Donato Nappi re-trial begins

By By JOLEEN FERRIS

Story Created: Feb 24, 2010 at 1:20 PM EDT

Story Updated: Feb 24, 2010 at 3:04 PM EDT

HERKIMER, N.Y. (WKTV) - The second weapons possession trial of a paroled local killer got underway Wednesday morning in Herkimer County Court.

Donato Nappi had previously served 26 years in prison for the 1980 murder of Dawn Grillo. Last year, Nappi was accused of illegally possessing a gun in his Old Forge home - a violation of his parole. His first trial for that weapons possession charge ended in a mistrial in Herkimer County Court in January after a hung jury.

The judge told jurors Wednesday morning that the re-trial should be pretty brief, and that seemed to be the case. Opening arguments were just five minutes for the prosecution and nine minutes for the defense.

The prosecution told jurors that DNA evidence and witness testimony will prove that a .45 semi-automatic pistol was in Nappi's Old Forge home last year, and that the gun belonged to him.

Nappi's defense attorney Christopher Pelli said a scientist has already testified in the previous trial that there's no way to prove if Nappi's DNA originated on the gun or the towel wrapped around it.

The first prosecution witness to take the stand Wednesday was Nappi's parole officer. Pelli told jurors that the prosecution will make a lot of noise in this case but that the noise does not prove anything.
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