his own reporting to
develop a modern-day whodunit.
Chapter One / The First Days
On Christmas Day 1997 he expected an
uncomplicated shift at the Baldwin Borough Police department. It
had been anything but.
Just before 10 a.m., Maryann and Carmen
Proviano arrived, crying and shaking, and visibly exhausted. They
had neither eaten nor slept for nearly two days.
"What are you doing to find our son?" they
asked. He had no idea what they were talking about.
Their 29-year-old son, Anthony, a second-year
medical student in Cincinnati, had been due home two days earlier
for the family's decades-old traditional holiday celebration of a
meatless Christmas eve -- pasta aglio and eggnog, cookies and
music.
There'd been no word from him and no answer at
his Cincinnati apartment.
Artman sent them home to rest. Then he and
Detective Patrick J. Coyne spent several hours working the phones.
It took hours to get Cincinnati police to check Anthony's
apartment. While the door to his apartment was locked, there had
been a burglary at one of the building's other apartments.
Artman then checked Cincinnati phone records on
the chance any of Anthony's recent phone calls could provide
information. They didn't.
By the time Carmen and Maryann returned to the
station late that afternoon, they were threatening to drive the
six hours to Cincinnati to search for their son.
"You can't go to Cincinnati," Artman told them.
"You're in no condition."
But Artman wanted to help somehow. "You just
knew that these people were experiencing the worst pain a human
being can feel," he said. "In their hearts I think they knew
something was wrong. Seriously wrong."
He called Chief Chris Kelly, at home, and
explained the situation. Kelly asked officer Matthew Kearns to
drive the Provianos to Cincinnati the next day. Kelly figured the
Provianos not only would be safer if accompanied by an officer,
but it might also convince Cincinnati cops to be more cooperative.
That night, Baldwin Borough police listed
Anthony as a missing person, and sent a regional message to law
enforcement officials in Pennsylvania, West Virginia and Ohio.
Police also searched for the registration for Anthony's red Z28
Camaro; his parents didn't know the license plate number.
During the next day's six-hour drive, Kearns
tried to buoy the Provianos' spirits by saying there was a likely
explanation.
His words had little effect.
"Any conversation was -- I don't know how to
describe it," Kearns said. "We talked about different things but
it was obvious their minds were somewhere else."
At their son's apartment, located across the
street from the entrance to the Cincinnati Zoo, nothing seemed
amiss. There were eight or nine phone messages -- mostly from
family members -- dishes in the sink and unpacked boxes in the
middle of the floor.
Kearns did find a .45-caliber pistol with a
loaded clip. The discovery surprised Maryann.
That evening, a Cincinnati TV station, alerted
to the story by local police, arrived to interview the Provianos.
In Pittsburgh, Kelly contacted local media
outlets about the situation, so by the 11 o'clock news, the
disappearance of Anthony Proviano was being broadcast throughout
Ohio and Western Pennsylvania.
Kearns stayed at a hotel that night while the
Provianos slept in their son's apartment. They straightened up,
including washing the dishes, rearranging furniture and packing
some of Anthony's personal items to take back with them to
Pittsburgh.
Saturday dawned gray and cold. Kearns called
his department; Anthony had not showed up.
Back at the apartment, Maryann and Carmen were
being interviewed by two newspapers and two TV stations.
By the time the interviews were finished, it
was nearly 2 p.m., and time for Kearns and the Provianos to return
to Pittsburgh.
The discussion during the entire return trip
centered around the idea that Anthony must have been a victim of
foul play.
"I know he's dead," Carmen said more than once.
"I just want his body back."
Kearns dropped the Provianos off at their home
after 8 p.m.
"It was a long ride back," he said.
*****
Chapter Two / The Search
Their goal: find the red Z28 Camaro belonging
to Anthony Proviano, and, hopefully, the missing 29-year-old
medical student, too.
The department had borrowed a helicopter from
KDKA-TV after three days of unsuccessfully trying to locate him.
The officers flew above the route Anthony likely would have driven
from school in Cincinnati to his parents' home in Baldwin Borough.
Sgt. Artman was not hopeful.
"I thought it was a one-in-a-million chance
that we'd find that car," he said. "When you're in the air, every
car has the same shape."
With enough fuel for only two hours, the
helicopter flew low at 500 feet, swooping over malls and motels,
parking lots and truck stops along Interstates 79, 70, 470 and 71.
Just after 11, the trio were about to return to
Pittsburgh when the pilot decided to check one last area off
Interstate 70: the L-shaped parking lot of a Days Inn hotel near
St. Clairsville.
As they dipped toward the ground, the pilot
pointed to a red car.
The helicopter dropped to 250 feet, and circled
the parking lot several times. The car had Ohio plates, but the
helicopter's fogged windows and heavy vibration made it hard for
the officers to make out the plate through their binoculars.
The first letter, "S," matched the plate on
Anthony's car. Officer Kearns strained to see with the binoculars.
The final digit was "3," also a match. They couldn't read anything
else.
The helicopter landed on a small flat patch of
land 15 feet below the parking lot. The officers jumped out and,
hunched over to avoid the blades, scrambled on all fours up to the
parking lot and toward the car.
About three dozen hotel guests were on their
balconies in the blustery cold, gawking.
"Are you guys OK?" one called to the officers.
The two were at the car before they could read
the full plate: SUF-703.
Both of them swore.
It was Anthony's car.
About the same time -- 11:05 a.m. -- the phone
rang at Olen Martin's home in nearby St. Clairsville. Still asleep
after working late the night before, the chief deputy for the
Belmont County Sheriff's Department mumbled into the receiver.
It was the department dispatcher; a helicopter
had landed near the parking lot of the Days Inn.
Asked if the highway patrol had been called,
since it investigates air crashes, the dispatcher answered no. "We
found the car from the carjacking."
