Holly McFeeture

Case details

Holly McFeeture was convicted of poisoning Matthew Podolak with antifreeze and was sentenced to life in prison with a possibility of parole after 30 years on August 28, 2013.

Timeline

• July 31, 2006 — Matthew Podolak died after being taken by ambulance to Parma General Hospital the previous day.
• January 2006 — Matthew Podolak’s death occurred in January 2006, and Holly McFeeture was a suspect from that death.
• March 2010 — The death was ruled a homicide based on a tip received by Cleveland police.
• July 20, 2006 — Podolak went to the doctor for lower back pain and was treated for kidney stones, and died the next day.
• July 18, 2013 — A former boyfriend testified that McFeeture said she had spiked Podolak’s drink in 2008.
• July 24, 2013 — McFeeture was found guilty.
• July 26, 2012 — McFeeture was arrested for aggravated murder and contaminating substance for human consumption.
• July 27, 2012 — McFeeture was accused of poisoning her fiancé with antifreeze.
• August 28, 2013 — Judge Brian Corrigan denied motions to overturn jury verdicts and order a new trial, and sentenced McFeeture to life in prison with eligibility for parole after 30 years.

Background

Holly McFeeture was a Cleveland woman who coached youth baseball. Matthew Podolak was the father of two of McFeeture’s children; they lived together on Archmere Avenue in Cleveland with their two children, ages 2 and 6 months, and with McFeeture’s 8-year-old from another relationship. Matthew Podolak’s family looked forward to seeing Samantha, 9 and Joshua, 7. Matthew Podolak’s older brother, Mark Podolak, pushed over the years to get police and prosecutors to take a closer look at the case.

Matthew Podolak complained of back pain and was treated for kidney stones. His family maintained he was never suicidal. McFeeture’s attorneys argued that Podolak intentionally ingested a lethal dose of antifreeze to commit suicide, and that their client did not kill him.

The offence

Prosecutors said McFeeture poisoned Podolak by pouring antifreeze in his raspberry tea over weeks and possibly months in order to kill him and end the relationship. The poisoning was described as likely involving the tea he routinely drank.

A pathologist concluded Podolak died from intoxication by ethylene glycol, the active ingredient in antifreeze. Prosecutors said the coroner ruled it intoxication by ethylene glycol and left the manner of death undetermined. Prosecutors said later the death was ruled a homicide based on a tip received by Cleveland police, which ruled out suicide or accidental death.

Defense lawyers maintained Podolak took a lethal dose of antifreeze mixed with his tea to kill himself, in part because of problems he was experiencing at home and at work. They also intended to support their claims by having an expert witness testify that Podolak died after ingesting a single dose rather than from multiple doses over time. Jordan also argued that the jury should not have been able to hear testimony from a doctor who did not review Podolak’s medical records and that the doctor’s statement about pain that could have been related to antifreeze poisoning months before Podolak died was a blanket statement meant to fit his theory.

Investigation

McFeeture was described as a suspect since the January 2006 death of Matthew Podolak. She was not charged until 2012 after Cleveland police received a tip that the poisoning was not an accident or a suicide. Assistant Cuyahoga County Prosecutor Brian McDonough said information changed in March 2010 when the death was ruled a homicide based on a tip received by Cleveland police.

Prosecutors said police did not suspect anyone else was involved in Podolak’s death, but they thought there were people with information who had yet to come forward.

Cleveland Police Officer Charles Lipscomb testified that he dated McFeeture for about a year after Podolak had died, but broke off the relationship after receiving information about Podolak from a Cleveland detective; Lipscomb was not asked what that information was.

Arrest and charges

McFeeture was arrested on July 26, 2012 for aggravated murder and contaminating substance for human consumption. She was indicted earlier that week and was scheduled to be arraigned on charges of aggravated murder and one count of contaminating substance for human consumption.

Trial

Court and judge

McFeeture went on trial before Cuyahoga County Common Pleas Judge Brian Corrigan.

Prosecution witnesses and evidence

Prosecutors contended that McFeeture wanted out of her relationship with Podolak and began lacing his red raspberry iced tea with antifreeze over several weeks. Jamison Kennedy was a key witness, and the court considered his testimony about what McFeeture told him.

Cuyahoga County Medical Examiner’s Office pathologist Dan Galita testified that Podolak died from chronic intoxication of ethylene glycol, the active ingredient in antifreeze.

Former acquaintances of McFeeture were called to testify for the prosecution, including Rebecca Vega, who became friends with McFeeture when their children went to school and played softball together. Vega said she cut off her relationship with McFeeture after learning that the cause of Podolak’s death was undetermined and that the coroner thought it was poisoning.

