Mary Jane Fonder

Case record: Mary Jane Fonder

Overview

Mary Jane Fonder (born July 5, 1942) was an American criminal who murdered Rhonda Smith, a fellow congregant, inside their church in Bucks County, Pennsylvania in 2008. She received a life sentence.

Fonder was also investigated, but not charged, in connection with the disappearance of her father, Edward Fonder III, in 1993.

People

• Mary Jane Fonder — defendant; member of the Trinity Evangelical Lutheran Church for 14 years; born July 5, 1942.
• Rhonda Smith — victim; age 42; fellow congregant; volunteer worker at the Trinity Evangelical Lutheran Church office in Springfield Township, Pennsylvania.
• Pastor Gregory Shreaves — church pastor referenced in testimony and statements.
• Edward Fonder III — Fonder’s father; age 80 at the time of disappearance in 1993.
• Edward Fonder IV — Fonder’s brother.
• Alice — Fonder’s mother.
• Kimberly Triol — Springfield Township police officer who led the investigation into Edward Fonder III’s disappearance.
• Dorothy Smith — Rhonda Smith’s mother.
• Jim Smith — Rhonda Smith’s father.
• Michelle Henry — Bucks County District Attorney.
• Paul Rose — church spokesman.
• David Zellis — first assistant district attorney.
• Michael Applebaum — Fonder’s trial attorney.
• Ann Russavage-Faust — Fonder’s attorney for the appeal (Bucks County Public Defenders office).
• Amanda Cregan — reporter who interviewed Fonder in prison.
• Dan Stamm and Jillian Mele — NBCPhiladelphia.com reporters.

Timeline

• July 5, 1942 — Mary Jane Fonder was born.
• 1987 — Fonder moved back to Springfield Township to care for her aging parents.
• 1992 — Fonder’s mother had a leg amputated due to circulation problems; she died after spending four months in a coma.
• August 26, 1993 — Edward Fonder III disappeared from the Springfield Township residence shared with his daughter.
• January 23, 2008 — Rhonda Smith was shot as she did volunteer work in the office of the Trinity Evangelical Lutheran Church in Springfield Township, Pennsylvania.
• April 1, 2008 — Fonder was arrested for Smith’s murder.
• October 21, 2008 — Fonder’s trial began.
• October 30, 2008 — a jury found Fonder guilty of first-degree murder and possession of an instrument of crime.
• December 5, 2008 — Fonder was sentenced to serve life in prison.
• February 2010 — Fonder dropped her appeal of the conviction.
• January 10 (year not stated in the text) — Amanda Cregan visited Muncy State Correctional Institution and spoke with Mary Jane Fonder for two hours.

Background

Fonder grew up in West Philadelphia with her brother, Edward Fonder IV. Their father was a machinist and their mother was a proofreader.

Fonder experienced emotional problems during childhood. At age eight, her family purchased a second home in Springfield Township, a small rural town in Bucks County, Pennsylvania.

Fonder attended John Bartram High School in Philadelphia but had difficulty with her schoolwork due to emotional issues. She was institutionalized for one month after attempting to commit suicide by overdosing on chloral hydrate. Shortly afterward, she dropped out of high school and her social interactions became increasingly difficult.

During early adulthood, she worked various jobs, including at a ceramics studio, a department store, various knitting factories, and the J.P. Lippincott publishing company, where she worked as a punchcard operator.

In 1987, at age 45, Fonder moved back to Springfield Township to care for her aging parents. In 1992, Fonder’s mother had a leg amputated due to circulation problems; the surgery went badly and she died after spending four months in a coma.

Fonder did not start dating until her late thirties and never formed serious romantic relationships.

Fonder later claimed that after two of her father’s elderly cousins visited from the Philadelphia area and harshly criticized how she ate chicken, her relationship with her father became damaged beyond repair.

The offence: Murder of Rhonda Smith

Rhonda Smith, age 42, was shot as she did volunteer work in the office of the Trinity Evangelical Lutheran Church in Springfield Township, Pennsylvania on January 23, 2008. Smith was shot twice in the head and died at a hospital after being disconnected from life support.

Fonder was 65 at the time. Fonder became a suspect early in the investigation after the church pastor told police about her history of inappropriate behavior, which included leaving rambling voicemail messages and surreptitiously placing food in the pastor’s kitchen without his knowledge or consent.

Police and prosecutors said Fonder called the church on the day of the murder and discovered that Smith would be alone in the church’s office that day.

Fonder often wore a wig. After shooting Smith, Fonder kept an appointment to have her natural hair washed and styled; she left her wig at the hair salon, where police later retrieved it.

At trial, prosecutors argued that Fonder, a member of the Trinity Evangelical Lutheran Church for 14 years, was jealous of new member Smith, who had received sympathetic attention and some financial assistance from the church’s pastor and congregants.