Deputy Martin's mind raced as he dressed. He
recalled a Christmas Day teletype about a University of Cincinnati
student's car, one that suggested he might be a victim of a
carjacking. But he saw hundreds of teletypes every week and hadn't
focused on it.
Anxious about what he might find at the Days
Inn, he almost forgot to call his wife; today was his day with the
separated couple's 2-year-old daughter.
By the time he pulled into the lot, Anthony's
car had been unlocked, his room -- No. 125 -- searched and the
hotel grounds stampeded by media.
The burly chief deputy, gruff and
short-tempered, ordered his deputies to secure the scene. He found
out from the hotel that Anthony had checked in at 6 p.m. on Dec.
23.
Deputies broadened their search out from the
hotel. At a bend in the road leading to the hotel's driveway,
Deputy Chip Williams saw a single set of footprints in the mud
along the left side of a mound of dirt on an abandoned township
road.
He eased his way down the frozen rutted dirt
road about 500 feet and stopped. He called his boss on his radio.
"We found the body," was all he said.
*****
A Life Interrupted: The body is found, the
questions begin
Baldwin Borough Police Sgt. Robert A. Artman
was one of the first to see the body of Anthony Proviano.
Walking 500 feet down the abandoned township
road toward the knot of police officers standing in a semicircle
around the body, the sergeant's mind flashed to an event years
earlier.
"I had a 16-year-old girl run over by a tractor
trailer," said the U.S. Army veteran and 16-year employee of the
Baldwin Borough police department. "She went through every wheel.
I grabbed her arm to see if she had a pulse and she gave one last
breath.
"That's the thing about this job; there's some
things you'll never forget."
He knew he'd never forget his first sight of
Anthony, either.
Lividity -- the body's blood draining to the
lowest part of the body -- had set in, and his face and hands were
covered with debris.
His arms were tucked beneath him against his
chest and his legs crossed, right over left. Several feet away
were his right shoe, a flashlight and a knit hat.
The second-year medical student's blue,
long-sleeve shirt was untucked and the front of his jeans dirtied.
His red jacket was twisted into a ball about 3 feet away. A
.25-caliber semiautomatic pistol loaded with two rounds of
ammunition was about 100 feet distant from the body, along with
one spent bullet casing, one unfired bullet and a pair of leather
gloves laid neatly atop one another.
Sgt. Artman was still looking around the area
when Chief Deputy Olen Martin of the Belmont County, Ohio,
sheriff's office arrived. Bull necked and barrel chested, with a
thick black mustache and brooding eyes, he had been sound asleep
at his home an hour earlier after working a late shift. He hated
being awakened by the phone, so he was in a bad mood before
reaching the site. Now, seeing the area overrun with cops from
four jurisdictions trampling on potential evidence and muddying up
a crime scene already damp from days of cold drizzle, his temper
boiled over.
He barked an order into his portable radio for
the county coroner and then yelled for everyone except Belmont
County sheriff's deputies and a state Bureau of Criminal
Identification & Investigation agent to leave the crime scene.
As the other law enforcement officials trudged
back up to the main road, he began photographing the scene.
Normally, he would wait for the county coroner before "working"
the body. Today, though, was "colder than a witch's wazoo," and he
didn't want to waste time waiting for the coroner, Dr. Manuel
Villaverde, to arrive.
Anthony's forearms had dug a 1-inch depression
in the ground, either from crawling or writhing, like a snow
angel. He turned the body over and spotted a single bullet wound
in the upper left chest. There were abrasions on his face; in
particular, he took note of a couple of horizontal cuts on the
right side of his forehead. Anthony's wallet, with $47 inside, was
in the front right pants pocket; his car keys were in the left
pocket.
While he scoured the area and deputies measured
the location of the body from the road and various items from the
body, the BCI&I agent planted small flags at potential pieces of
evidence. A deputy began cataloging items. The chief deputy sent
others to secure Anthony's car, search the hotel and talk to the
front desk clerk.
At 1:20, Dr. Villaverde arrived. A native of
Quezon, Philippines, he survived the Japanese occupation during
World War II to later graduate from the University of Santo Thomas
medical school in Manila. He moved to Belmont County in 1975 and
was elected to the $22,000-a-year county coroner position in 1992.
Obviously irked that the chief deputy had moved
Anthony's body, the doctor spent just 15 minutes at the scene.
Anthony's body was placed in a white body bag, placed on a gurney
and awkwardly wheeled up to a waiting car from Grissell's Funeral
Home in nearby Bellaire.
When the chief deputy reached the funeral home
-- Belmont County does not have an actual coroner's office -- Dr.
Villaverde had already begun his examination.
Using an old scalpel, he cut two or three times
into Anthony's back before pulling out a hollow-point .25-caliber
bullet.
"Maybe we save the county some money," he
grinned.
Four separate times at the funeral home, Deputy
Martin asked the doctor to change his ruling and order an autopsy:
the gun was too far away for a suicide, the scene was suspicious,
too many things didn't add up.
He refused.
"Listen," Deputy Martin said, his neck muscles
bulging. "That ruling casts an umbrella of suspicion over the
investigation. We're going to end up on 'Geraldo.' "
"Mahtahn," Dr. Villaverde said in his accented
voice. "I don't care."
*****
A Life Interrupted: At home, taking stock,
preparing to grieve
Carmen and Maryann Proviano knew from the start
something was wrong. It was completely out of character for their
only son, Anthony, not to be home for Christmas, not to call, not
to answer the tearful pleading messages left on his Cincinnati
phone by his sisters.
The trip to their son's Cincinnati apartment on
Dec. 26 with a Baldwin Borough cop had only increased their dread.
The apartment was messy, but that wasn't
unusual for a 29-year-old single medical school student. His
school books were open to material that he wouldn't be tested on
until February. His laundry bag was by the back door -- a sure
sign to them that he planned to return to school.
