A tense morning of cross examination in the ongoing murder trial of Josh Hupperterz focused on calls made between him and his former roommate, who the defense claims is the real killer of Temple University film major Jenna Burleigh.
On Thursday, 24-year-old Jack Miley started his testimony by recounting his version of a booze-fueled night in 2017 that ended with him asleep at home and Burleigh dead.
Miley contended that he passed out in the early hours of Aug. 31 2017 after leaving Pub Webb alone. He left later that afternoon for a family vacation and didn’t hear about Burleigh’s disappearance until Sept. 1, he testified in court. Miley said he never met the young woman and didn’t hear her screams as she was killed.
But Hupperterz’s lawyer seemed to question Miley’s recollection, going through pages of phone records showing that Miley and Hupperterz had actually contacted each other after leaving the bar and several times throughout the following afternoon. Miley said at least a few of calls were to get the WiFi password.
When asked why Miley would repeatedly call his roommate asking for that information, Miley told Nenner “you obviously don’t know Mr. Hupperterz very well.”
Hupperterz, 29, is accused of killing Burleigh and then hiding her body in a plastic storage tote at his grandparents' rural Pennsylvania home.
On Thursday, Miley shared his side of what happened on that summer 2017 night and early morning leading up to Burleigh's death, telling the jury that he and Hupperterz visited multiple bars throughout the evening. He described it as a “typical night out -- drinking and maybe picking up girls.”
He and Hupperterz had been friends for several years but only lived together for 30 days before Burleigh’s death, Miley said.
The former Temple student began his testimony just two days after Hupperterz's defense attorney made an extraordinary accusation in his opening statement to the jury. On Tuesday, defense attorney David Nenner accused Miley of being Burleigh's killer.
But Miley, who has not been charged with a crime, said he did not know about Burleigh’s disappearance until the day after he went out drinking with Hupperterz.
He did recall, however, waking up in the afternoon of Aug. 31 2017 to find Hupperterz with a deep gash on his hand and cleaning up blood.
“He said he woke up in a pricker bush,” Miley testified Thursday. “I thought it was funny, honestly.”
It had been a long night. Miley and Hupperterz drank several beers at their apartment before bar hopping on what Temple students call “Wild Wednesday.” They went to several places before settling on Pub Webb. There, the two friends drank and Miley sang karaoke, he testified.
He left the bar around 1 a.m. on the morning of Aug. 31, according to surveillance video shown in court. Miley slept in late that afternoon and woke up to find his roommate with a cut so deep, Miley could “see bone,” he said.
As a multiagency investigation unfolded in Philadelphia, Miley traveled to New York on a pre-planned family vacation with his sisters. It was during a night out with relatives on Sept. 1 2017 that he learned of Burleigh’s disappearance from Temple police, he said.
Miley then called Hupperterz at the request of law enforcement officials, but Hupperterz said he was in North Carolina, Miley said in court.
”I honestly don’t know what to expect from this kid at this point,” Miley later texted a friend about Hupperterz.
On the night she died, Burleigh wore a T-shirt emblazoned with the words “Positive Vibes Only” on the front. The shirt, which was shown as evidence on Thursday brought Burleigh's mother to tears inside Philadelphia's Criminal Justice Center.
She clutched a rosary through much of the day.
From the stand inside the courtroom on Thursday, an investigator recounted how she found blood drops splattered all over Hupperterz's North 16th Street apartment, including in the kitchen where prosecutors contend the young woman's life was ended.
Bits of broken ceramic also were shown photographed next to a black hair tie on the kitchen floor.
Hupperterz pleaded not guilty to murder and using an instrument of a crime. He pleaded guilty to abuse of a corpse and tampering with evidence for moving Burleigh's body to his grandparent's house.
Prosecutors have said that Hupperterz, after having oral, vaginal and anal intercourse with Burleigh, took “her down to the ground and strangled her, naked, on the kitchen floor.”
Assistant District Attorney Jason Grenell said Hupperterz punched the film student 38 times, broke a cereal bowl over her head, stabbed her repeatedly after wrestling a knife from her, then strangled her, so severely he broke her larynx.
“It’s every parent’s worst nightmare. You stare at the phone waiting for the call,” Grenell said during his opening argument. “The Burleighs would never have that. They would never hear from their daughter again.”
Earlier in the week, Hupperterz’s cousin testified that he unknowingly helped transport Burleigh’s body out of the city in a blue tote bag.
"I said, 'Dang, this is heavy,'" Erick Carlson recalled saying at his cousin's apartment.
Inside, it turned out, was the body of the Burleigh, authorities said.
Carlson has not been charged in connection with the murder. The 30-year-old steel mill worker from Philadelphia said he found Hupperterz cleaning up blood in his apartment. An investigator testified Thursday that blood was found in various places inside the residence, including a futon, clothing, toilet paper and gauze.
Hupperterz told Carlson that he had cut his hand on a broken beer bottle and needed help taking some books to his mom's house in Jenkintown.
Hupperterz turned down a plea offer in December from the Philadelphia District Attorney's office, which had offered 30-to-60 years in prison in exchange for a guilty plea. Hupperterz could face up to life in prison if convicted at trial which is expected to last for up to two weeks.
Photo Credit: Left: Mugshot via Philadelphia Police Department; Right: Temple U. Police
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