Fonder’s defense attorney told the court that Fonder was not present at the scene of the crime and did not shoot Rhonda Smith.

Fonder’s attorney also argued that Smith’s death might have been suicide, or a homicide committed by a jealous wife or a lover.

During closing arguments, Fonder’s attorney told the jury that Mary Jane’s brother, Edward Fonder IV, was also a likely suspect, pointing out that he had hired a lawyer after finding bullet fragments in his car and notifying police.

Investigation and evidence

Gun recovery and forensic testing The break in the case came when fishermen found a 38-caliber revolver on the shore of Lake Nockamixon, with police later stating that bullets in the gun matched the ones that killed Smith.

Fonder was arrested for Smith’s murder on April 1, 2008, some weeks after the gun was found.

During police questioning, Fonder admitted to having purchased and registered a .38 and said she had thrown it into Lake Nockamixon in 1994. She gave police two different reasons for having thrown it there.

Forensic testing found that the recovered gun and ammunition had been placed in the lake much more recently, contradicting Fonder’s claims.

Police said the gun found was registered to Fonder and had been used to kill Smith.

2014 details not present No additional firearm-specific details beyond the above appeared in the provided text.

Statement about motive Police said Fonder was jealous of Smith and her relationship with their church pastor. The jealousy was described as linked to emotional and financial support from Trinity Lutheran Church and its pastor.

Bucks County District Attorney Michelle Henry told reporters: “(Fonder) indicated that she had romantic feelings for this pastor. And the issue was the victim was receiving some attention from the pastor.”

Arrest and pre-trial events

Fonder was arrested on April 1, 2008 for Smith’s murder.

NBCPhiladelphia.com reported that she was found guilty in October of first-degree murder in the killing of Smith, who was working at Trinity Evangelical Lutheran Church in Springfield Township when she was shot.

6abc.com stated that “Tonight, Fonder pleaded not guilty to first degree murder. She was denied bail.”

6abc.com also stated that since January there was speculation Smith, who battled bipolar disorder for two decades, committed suicide, and that Smith’s parents believed the arrest put that speculation to rest.

Church spokesman Paul Rose said: “We're all shocked. We're surprised and very sad that this could possibly be one of our members.”

Trial

Fonder’s trial began on October 21, 2008. On October 30, 2008, the jury found Fonder guilty of first-degree murder and possession of an instrument of crime.

Fonder maintained her innocence throughout the trial. At sentencing, she denied killing Rhonda Smith.

Sentencing

On December 5, 2008, the court sentenced Fonder to serve life in prison.

At her sentencing hearing, Fonder made the following statement:

I did not kill Rhonda Smith—I thought she was a lovely girl... and I certainly wasn't jealous of this woman for any reason.
I'm so sorry she's gone, but in the same respect, I will be gone, too.
I'm the second person in the church to be murdered, by the system.

A mental health report prepared for the case was not introduced at her sentencing.

At a Bucks County judge’s later eligibility ruling referenced in the text, Fonder was described as eligible for a public defender but required to put up her house as collateral to pay legal bills.

Appeals and post-conviction status

In February 2010, Fonder dropped her appeal of the conviction.

In the appeal described in the text, claims were made that her trial counsel was ineffective. David Zellis said: “At her sentencing, Fonder still being investigated by Bucks County prosecutors for her 80-year-old father's disappearance in 1993.”

The text also stated: “In her appeal there are claims made that her trial counsel was ineffective, he said.” It added that her trial attorney, Michael Applebaum, could not be reached for comment, and that her appeal attorney, Ann Russavage-Faust, declined to be interviewed.

The text stated that her sentence offered no chance of parole.

Outcome

Fonder was sentenced to life in prison on December 5, 2008 after being found guilty of first-degree murder and possession of an instrument of crime on October 30, 2008.

Fonder expressed acceptance and attempted reconciliation in statements after conviction. At the prison where she served her sentence, she said she felt like her destiny and that God wanted her there.

Aftermath: Prison, family, and community reactions

Fonder said she was serving life at Muncy State Correctional Institution, and reported that she could no longer imagine her life outside of prison.

She said: “I feel like this is my destiny, like God wanted me to be here,” and was described as speaking to Amanda Cregan after finishing her first year of a life sentence.

The text described that Fonder had been convicted of cold-blooded killing of Rhonda Smith and that she had maintained innocence throughout trial but later recalled events that led her there.

Fonder later said she regretted telling everyone—the judge and Smith’s family—that she was innocent.