The awful discovery of their son's body on Dec.
28 near a hotel in St. Clairsville, Ohio, had been made worse by
the pronouncement of the Belmont County coroner that not only had
Anthony shot himself, but "probably after he got drunk enough he
probably had the courage to do the job."
To the Provianos, it just didn't add up. Not
just that Anthony had paid for a room for one night at the St.
Clairsville Days Inn on Dec. 23 when he was only 70 minutes from
home. He didn't sleep in the bed or even use the bathroom. The
nearly empty liter bottle of Crown Royal Canadian whiskey and box
of .25-caliber shells found among his belongings in the room? That
wasn't any proof of suicide.
The trunk of his 1995 Camaro, found in the
hotel parking lot, contained wrapped Christmas gifts addressed to
them. Clearly, the Provianos reasoned, their son was headed home.
Now he was coming home dead.
He was their little boy, the boy they named for
St. Anthony, the one who performed magic tricks and loved reading,
who joked with his sisters, went hunting and scuba diving, and
helped pay his way through college at Penn State-Behrend and the
main campus, where he made dean's list, the young man with the big
smile who always volunteered, who always helped.
Full of life, is how they described him. But
sometimes he made bad decisions; he could be naive, too trusting.
He didn't have street smarts, his father said.
Although an engineering major, he decided his
junior year on medical school. "I want a job I can be successful
at and be fulfilled in," he said, pointing to his father's
three-decade career as a vocational teacher and coach in the
Pittsburgh Public Schools.
Since Anthony didn't have the money to pay for
medical school, he worked alternate semesters at General Motors'
Delphi Packard Electric Systems plant in Warren, Ohio. After
graduation, he continued working at the plant, but also attended
night classes at nearby Youngstown State University to earn
necessary credits for medical school.
He applied to several schools but chose the
University of Cincinnati College of Medicine, and had done well,
ranking 21st of 150. At first he wanted to be a pediatrician but
that recently had morphed into becoming a trauma doctor.
Those details were memories now, as the
Proviano family, gathered in the small living room of their home
on Tush Drive, struggled to make sense of the impossible.
Maryann had thought this would be the best
Christmas. For the first time she could remember, all her cooking
and preparations had been completed by Dec. 23. The house was
spotless. Anthony's 4-month-old niece, Guiliana, was home for the
first time, along with his two sisters and brother-in-law. They
were eager to hear about his medical school life.
Without Anthony, though, the heavily decorated
tree was just a reminder of his absence. The living room was
filled with TV crews and reporters. The phone rang constantly.
Police from both the borough and Belmont County had visited.
Maryann and Carmen couldn't stop crying. No one had slept for
days.
And somehow the days passed. Dr. Cyril H.
Wecht's office conducted a private autopsy on Anthony. Funeral
arrangements were made. A letter arrived unexpectedly from the
Belmont County commissioners apologizing "on behalf of the people
of Belmont County for the coroner's actions" in ruling that
Anthony's death was a suicide. The commissioners enclosed a check
for $1,835.50 to pay for Dr. Wecht's autopsy. The good intentions
only made the family's pain worse.
They passed New Year's Eve with the knowledge
that for them, the first day of 1998 would be spent at the
visitation for Anthony at the John F. Slater Funeral Home.
*****
A Life Interrupted: The leads pour in
Ruffo Proviano was mad. His nephew, Anthony,
was laid out for viewing in the funeral home on New Year's Day and
two men he didn't recognize were accosting his brother's friends
and relatives.
He made his way over to the shorter of the two,
interrupting him in mid-conversation.
"What do you guys want?" Ruffo asked loudly.
Olen Martin turned, unperturbed. Confrontations
came with the job. As the lead investigator into what he believed
was the murder of Anthony Proviano, he not only had permission
from Anthony's parents to be at the John F. Slater Funeral Home in
Brentwood, but basic police procedure in any unsolved case meant
working the funeral home, finding people who knew the deceased,
checking their reactions to the casket, recording license plates,
asking questions.
Making people uneasy was the least of his
problems.
"Olen Martin, Belmont County Ohio Sheriff's
Office," he said simply, sticking out his hand.
Deputy Bart Giesey quickly explained to Ruffo
that they were investigating his nephew's death.
Anthony had died in St. Clairsville, Ohio, and
in the five days since his body was discovered, scores of leads
had flooded the Belmont County Sheriff's Office, along with
incessant news media calls. The chief deputy didn't care for the
media anyway, and to date, in this case, they'd done nothing but
slow his investigation down by pestering him for interviews. He
had already decided that if any showed up at the funeral home that
day, he would "go off" on them.
He was disturbed enough by what he already knew
about the case. The coroner had ruled the death a suicide, which
Deputy Martin had angrily disputed. When police checked Anthony's
car, it had already been wiped clean; there was not a single
fingerprint in the car, or on the flashlight found near his body.
Neither was there a hotel room key, although housekeeping reported
the room had been locked. And Anthony's gun, the gun that fired
the fatal shot into his upper left chest, was found 100 feet from
his body.
Between the afternoon and evening visitation,
he let Maryann and Carmen Proviano treat him and Deputy Giesey to
lunch at their Baldwin Borough home. He kept to himself the calls
he'd received intimating that Anthony was gay and involved in
drugs. The St. Clairsville Days Inn and another nearby hotel were
well known to law enforcement as locations for drug activity.
At the house, he got another surprise:
Anthony's parents gave the investigator a Texas hotel receipt
they'd found in their son's laundry when he'd last been home in
September.
Within a few days, Deputy Martin learned that
Anthony had made a five-day trip to El Paso in August 1997, stayed
in a hotel known as a drug haven and driven 880 miles in a rental
car, taking it into Mexico even though he hadn't signed the rental
waiver required to do so. Within days of returning to Cincinnati
after that trip, he paid off a nearly $5,000 credit card bill.
