West Warwick
West Warwick man takes stand in his murder trial
01:00 AM EDT on Tuesday, July 1, 2008
WARWICK –– Taking the witness stand at his murder trial in a Kent County Superior Court, Brian Mlyniec yesterday described his relationship with Kelly Ann Andersen and testified about the incidents that led up to her death at his West Warwick home in June 2006.
Mlyniec, 45, who is charged with first-degree murder, testified that he and Andersen had met a few years ago while they both worked at a rug company in Providence. He said she briefly stayed with him at 95 Harris Ave. when she had no place to live.
Mlyniec testified that the two drank and engaged in sexual activity every night. In one of their sexual encounters, he said, Andersen described the practice of tying a belt, scarf or other object around one’s partner’s neck, but he said he did not do it to her. On the evening of June 22, 2006, Mlyniec told the jury, he encountered Andersen at Kennedy Plaza and the two shared alcohol, walked around and made out behind a Dumpster. He told the court that she was staggering and he thought that she had started using heroin again.
They took the bus to his house, where he said they drank and had sex in the living room. Mlyniec said Andersen asked him to tie her up. He used the earphones of her Walkman and a small TV cable to bind her ankles but he said both soon broke.
Last week, the prosecution had shown the jury a black TV cable and a set of earphones. But yesterday Mlyniec said the cable presented in court was not the one he had used to tie up Andersen.
He said Andersen seemed groggy and that he asked her twice if he should call 911. She told him not to, he said.
He put her in a tub of cold water in the bathroom and tried to push ground coffee and water down her throat to revive her, he testified.
“My decisions weren’t the greatest in the world,” Mlyniec said.
Last week, the state medical examiner who performed the autopsy on Andersen, 41, testified that he found no traces of coffee in her stomach.Mlyniec said Andersen hit her face and head on the floor, the toilet seat and the bathroom sink when she tried to get out of the tub and when he tried to bring her back to the living room.
Police and rescue personnel, called to Mlyniec’s house the next morning for an “unresponsive” woman, found Andersen lying dead on the living room floor.
As he was testifying, Mlyniec continued to add details beyond the questions being put to him, prompting Judge Edwin J. Gale to instruct him not to volunteer information but to respond only to the questions asked by defense lawyer Andrew A. Bucci.
Others took the stand as defense witnesses yesterday.
Richard Daley, a neighbor, said he had given Mlyniec a ride to Providence on the morning of June 22.
Michael McDonald described Andersen as a friend with whom he had had sexual relations. He said she once tried to initiate rough sex with him but quickly asked him to stop.
Steven A. Osler, an inmate at the Adult Correctional Institutions, testified that he had known Andersen and had had sex with her at his house in October 2005. He testified she had put a belt around her own neck.
Under cross examination by prosecutor Thomas O’Brien, Osler said though he had been “weirded out by it” he had tugged on the belt during sex on Andersen’s request. But he said that she did not pass out as a result and that she never asked him to hit or punch her.
Still under cross examination, Osler said he encountered Mlyniec at the Kent Count Court House on April 3, 2007. The defendant, he said, told him that if Osler “helped him out” he would “take care of” him.
The next day, Osler acknowledged under questioning by the prosecutor, he made a phone call from the ACI to his girlfriend, telling her he would send her a letter and a large sum of money. He told her he did not want to discuss details over the phone but that he was going to help someone get out of jail. He said he was waiting to talk to that person’s lawyer and instructed her to tear up the letter after reading it, he told the jury.
But when defense lawyer Bucci asked if Mlyniec had told him to lie, Osler replied, “No.”
Under further questioning by the prosecutor, Osler said he never received any money and was testifying truthfully about his relationship with Andersen without “any expectations.”
Mlyniec will take the stand again when the trial resumes before the jury and Judge Gale at 10 this morning.
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