Expert: Bloody rifle not used on Ronning

The bloody rifle confiscated from the Dyberry Township home of Jeffrey Plishka in 1991 has been ruled out as the gun that fired a .22 caliber bullet into the head of 24-year-old Laura Lynne Ronning.

District Attorney Michael Lehutsky called a firearms expert to testify in the Wednesday afternoon session.

Dan Krebs read from his 1992 ballistics report, which concluded that the .22 caliber bullet removed from the victim’s head was not fired from Plishka’s blood-stained Ithaca Magnum rifle.

“The casing at the scene and projectile were not fired from the gun that had blood on it,” Krebs stated from the conclusion of the report.

Krebs also explained to the jury the term “fire-formed,” at the request of Lehutsky.

Defense counselor Lee Krause asked Krebs why he had to explain fire forming to the jury, to which Krebs replied, “I was asked.”

Krebs’ testimony contradicts what police originally stated in the affidavit of probable cause.

According to the affidavit, state police “could not rule out this rifle from having fired the projectile recovered in the victim’s head, nor from having ejected the casing that was recovered from the crime scene.

“Additionally, the casing that was recovered has been examined and found to exhibit characteristics consistent with it being ‘fire-formed’; that is the front of the casing shows expansion from having been fired from a chamber larger than that of a .22 caliber, such as of a .22 caliber Magnum.”

Jeffrey Plishka, 47, has been charged with first-, second- and third-degree murder, and attempted rape and attempted involuntary deviate sexual intercourse in the 1991 death of Camp Cayuga counselor Laura Lynne Ronning.

Lehutsky called upon eight forensic witnesses to testify about DNA found underneath Ronning’s fingernails, her bloody clothing and the rifle.

Forensic experts read from past reports which tested different blood samples, including the blood found on the Ithaca Magnum rifle. Test results from the blood sample on the rifle excluded Plishka, or anyone from his paternal blood line, as a source of the blood. The results did state that Ronning could not be excluded as a source of the blood.

However, Lisa Shutufski, a state police forensic scientist, said no conclusive DNA match could be made from the “minute” amount of blood on the rifle.

During testimony, no direct connection was made between Plishka and blood found underneath the fingernails of the victim, however forensic evidence shows that he could not be excluded as a source.

DNA analyst Barbara Leal said that tests on DNA extracted from underneath the fingernails of Ronning did say that Plishka could not be excluded as a possible contributor to the DNA mixture, which also showed other male contributors.
The type of test is used not used to identify individuals, but the gender of the DNA found.

“Jeffrey James Plishka could not be excluded as a contributor to the mixture,” Leal stated from her report.

During cross examination of Leal, Krause questioned the method of testing and the results. Leal agreed with Krause when he asked if “one out of every two” Caucasian males could be excluded.

“Thousands, if not hundreds of thousands” could be included, Krause asked. Leal said the test is an exclusion test, and does not include people.

Retired state trooper Herman Todd finished his testimony Wednesday morning, describing for the jury consent searches of Plishka’s home and two vehicles.

Todd said police confiscated a number of .22 caliber long-range rifles, pistols and the Ithaca Magnum rifle.

But, he also said there was no evidence that Ronning was ever in Plishka’s two vehicles after running tests on door panels and items found in the vehicles. Todd said there was no evidence of cleaning or wiping marks.

Todd also said police had inspected Plishka for bruises a few days after Ronning’s murder, but he had no visible bruises except a scratch on his face.

Krause asked Todd if he had ascertained where Ronning was on the days leading to her death.
“Not to my knowledge,” Todd said.

Todd said he was aware that Ronning was at K-Mart the day before her disappearance with a roommate, and that there was a vehicle parked outside Camp Cayuga with the same individuals she met at K-Mart.

Lehutsky had multiple objections to the information about the individuals from K-Mart, saying there was a lack of foundation and that it was hearsay.

Testimony continues Thursday at 9 a.m. in the Wayne County Courthouse.