As intriguing as that information was, there
also was the drudgery of cross-checking names, following up leads
and interviewing everyone who might have come in contact with
Anthony in the days surrounding his death.
He and Deputy Giesey compared the Days Inn
guest list with the funeral home's sign-in book. They spent days
talking to people in Belmont County's gay community to check on
rumors. Nothing came from either endeavor. His pot use?
Recreational only. They scoured Anthony's apartment again and
found a photo of him and two men at an outdoor concert that
somehow had been overlooked before.
On a tip they visited the Bella Via restaurant
in Elm Grove, W.Va. They showed Anthony's photo around and three
waitresses said they'd seen him at the restaurant.
"That's him," one said, in a shaky voice. "He
was here."
She also said he was accompanied by a man.
Before Deputy Martin brought a police artist in
a few days later to sketch a composite, he realized the waitresses
were confused on their dates, and that Anthony was dead on the day
the waitresses claimed to have seen him. But he went ahead with
the composite and released it to the media on Jan. 12, figuring
"what could it hurt?"
A few days later he was in Chicago,
interviewing a past girlfriend of Anthony's, someone he'd known
from work at the GM plant in Warren, Ohio. She called him "the
greatest guy I ever dated."
From Chicago, he drove to Cincinnati where a
memorial service for Anthony was being scheduled for Jan. 17 at
the medical school. He was joined by Ohio Bureau of Criminal
Identification and Investigation Special Agent Karen Rebori. The
pair immediately butted heads with the school's dean, who made
them wait for more than an hour to speak to him.
When he finally met with them, he said he
couldn't help.
"Privacy issues are involved," he said.
"It's not like someone stole a Barbie [doll],"
Agent Rebori shot back. "We're looking at someone's death."
*****
A Life Interrupted: 'It's not a natural
death'
Olen Martin, chief deputy of the Belmont
County, Ohio, sheriff's office, stood impassively at the back of
the room with Deputy Bart Giesey, hands clasped behind his back,
the bulge of his gun clearly visible at his waist. In front of
him, at the podium, was Dr. Cyril H. Wecht, preparing to explain
at a news conference the results of his office's private autopsy
on Anthony Proviano.
The well-known coroner, who had conducted
13,000 autopsies himself and reviewed or supervised 30,000 others
during his long career, had been hired by Anthony's parents after
the Belmont County coroner refused to order one.
Deputy Martin already knew the results; he and
Dr. Wecht had spoken a day earlier and the coroner had told him he
could not determine whether Anthony's late December death on an
abandoned township road in Belmont County was a suicide or murder.
Now, as Martin watched the media jockey for position in the room,
he let his mind wander over the past few days.
If there had been themes at the memorial
service for Anthony three days earlier on Jan. 17 at the
University of Cincinnati Medical College, they had been that the
29-year-old second-year student was "too trusting" and that he
never would have committed suicide.
Students had set up "Tony's Corner" on a
bulletin board near a classroom and filled it with clippings about
Anthony's death from newspapers and the Internet, along with
black-and-white photos of him. A memorial book also had been
started. Of all the entries, only one, and unsigned at that,
called Anthony "troubled," intimating that by committing suicide
he had made the one independent decision left to him. The medical
school, however, had not notified Deputy Martin of the book's
existence; he had found out from Anthony's parents, Carmen and
Maryann.
After the service, he had made a point of
confronting the medical school dean who had stonewalled him
several days earlier. It was raining, and he parked so the dean,
who was standing outside his car, couldn't pull out.
"You're very much expected to cooperate with
the investigation," the deputy shouted through the passenger side
window.
"We'll do everything we can," the dean said.
"There were just some very personal things in that book. We had
some privacy issues. We actually considered taking it out and
tearing it up."
"There's no privacy issues," the investigator
replied, putting his car in drive. "The kid is dead."
His attention was snapped back to the present
by Dr. Wecht's loud clearing of his throat.
"Obviously," the doctor was saying, "it can be
a homicide. It can be a suicide. It's not a natural death. More of
the known facts and physical evidence in terms of our experience
... leans toward the involvement of another person."
Anthony's blood alcohol content was between .05
and .07, the equivalent of a single drink, so he wasn't drunk. The
autopsy found no gunpowder on Anthony's hands, although it could
have been washed away by rain. He was not suffering from a
terminal disease. He was not robbed, beaten or sexually assaulted.
Deputy Martin was surprised.
Not beaten? He thought there was a very good
chance Anthony had been beaten.
Dr. Wecht said he had examined police reports
about the death, and when combined with the autopsy reports, "I
believe it's not wild to conjecture that someone else was involved
here."
However, although Anthony had no apparent
school, financial or emotional problems in his life, Dr. Wecht
concluded that "sometimes people commit suicide for reasons that
other people would consider most trivial."
When the news conference ended, Deputy Martin
met the Provianos at an Eat'n Park on Brownsville Road. They had
told the media they would be out of town to avoid interviews.
"For the first time, there was a little bit of
relief; they were a little more at ease," he said. "My impression
was that Wecht's ruling that the [cause of death] was undetermined
was the reason.
"Anything other than suicide was acceptable."
*****
A Life Interrupted: Inquiry hits blind
alleys
Carmen Proviano was trying as hard as he could.
He didn't miss a day of industrial arts classes
at Peabody High School, or a single practice with the boys'
volleyball and basketball team.
Born in East Liberty and raised in Brookline,
he was the first in his family to graduate college. Now, as the
1998 school year was closing, his career was approaching three
decades in the Pittsburgh Public Schools. Former students would
stop him at restaurants, in the mall. "Hey, Mr. P!" the boys
called, or "Hey, Coach Pro."
But since his only son, Anthony, had been found
dead in Belmont County, Ohio, in late December, life had slowly
been draining from Carmen.
