BUCYRUS―An email received by Crawford County Prosecutors over the weekend was addressed at a special hearing Tuesday in Crawford County Common Pleas Court.

Judge Sean Leuthold responded to a motion filed by Attorney Tom Nicholson. He represents Robert Pinyerd, 41, of Crestline.

Pinyerd, whose trial begins on Monday, will be tried for murder and aggravated murder in the February 2022 death of Cynthia Jo Heath.

Officers responded to calls from Heath’s family after they entered her home. Cynthia was deceased. Once officers arrived, police determined that Cynthia’s death was from ” unnatural causes.”

Investigators then began searching for Pinyerd, who resided with Heath. At the time, he was wanted on a warrant out of Richland County for a felony charge of illegal convenience of weapons. He was considered armed and dangerous. He was believed to be driving Heath’s car.

Pinyerd was eventually located at a laundromat in Mansfield and taken into custody.

Judge Leuthold put specific facts on the record resulting from the State’s identification of a new witness over the weekend.

According to the State, this witness will provide material facts in the case, including the time of death of Heath.

“Up until now, the time of death was a generalization. The witness then can narrow down the time of death considerably. Mr. Nicholson’s position is that he just found out about this, and that it would be unfair to allow this witness to testify as his client would be prejudiced by the late production of a material witness,” Leuthold said.

Judge Leuthold asked for more information from the State about the witness.

Assistant Prosecutor Dan Stanley told the court that he and Prosecutor Matt Crall got an email from the victim’s sister-in-law at around 9 pm on Saturday about the witness.

The witness was interviewed and provided a written statement at the Crestline Police Department.

The State immediately forwarded the statement and interview (recorded on police surveillance tape) to Nicholson.

Stanley said that by the time the State reached out to her on Sunday, she had already spoken with Nicholson.

Stanley told the court that the witness told the Crestline Police Department she had information on the case when they were first looking for Pinyerd. She said no one ever contacted her about what she knew. Stanley said the police did not follow up with this witness. During the confusion of looking for Pinyerd, the witness was overlooked.

Stanley said the witness reported the day of Heath’s murder; she was traumatized by the death of her dog.

As she was sitting there with her dead dog, she heard gunshots. At first, she thought they were from a shooting range down the road.

She texted her friend at 10:30 am that her dog had died.

Not overthinking the gunshots, she went to her brother’s house near where she lives to get a blanket for her dog. When she returned, she saw the car the victim drove, looked out, and saw Pinyerd behind the wheel going west toward route 61.

Nicholson told the court: “There were no other witnesses to identify Robert Pinyerd or place him anywhere near a gunshot. No one. No one until now, a week before trial.”

Nicholson told the court this was “perfectly timed,” so he would not have time to investigate the factual background of the situation.

“Additionally, there are so many things Mr. Stanley doesn’t say. This woman is a close friend of the mother of the victim. And it’s our understanding they speak on the phone almost daily. Now, one week before the trial, a close friend of the family shows up and can not only place Mr. Pinyerd near a gunshot, but she said reported it to detective Kitzmiller a year ago. Somehow he neglectfully did not write it down, nor did they make any note to anyone about anything here,” Nicholson said.

Nicholson said he’s learned that the witness is eccentric, lives in a former funeral home, and has 50-60 cats and dogs.
He also noted the witness lives two blocks from the crime scene.

“They canvassed the whole area and didn’t find anyone who heard gunshots. The shots were muffled by a blanket or pillow. The coroner’s report says the gunshots were muffled. Nobody anywhere nearby heard it let, alone two blocks away. A close friend of the family heard it a year later,” Nicholson said.

Nicholson told the court Pinyerd’s rights would be prejudiced entirely if the witness testifies. Nicholson said his client is not in favor of a delay.

Judge Leuthold told Nicholson he would grant a trial delay till May if Pinyerd agreed. Nicholson said his client wants no hesitation.
Leuthold said he respects Pinyerd’s wishes.

Leuthold ordered an evidentiary hearing for Monday at 8:30 am. Leuthold wants Chief Kitzmiller to testify about whether or not he had spoken to the witness during the initial investigation. He also told prosecutors he must see the tape of the witness’s interview.

Judge Leuthold told Nicholson he is permitted to cross-examine Kitzmiller regarding anything discussed at Tuesday’s hearing,

“I am not satisfied with how this happened. If I see any semblance of sandbagging, the witness’s testimony will be excluded. In the event I don’t exclude it, I will give Mr. Nicholson latitude in his cross-examination,” Leuthold said.

Crawford County Now will continue trial coverage.