Evidentiary Hearing Slated In Heath Murder Case

By Andrew Gorosko

DANBURY — A Danbury Superior Court judge this week scheduled a probable cause hearing for next month in the prosecution of John Sherman Heath, 68, of Bridgewater for allegedly murdering his then-wife Elizabeth Gough Heath, 32, in April 1984, at their Poverty Hollow Road home in Newtown.

On May 16, Judge John Blawie slated the probable cause hearing for June 19. At such proceedings, the prosecution presents evidence to allow a judge to determine whether there is enough evidence, or “probable cause,” to believe that the defendant committed the crime and thus require a trial of the case.

In court at his May 1 arraignment on the murder charge, Mr Heath pleaded not guilty and elected to have a jury trial.

Newtown police arrested Mr Heath on a warrant on April 30. He is being held as a prisoner on $1 million bail at Bridgeport Correctional Center. The murder charge is a Class A felony.

Attorney Francis L. O’Reilly of Fairfield, who is serving as the special public defender for Mr Heath, told Judge Blawie in court that he is waiting to receive additional evidence in the case from the prosecutor.

State’s Attorney Stephen J. Sedensky III said that more evidentiary information would be given to Mr O’Reilly soon for his review in preparing for the probable cause hearing.

During his brief court appearance, Mr Heath sat at a desk in Courtroom 3 breathing oxygen through a plastic cannula attached to an oxygen canister. Mr Heath has chronic obstructive pulmonary disease. As he walked to and from that desk with the aid of a cane, he had noticeably labored breathing. Mr Heath is a retired house painter.

Mr Heath’s wife, Raquel, who was accompanied by three women, attended the May 16 court session, but was not present in the courtroom during Mr Heath’s brief appearance.

Following his client’s court appearance, Mr O’Reilly said that Mr Heath maintains his innocence.

A “vigorous defense” against the murder charge will be mounted and every issue raised by the prosecution will be litigated, Mr O’Reilly said.

The defense is in the initial stages of its investigation and will be receiving additional information from the prosecution for its review, he said.

The court required a special public defender for Mr Heath to avoid any possible conflict of interest because two former Newtown police detectives have worked as investigators in the Danbury public defender’s office.

Evidence described in the 27-page arrest warrant affidavit for the murder charge creates a circumstantial case against Mr Heath, listing the many elements of the situation which led police to conclude that he murdered his wife.

The chief state’s medical examiner determined through an autopsy that Elizabeth Heath’s homicide was caused by a “blunt traumatic head injury,” or a forceful blow to the head. The medical examiner also determined that the victim’s left forearm had been broken, consistent with an assault having occurred against her.

Elizabeth Heath’s death occurred shortly after John Heath had filed divorce papers against her, according to police.

On April 6, 1984, John reported Elizabeth missing to Newtown police. John claimed in a written statement to police that Elizabeth had left her car at their 89 Poverty Hollow Road home and only took about $600 with her, adding that she had not left a note explaining her actions and had not been in contact with him or friends since April 1.

On August 14, 1984, John Heath received a divorce in court.

On June 16, 1985, John Heath married Raquel Figueroa, whom John Heath had added as an owner of the 89 Poverty Hollow Road property on February 5, 1985.

“Raquel was described by friends and family to be good friends with Elizabeth and also the babysitter for Meghann [Heath],” according to the affidavit. The Heaths’ daughter, Meaghann was born in September 1979.

On March 31, 1991, Elizabeth Heath was declared as “‘presumed dead”’ in probate court documents.

On June 14, 2004, John and Raquel Heath’s property at 89 Poverty Hollow Road was foreclosed.

Kenneth J. Wright, MD,  purchased that property on September 18, 2007.

On April 14, 2010, Elizabeth Heath’s skeletal remains were found by Dr Wright and his son Jordan as they were renovating a room that was inside the lower level of a barn at the property. The remains were found well hidden within a structure lying beneath some flooring there.

Police were notified that a skeleton had been found and responded to the property to investigate, resulting in Mr Heath’s recent arrest.

On April 29, 2010, police executed a search-and-seizure warrant at Heath’s Bridgewater rental home and collected various evidence for their murder investigation.

Items seized there were similar to items that were found within a structure beneath the floor where Elizabeth Heath’s complete skeleton was found at 89 Poverty Hollow Road, according to the affidavit.

Police had considered the disappearance of Ms Heath a cold case, or a probe into which the investigatory leads had grown cold, until the discovery of her skeletal remains provided fresh information for their two-year investigation.