"Anthony was on my mind all day," he said. "I
could still teach. I still wanted to teach. I still had a good
time with the kids. But all day long when I wasn't giving a
lecture or a demonstration, he was on my mind."
He and his wife Maryann were trying to keep the
investigation into their son's death galvanized, although it had
occurred in a different state 70 miles from their Baldwin Borough
home. What kept them going was their unshakable faith that their
son did not kill himself, that he had, instead, been murdered.
They even established a $5,000 reward for information in the case.
Although investigators tried to keep them
abreast of developments in the case, there just weren't many to
share.
Sixty-one pieces of evidence from the scene
that had been submitted to the Ohio Bureau of Criminal
Identification and Investigation, including two hairs found in
Anthony's otherwise spotless car, were dead ends. The hat found
near his body didn't belong to him.
Handwriting analysis of the medical school
memorial book turned up nothing. NASA satellite photos taken
during late December of the site where the body was found weren't
helpful. And a meeting of the Belmont County grand jury to take
the testimony of Anthony's medical school peers adjourned without
an indictment.
But there was one piece of information that
Olen Martin, chief deputy with the Belmont County Sheriff's Office
and the lead investigator into Anthony's death, shared with no
one. A man in a photograph found near the back door of Anthony's
Cincinnati apartment had been identified by a waitress at the
Bella Via restaurant in Elm Grove, W.Va., as having accompanied
Anthony there in late December. The man was a match for the
composite sketch that had been circulated in a three-state area
since January.
By summer 1998 Deputy Martin identified the man
as Peter van Wordragen, a former co-worker of Anthony's at the GM
plant in Warren, Ohio, and though he had made e-mail contact with
him once, the suspect had not responded to subsequent efforts.
Through the help of the FBI and Interpol, he
flew to Germany in October and confronted Mr. van Wordragen in
Frankfurt, where he was working. But his alibi was solid, and the
deputy returned to Ohio deflated and dejected.
Just two weeks later, the investigation
received a jump start, when Belmont County Coroner Dr. Manuel
Villaverde changed his ruling of the cause of death from suicide
to "could not be determined." The change would make it easier for
investigators to seek records and the help of other law
enforcement agencies.
It had taken months of pressure from two U.S.
congressmen, Mike Doyle, D-Swissvale, whose district includes the
Provianos' home, and Bob Ney, a Republican from St. Clairsville,
to force the change. But the coroner had also been hearing from
his county prosecutor, Frank Pierce.
In a letter to Dr. Villaverde, the prosecutor
wrote that by not changing the cause of death from suicide, he
risked "the possibility that potential jurors in future murder
cases may develop a negative attitude toward you that will harm
the prosecution."
Dr. Villaverde said he changed the cause of
death to "be nice to the family."
"I still think it's a suicide," he said.
*****
A Life Interrupted: A handwritten letter
surfaces
The letter that arrived March 12, 1999, at the
office of Greene County District Attorney David Pollock was
distinguishable by the red printed return address: P.O. Box 200,
Camp Hill, PA 15601.
He knew immediately it was from an inmate at
the state correctional institution in Camp Hill. He rarely
received such mail. But an even bigger surprise was the letter's
content.
The inmate, Richard Mraz, claimed that a former
drug ring member admitted shooting Anthony Proviano in December
1997.
The district attorney faxed the letter to Olen
Martin, chief deputy at the Belmont County, Ohio Sheriff's Office
and lead investigator into Anthony's death. Deputy Martin read the
single-page handwritten letter twice and leaned back in his office
chair.
After 16 months of leads in the case going
nowhere, this was something. According to the letter, two people
-- Douglas Ray Main, 37, and Marlene "Slim" Smith, 43, both of
Washington, Pa. -- killed Anthony after she promised him sex and
the subsequent robbery attempt went awry.
According to the ungrammatical letter, Mr. Main
admitted killing Anthony "with the guys own gun happened around
x-mas time probably 97 Unsolved Homicide."
Both of them were already in prison for their
roles in the same drug ring that had landed Mr. Mraz in jail, too.
The deputy knew that the letter, which also
mentioned the wrapped Christmas gifts in the trunk of Anthony's
car and the deserted township road where his body was found, could
have been cobbled from information already published in the media.
Still, the involvement of what he called "the
criminal element" made this the case's biggest break in 14 months.
Mr. Main and Ms. Smith, who were formerly married, lived close to
Belmont County and had criminal records. It didn't take much
digging to determine the connections between them and Mr. Mraz led
directly to Charles W. Dailey Jr.
With a voice rough as rust, a mind for numbers
and the physical size to intimidate, Mr. Dailey masterminded the
largest heroin ring in Greene County, catering primarily to
customers in adjoining Washington County. The ring sold up to
1,000 packets of heroin a week.
In May 1998, Mr. Dailey and his wife, father
and brother plus seven others, including Mr. Main, Mr. Mraz and
Ms. Smith, had been arrested, charged and later convicted of
selling heroin and running a corrupt organization from his
hillside compound.
Before their trials, Mr. Main and Ms. Smith
told prosecutors they would be willing to testify against Mr.
Dailey. Their help wasn't needed; his own brother provided the
most damaging testimony.
Now, in the space of two days in mid-March
1999, the deputy had interviewed Mr. Mraz, Mr. Dailey and Ms.
Smith at their respective prisons. The two men said their
information about Anthony's death came straight from Mr. Main.
According to Mr. Dailey, his conversation with
Doug Main occurred while parked at a St. Clairsville, Ohio, mall
in Belmont County preparing to shoplift. Mr. Main was nervous, Mr.
Dailey recalled, and said, "I can't get caught here." When asked
to explain he said, "me and Slim was gonna rob this guy and I shot
him with his own gun." Mr. Main claimed "he hit the guy so hard he
knocked him out of his shoes."