Cleveland Police Officer Charles Lipscomb testified about dating McFeeture and breaking off the relationship after receiving information about Podolak from a Cleveland detective. Another man, Sean Walsh, testified that he tried to develop a relationship with McFeeture, but that she was not interested. He said McFeeture told him that Podolak died in “an industrial accident.”

Jamison Kennedy testimony and related disputes

Jamison Kennedy dated McFeeture while she was tending bar at the Dirty Dog Tavern in Cleveland. Kennedy testified that after dinner and sex, McFeeture started crying and told him about a homicide investigation into the death of Podolak and that she “was sorry for what she had done.” When asked what she said, Kennedy replied, “On her words, that she had put something in his drink.”

McFeeture was not in the courtroom to hear Kennedy’s testimony. She began to sob after Assistant County Attorney Brian McDonough told Judge Corrigan that he planned to call Kennedy as a witness. Corrigan allowed McFeeture to be outside the courtroom while Kennedy was on the stand. Bret Jordan said after the trial recessed for the day that Jordan and attorney Bill Summers asked Corrigan to let McFeeture step outside the courtroom because “she was unable to compose herself.” Jordan said: “She's gone through seven years of torment and accusations and it's all because of him,”

Jordan said they did not get their chance to cross-examine Kennedy before the recess.

Corrigan said he believed there was plenty of testimony on the character and credibility of the main witness, Jamison Kennedy.

Prosecutors said Kennedy’s testimony involved no deal, no promises made. Assistant Prosecutor Brian McDonough said: “None of that was hidden,” and: “there was no deal, there was no promises made.”

Defense attorneys argued that the prosecutor’s office withheld information about the credibility of the key witness, who had previously been the main witnesses in another murder trial. Jordan said he only found out later from another attorney that Kennedy was the main informant in another murder case, and that the jury should have been allowed to cross-examine him on his status as “a career informant and a career witness...the fact that everyone is confessing to Mr. Kennedy.” Jordan argued: “We should have been allowed to cross examine him on the fact that he is a career informant and a career witness...the fact that everyone is confessing to Mr. Kennedy,”

Jordan also said Kennedy misled the jury in saying he was nervous because he had never been in the position of eliciting information in a murder case before. Jordan described an earlier case in which Kennedy was placed in a cell with Richard Penque, who eventually told him where a murder weapon was located. Penque was convicted in October 2012 of aggravated murder in the 2008 death of Cleveland schoolteacher Marilyn Habian, and Penque was sentenced to 30 years to life in prison.

McDonough asserted that the knowledge that Kennedy testified in another trial would not have changed the outcome.

Kennedy was brought from prison to testify during the trial. He was serving a 10-year sentence for assaulting a police officer and several probation violations.

Defence position

Defense lawyers maintained that Podolak took a lethal dose of antifreeze mixed with his tea to kill himself, in part because of problems he was experiencing at home and at work. Jordan additionally argued that the jury should not have been able to hear testimony from Dr. Dan Galita that Podolak experienced pain that could have been related to antifreeze poisoning months before he died, and Jordan said: “It was a blanket statement meant to fit his theory,” and: “The knowledge that Kennedy testified in another trial would not have changed the outcome, McDonough asserted.” Jordan also argued the jury was able to make inferences upon inferences and allowed to speculate on many facts in the case.

Verdict

McFeeture was found guilty on July 24, 2013.

Sentencing

On August 28, 2013, Judge Brian Corrigan sentenced Holly McFeeture to life in prison for slowly killing the father of two of her children with antifreeze. Corrigan said McFeeture, 35, would be eligible for parole after serving 30 years. McFeeture’s attorney, Bret Jordan, asked for the minimum term allowable by law, which would have given her a possibility of release after 20 years.

Prosecutors and most of Podolak’s family asked the judge to keep McFeeture behind bars for life. Mark Podolak wanted McFeeture held accountable for her “cold and callous” actions and lack of remorse.

After the hearing, Podolak’s family and friends said their next mission was to make sure that the two children Podolak and McFeeture had together are raised with love and know who their father was and that he loved them.

Appeals and motions

Judge Brian Corrigan denied motions to overturn jury verdicts and order a new trial on August 28, 2013.

Jordan argued for a new trial, saying the prosecutor's office withheld information about the credibility of the key witness. Prosecutors said the information did not have to be turned over and that defense attorneys could have found information about his previous testimony online if they tried. McDonough said: “None of that was hidden,” and also said he was not aware of the prior testimony.

Jordan asked Corrigan: “Please do the most difficult thing,” and Jordan told Corrigan: “Set Holly free find her not guilty because that's what the jury should have done. I understand that it's an incredibly difficult thing to do but, your honor, but do the right thing.” The judge denied that motion as well.

Outcome

McFeeture was sentenced to life in prison with a possibility of parole after 30 years on August 28, 2013.