Continuing to cope, the text described that Fonder wrote a letter to Pastor Shreaves in December apologizing for hurting him and asking for forgiveness. The pastor refused to read it and said: “I have to move on. I just had to draw a boundary and say 'I'm not going to deal with it anymore.' "

Jim Smith said: “It will never make up for his family's loss.” He said:

“It doesn't make us any happier. We gain nothing. We lost a daughter. Nothing changes my feelings right now. We're going to go through this the rest of our lives”

He also said, along with his wife, that they visited Rhonda’s grave each day and added: “No matter what happens, that's not going to bring Rhonda through this door.”

Pastor Shreaves described being changed by the event and said:

"I'll never be the same person. I always will be a different person in some ways," said Shreaves. "I'm trying to be more attentive, to look for signs of needfulness in individuals."

He also said:

"We've learned a great deal about forgiveness, and how difficult and messy that can be, and I've learned that God's grace will always overcome evil and tragedy."

Shreaves said: “Rhonda asked for help. Mary Jane didn't. If she had asked for help, we would have given it to her,” and added:

"When people have a need and let it be known, then we respond," he said.

He also said:

"I know Mary Jane struggled, and I also asked her if we could help and what we could do, and she never let me know that she needed anything. That's the best we can do."

Shreaves said:

"Mary Jane was different. I felt like she felt at home here. I think she found it as a place of comfort and safety and inclusion."

He said:

"I think its God's grace that Mary Jane is where she belongs," said Shreaves. "I'm happy for her. I'm happy that she's found a community that embraces her and that she feels a part of. We all deserve that."

Fonder communicated with family and also with elderly women from Trinity through letters. She also reported seeing a therapist and described being put on new depression and anxiety medication upon entering prison.

A newspaper report described that Fonder had lost 50 pounds and attended to prison cleaning duties, studied her Bible, did crossword puzzles, and talked with other women.

The text also stated that Fonder had no plans to continue her appeal and described the legal expense situation involving collateral on her co-owned property valued at nearly $400,000 in Kintnersville on 11 acres.

Uncharged investigation: disappearance of Edward Fonder III in 1993

Fonder was investigated, but not charged, regarding the disappearance of her father, Edward Fonder III, on August 26, 1993.

Edward Fonder III disappeared from the Springfield Township residence he shared with his daughter, Mary Jane Fonder.

Fonder claimed that while lying in bed, she heard the front door open on the morning he disappeared and believed her father was stepping outside to get the newspaper. She said she went back to sleep and later woke around 11:00 a.m. to find that her father had disappeared.

Fonder contacted police and searched unsuccessfully with neighbors.

Township police were suspicious of Fonder’s claims that her father had wandered off, citing that the elderly man had trouble moving by himself and had no money or access to his medication.

Fonder became the primary suspect for the possible homicide of her father. The investigation was led by Springfield Township police officer Kimberly Triol.

In one interview in Fonder’s home, Triol discovered a bucket filled with pinkish water, along with towels and a mop. Triol also found the corpse of a dog wrapped in plastic inside Fonder’s freezer.

Fonder displayed a Taser gun in a non-threatening manner to Triol during an interview.

Fonder initially cooperated with police but ceased contact after she perceived that Triol had attempted to elicit a confession.

In February 1994, about six months after the disappearance, Fonder voiced displeasure with police tactics, saying they had forced her to hire a lawyer and to ban police from her property.

The text also stated that Fonder remained under investigation by Bucks County prosecutors for her father’s disappearance.

Other details

The text described a claim attributed to Fonder’s family investigation and church interactions, including that she had threatened a fellow Denny’s employee and that she called the pastor so much he blocked her number.

In prison, Fonder was described as flourishing in the strict routine and as treated like a matriarch by other inmates.

The text stated that a cousin had come to see her, while she reported not having too many visitors in Muncy.

The text also said Fonder was the oldest woman convicted of murder in Bucks history.

Fonder expressed that she did not know what happened to her dad and believed he might have suffered from the same sort of blackouts and confusion as she did.

NBCPhiladelphia.com reported:

“She was just finishing up her three hour job -- [Fonder] knew to get in there and do away with her like she wanted,” said the victim's mother Dorothy Smith.

It also included the statement that police said the motive was jealousy and that Fonder maintained that she did not murder Smith, including the quote: “I didn't do it -- you can't say you're guilty when you're not,” and the quote: “Fonder said she was never jealous and that she is just another victim.”

6abc.com included the statements from James Smith and Dorothy Smith, including:

“The woman sat right close to me as you are. You know? I had no idea what was going on.”

and Dorothy Smith’s quote:

“One Sunday she had tears in her eyes. She said, 'I just talked to her. I thought she was nice,' and just agreed with us.”

It also stated:

“Investigators say in January Fonder called Smith at the church and learned she was getting emotional, financial and spiritual support from the Trinity Lutheran Church. Police say two days later Fonder shot Smith twice in the head while Smith was working in the church.”

The text described Fonder’s statement at the end of the process about forgiveness and heaven, including her belief that she would meet Rhonda Smith again in heaven.