Mr. Dailey and Mr. Mraz were willing to take
polygraph tests and provide fingerprints and hair samples.
Ms. Smith, however, was not. But when Olen
Martin pulled out a photograph of Anthony and threw it on the
table in front of her during their long interview, her eyes welled
with tears.
"I have to talk to Doug," was all she'd say.
With a criminal record stretching back more
than a decade for disorderly conduct, simple assault and retail
theft, Mr. Main was well known to Washington County law
enforcement. The Navy vet had been married to Ms. Smith from 1992
to 1994, and lived with her in a Washington County motel between
September 1997 and February 1998 before moving together into the
Dailey compound.
Within days, Deputy Martin had secured a search
warrant to retrieve samples of Mr. Main's hair, his photographs
and his fingerprints under the Ohio state code for aggravated
murder.
*****
A Life Interrupted: The hairs don't match --
and a new cause of death
Olen Martin had known it was a long shot from
the start, the chance that the only two hairs recovered from
Anthony Proviano's car would match either Doug Main or his
ex-wife, Marlene "Slim" Smith, the main suspects in the case.
The chief deputy of the Belmont County, Ohio,
sheriff's office had been in law enforcement long enough to
realize that promising leads were never more than that until they
were.
The state lab told him at the end of the summer
of 1999 that the hairs did not match. That seemed to matter less
to the media and the parents of Anthony Proviano than the results
of two polygraph tests showing that Doug Main was 99.9 percent
deceptive in answering the question "Did you have anything to do
with Anthony Proviano's death?"
What troubled Deputy Martin, though, were the
polygraph results showing that former drug ring leader Charles
Dailey Jr. was telling the truth.
A master of manipulation, Mr. Dailey made no
secret of his willingness to share information about the Proviano
case with law enforcement officials -- for a price. He wanted his
four- to eight-year sentence on drug charges shortened. He wanted
to be moved to a different prison. He wanted to be moved to a
halfway house.
Between 1999 and 2001 he parceled out several
pieces of tantalizing information that directly linked Marlene
Smith to Anthony Proviano.
He said she took him to the St. Clairsville,
Ohio, Days Inn parking lot on Dec. 26, 1997 and tried to sell him
a red Z28 Camaro. She opened the driver's side door and removed a
small white box containing a woman's bracelet reading "No. 1 Mom."
And she wiped down the door and the interior of the car with her
hooded sweatshirt to remove all fingerprints.
But that wasn't all that was on the deputy's
mind. A September 1999 quadruple homicide in Belmont County -- he
flew to New York's JFK Airport to arrest the suspect -- generated
international headlines and required his full attention. And the
lack of progress on Anthony's case was making it more difficult to
find county funds for the investigation. That same month he handed
off primary responsibility for the case to Deputy Bart Giesey.
Doug Main's parole on his drug charges a month
later was a blow not only to investigators but also to Anthony's
parents.
Carmen and Maryann Proviano were determined not
to let the case die. In December, they filed suit against Belmont
County Coroner Dr. Manuel Villaverde, seeking monetary damages for
"arbitrarily, recklessly, wantonly and in bad faith" ruling that
their son committed suicide.
Throughout 2000 they regularly called Belmont
County Prosecutor Frank Pierce's office, pushing him to get more
involved in the case.
He tried to sympathize with them, telling
Carmen, "I know how you feel."
"Like hell you know how I feel," Carmen
replied.
In October that year they campaigned in Belmont
County for Dr. Villaverde's opponent in the county coroner's race.
The challenger, Dr. Gene Kennedy, won the November election by a
more than 2-to-1 margin, the first Republican county-wide win in
20 years.
By fall 2001, not only had the Provianos
settled their lawsuit, but their campaign efforts paid off: The
new coroner changed Anthony's cause of death from "could not be
determined" to "homicide."
But Olen Martin had decided to leave the
Belmont County sheriff's office for a different job. And Anthony's
murder was no closer to being solved.
*****
A Life Interrupted: A retired detective
offers to help
Bill Fera's life was working just fine in 2002.
Retired before he was 60. Playing golf. Spending time with his
wife. Kids gone from home.
His 10 years with the Allegheny County Police
-- seven as a homicide detective -- and 20 years with the H.J.
Heinz Co. in human resources and corporate security were far
behind him.
But what had begun for him as a vague sense of
loss had grown into a deep need to help right a wrong. He picked
up the phone in June and called Carmen and Maryann Proviano.
Their son Anthony's death around the 1997
Christmas holiday had troubled him, he told them. His own son had
been in medical school at the time. Anthony's life had been full
of such promise. If the Provianos were willing, he would work the
case.
They immediately agreed. They had been feeling
ignored. They had called, visited and pleaded with prosecutors and
Deputy Bart Giesey, the only investigator on the case since the
departure of Olen Martin in mid-2001, to move forward with the
case.
Within days they drove with Mr. Fera to the
Belmont County, Ohio, sheriff's office, where the bulk of the case
file was turned over to him.
Mr. Fera was appalled at the status of the
case. Virtually nothing had been done for a year. One of the first
things he did was contact Chris Kelly, chief of the Baldwin
Borough police. Involved in the case since the first day, the
chief also had chafed over the case's sluggish progress;
investigators had failed to identify and interview witnesses,
correspondence wasn't answered and the two people he believed were
prime suspects -- Ms. Smith and Mr. Main -- were walking free.
Mr. Fera and Chief Kelly were convinced that
Ohio prosecutors weren't interested in pursuing the case, and the
lack of indictments from two Belmont County grand juries in 2002
only bolstered their belief. The chief called it "incompetence at
the highest levels." Mr. Fera re-interviewed everyone involved in
the case. He traveled to Arizona and Florida to track down leads.
One of his first calls was to Ms. Smith.
He knew this much: Ms. Smith had a brother who
died of alcohol poisoning and her father had an affair with her
stepsister that resulted in three children. Nicknamed Slim Goody
as a kid, she was a high school dropout. Divorced twice, she
hadn't seen the son from her first marriage in years. And she was
a longtime heroin addict made mean, people said, when she was
strung out.
He called her cell phone and offered her a
chance to tell him "how she and Doug killed Anthony Proviano."
"You can't prove anything," she said.
But I will, he told her, lying that he had DNA
evidence linking her to the crime.
She immediately shaved her head, thinking it
would prevent her DNA from being taken.
In early 2003, former drug ring leader Charles
Dailey Jr. called the chief. He said Ms. Smith had come into his
pawn shop in Washington, Pa., and demanded an employee give her
money "if you don't want Doug and me to do what we did to Proviano
..."
A short time later, he told the chief about a
security video from his shop in which Ms. Smith implicated Mr.
Main. In the grainy video she says, "Me and Doug robbed a guy.
Doug shot him and left him for dead. We were so scared we left all
the Christmas presents in the car."
By March, however, Mr. Dailey had disappeared
after being charged with a misdemeanor that could send him back to
prison. He insisted Chief Kelly work a deal to help him. There was
no deal, and in December he was returned to state prison.
But in August 2004, Mr. Dailey was released to
a Beaver County halfway house. He told the chief he had new
information: Ms. Smith had told him the previous fall that Doug
Main's mother had offered her $5,000 if she could find a blue
headband on an overgrown hill near the St. Clairsville Days Inn.
Ms. Smith had asked Mr. Dailey to help. They tried to find it but
failed.
Mr. Dailey mailed Chief Kelly a map of that
search. A few days later, the chief and Mr. Fera checked him out
of the halfway house to accompany them to the site.
After 25 minutes of searching the deep, wet
undergrowth they found the blue headband.
Two months later, on Oct. 22, 2004, a secret
session of the Belmont County grand jury returned joint
indictments against Mr. Main and Ms. Smith, charging them with
murder and conspiracy to commit murder in the death of Anthony
Proviano.
*****
A Life Interrupted: A trial date is set --
and new discoveries
The November 2004 call from Belmont County
Common Pleas Judge John M. Solovan II was to the point: Would
attorney Thomas A. Hampton serve as special prosecutor in a murder
case scheduled for 2005?
A longtime prosecuting attorney in Belmont
County, Ohio, the 54-year-old Mr. Hampton had been special
prosecutor in a 1993 child rape case in which the defendant was
sentenced to eight consecutive life terms.
That case was an anomaly, though. He had 13
years' experience prosecuting drug and other felony cases, but
when Judge Solovan called, his practice was comfortably busy, and
time with his wife and on the tennis courts were equal priorities
with it.
"Sorry, judge, what case is that?" he asked.
The three boxes of evidence in the Anthony
Proviano case didn't overwhelm him. What did, initially, was
realizing how much remained to be done before Douglas Main's
scheduled Jan. 4, 2005, trial on charges of murdering the
29-year-old medical student in December 1997.
Under Ohio's speedy trial law, defendants in
custody must be tried within 90 days or released; more than
two-thirds of Mr. Main's time already had passed.
In addition, Mr. Hampton discovered that
evidence was missing from the Belmont County sheriff's office.
Worst of all was the realization that the success of his
prosecution rested on the credibility of Charles W. Dailey Jr.
While Mr. Dailey had shared important
information with investigators during the past few years, it was
parceled out according to how it might best serve his own
interests. The special prosecutor knew that having the former head
of a heroin ring and his friends as his key witnesses was a poor
formula for success.
He continued the January trial date until
April. In February, Mr. Hampton offered a plea agreement to
Marlene "Slim" Smith, Mr. Main's ex-wife. In prison on murder
charges in the case since October, she could plead to lower-level
felonies in exchange for testimony against Doug.
But, he said, "it has to be true and it has to
be something you can pass a polygraph [test] on."
She laughed at him.
A few weeks later, Deputy Bart Giesey, for
nearly three years the sole investigator in the case, was let go
in a reorganization by the new Belmont County sheriff.
In May, facing trial, Mr. Hampton reached an
agreement with Mr. Main's attorney that his client's speedy trial
rights would be suspended in exchange for release on his own
recognizance.
By summer 2005, the special prosecutor knew the
case against Mr. Main was weak: no witnesses, no fingerprints, no
footprints, no matching hair fibers.
But three events that summer turned the case on
its head. The first was the hiring of Charles Snyder, a veteran
Ohio Bureau of Criminal Identification & Investigation agent in
Boardman and former Akron police homicide detective, to assist Mr.
Hampton.
The second was the discovery that the DNA in
the gloves found near Anthony's body did not match anyone
connected with the case.
The third was arrival of two anonymous
envelopes at Mr. Hampton's office. They contained papers and
writings of Ms. Smith, who, under speedy trial laws, had been
released in July from the Belmont County Jail.
Mr. Hampton read the material and immediately
sealed the envelopes to be used as evidence in any upcoming trial.
Mr. Snyder set out to discover who'd sent them.
Her name was Leslie Long and her story was so
compelling that the prosecution immediately arranged for a
polygraph test. The results were "inconclusive," but her
information rang more true to Mr. Hampton than his entire case
against Mr. Main.
He kept the details to himself and Agent
Snyder, but in November, a year after joining the case, he dropped
Mr. Main's murder charges. The move infuriated Anthony's parents,
Carmen and Maryann Proviano.
Because of Ms. Smith's antics in the courtroom
during previous hearings, a series of competency hearings were
held that fall to make sure she could stand trial in early 2006.
Mr. Hampton, meanwhile, had set up "Proviano
tables" in his law office, where he spread his growing case file.
He had turned the guest room at home into a second office where he
often pored over court documents and investigators' notes at 3
a.m. The case was consuming him; his regular practice suffered.
Ms. Smith's trial was finally set for
mid-February. The special prosecutor knew his work had really just
begun.
*****
A Life Interrupted: A guilty verdict
Special prosecutor Thomas A. Hampton stood
behind the laptop computer that blinked images of Anthony Proviano
onto a wall for the jury. His Feb. 13, 2006 opening statement,
tinged with accents of his Georgia upbringing, slowly began
building the murder case against Marlene "Slim" Smith.
She watched from the defense table, her orange
prison jumpsuit replaced with a dark blue pants suit, her bleached
blonde hair now gray. Earlier competency hearings had certified
her for trial in the 9-year-old murder, but even in the darkened
Belmont County, Ohio courtroom people could see her inexplicably
break into broad grins as Mr. Hampton told the jury of her
involvement.
During his 40-minute presentation, Mr. Hampton
revisited the history of the investigation -- Mr. Proviano's plan
of joining his parents at their Baldwin Borough home for
Christmas, his renting a room at the St. Clairsville Days Inn, his
body found with a single chest wound, the original suicide ruling
by the former Belmont County coroner, the prison inmate's letter
that first implicated Ms. Smith, her effort to sell Mr. Proviano's
car.
Over the next week as the trial moved forward,
the principles testified: Carmen and Maryann Proviano, Baldwin
police Officers Matthew Kearns and Robert Artman, former
investigator Olen Martin, Ms. Smith's ex-husband Doug Main, former
heroin ring leader Charles Dailey Jr., Baldwin Police Chief Chris
Kelly.
There were others, like Dr. Jeffrey Lee, chief
forensic pathologist in Licking County, Ohio. On an enlarged photo
of Anthony Proviano's face, he placed a life-size overlay of the
gun that killed him. The parallel marks on the right side of
Anthony Proviano's forehead not only were inflicted on him "right
around or just prior to his death," the doctor said, but they
matched the raised edges of the gun's handle.
And like Kim Reising, a Baldwin police officer,
who had been in contact with Ms. Smith for three years. At 2:17
a.m. on Feb. 26, 2003, Marlene called her and left a voice
message, but forgot afterward to hang up her own phone.
The tape recording was a cacophony of shouts
and curses. One part, however, was very clear.
"I'm a murderer!" Ms. Smith shouts. "You heard
that? I'm a murderer!"
And like Leslie Long, owner of a master's
degree and a nine-year sentence for attempting to murder her
husband. She and Ms. Smith became friends while both were in the
Belmont County Jail from March to September 2005. She recalled Ms.
Smith kept a newspaper photo of Anthony Proviano on her cell wall.
Ms. Long had anonymously mailed documents to
the special prosecutor that were found in the jail trash. The
papers were discovery documents that Ms. Smith's attorney had
given her. In the margins, she had scribbled various things,
including "His name was Tony. He wanted to party. He was so soft +
sexy, very much a gentleman."
The documents were important to Mr. Hampton not
so much for what they said but for leading him to someone who had
talked with Ms. Smith. And in court, Ms. Long's testimony was
potent.
"[Marlene] told me she was starved" for drugs,
Ms. Long said. She said that when she was on drugs "she was very
bold, not afraid to do anything. She liked to torture people.
"She told me he had been hit in the head with a
gun three times and that he had been shot. She led me to believe
she was not alone. She just always said the name 'Doug.' "
Mr. Hampton hammered all the points home in his
closing statement.
"She was responsible," he said of Ms. Smith.
"She feels guilty. She was there. She shot him. She killed him."
After 10 hours of deliberation over two days,
the jury returned its verdict: guilty.
On a back bench in the courtroom, Carmen and
Maryann Proviano hugged and cried.
Jury members, who had steadfastly avoided
looking at Anthony Proviano's parents, now stared sadly at them.
After her attorney said he'd appeal, Marlene
Smith was led out in handcuffs into a phalanx of TV lights.
She just smiled.
*****
A Life Interrupted: The Epilogue
Many things made sense in the end.
In March 2006, Marlene Smith was sentenced to
serve 18 years to life in prison for Anthony Proviano's murder.
Eleven months later, a Belmont County, Ohio,
jury found her ex-husband, Doug Main, not guilty of perjury and
obstruction in the case. The jury deliberated less than three
hours before returning its verdict.
Special prosecutor Thomas A. Hampton wasn't
surprised. He knew going into the trial the case against Mr. Main
was weak.
Accordingly, on April 24, he dismissed
obstruction and perjury charges against Douglas St. Clair.
Testimony at the earlier trials had revealed
Mr. St. Clair's personal relationship with Ms. Smith during the
time of Anthony's murder. But the same prosecution witnesses from
Mr. Main's trial would have taken the stand, and jurors told Mr.
Hampton they were not believable.
Briefs have been filed in Ms. Smith's appeal,
but the court of appeals has not scheduled a date for oral
arguments.
She has not spoken about the case.
Many other issues, however, remain unresolved.
It's unknown how Anthony met Ms. Smith, or
where. Neither have there been answers to why Anthony rented a
hotel room, how his gun was used, and how Mr. Main and Mr. St.
Clair were involved.
The most important question of all is the one
that will never be answered: Why did this happen to Anthony?
His medical school classmates are now in
practice, with families and careers. His beloved Z28 Camaro was
sold years ago. Photos of him through his first 29 years adorn his
parents' home.
A singular pain holds parents who lose a child
to murder. The inexplicability and immensity of loss never leave.
Any unremarkable part of every day can unexpectedly produce pain.
Anthony's parents believe he intended to help
Ms. Smith by getting her a hotel room that cold December night.
They'll continue believing that as long as the grim truth remains
unknown.
The victim
Anthony Proviano
The body of Anthony Proviano is taken out of the woods
near the
Days Inn
in St. Clairsville, Ohio.
(Matt Freed, Post-Gazette)