"He looked her straight in the eyes and said he was going to kill her." Prosecutor Matt Troiano tells jurors, "This defendant tried to orchestrate a story to make herself look like a victim … So she was very smart, and she knew what she wanted … She said she'll do whatever it takes, and we even went to therapy. Jim Faulkner: I saw an email that she was dating somebody. And I would say, "Virginia." She goes, "Oh, I'm just clumsy."But Virginia never reported any of these alleged incidents to police. Colleen Roper had been seeing Patrick and when Virginia discovered it, she wasted little time contacting her.
He was loved by his family and friends and he loved them.
…I went over to the bed, and I reached under the mattress. Virginia says she left Patrick sort of dozing off on the floor and went to get firewood at the 7-Eleven, but when she returned he was gone. Virginia told the jury she sat frozen in fear before walking over to him, prone on the floor. The state contends that Virginia's story about what happened in the house that night is full of holes. I keep a wall of all the people that have been killed or are the victims of some crime and it does become personal …
Ed Bilinkas: They go to a number of different people, but … Ed Bilinkas [in court]: He's been involved in cases like John F. Gilhuley's -- right hand was reaching up – toward -- Ms. Matt Troiano: It is almost physically impossible for that to have happened that way. Two weeks before the shooting, cell tower data trace Virginia driving from New Jersey to Patrick's home in Staten Island—when he wasn't there. Matt Troiano [in court]: It's your testimony that you didn't have a key to that apartment. The defense is now struggling, and Ed Bilinkas is frustrated—because the rules of evidence limit what he can tell the jury about an incident in Patrick's past.
There's no real communication between any of those calls. Pocket dials would suggest that Patrick's hands were free to attack Virginia. Kennedy, Martin Luther King, Elvis Presley …In this case, Dr. Gilhuley was reaching up -- with his right hand, would fit in with that g-- grazing gunshot wound. Erin Moriarty: So how do you believe that Patrick sustained that bullet graze wound on his hand? Matt Troiano: And do you recall where you took that photo? Ed Bilinkas: He was suspended from the New York police force for beating his first wife.
You didn't tell me." And she's trying to calm him down … Virginia says she left open the front door, and while she was in another room she heard Patrick slam and shatter the storm door, dropping glass on the mat inside. The defense believes that earlier that evening, Patrick had discovered an IRS form that Virginia had filled out to turn him in for unpaid taxes. …He grabs her by the throat and starts choking her. The defense says Virginia, fearing for her life, shot at Patrick. Ed Bilinkas: The second shot is the shot to -- to the -- to the hand as he's reaching up maybe to try to stop or grab the gun. Prosecutor Matt Troiano [in court to Virginia]: You were angry? I don't think that the evidence supports that at all.
Ed Bilinkas: When he came back to the house, he was a raving lunatic."48 Hours" asked Bilinkas to take us through what he says happened in the house next. But then Virginia, says Bilinkas, made a fatal mistake and said to Patrick, "at least I pay my taxes." Erin Moriarty: Do you think that line is what set everything off, "At least—I pay my taxes"? Erin Moriarty: Ed, where did the physical altercation actually take place? He looks her dead in the eye and says, "I'm gonna f------ kill you, you c---." After fighting on top of the broken glass in the foyer, Bilinkas says Virginia managed to escape and ran upstairs to her bedroom where she grabbed the gun she says Patrick had left under the mattress. Virginia Vertetis: No, not angry…That's why Troiano felt pressure to prove to the jury that Virginia was the real aggressor that night. if what she says is true, she would have looked beat up, really, really bad. Troiano called forensic expert Howard Ryan to the stand to explain to the jury why Virginia's story about Patrick breaking the glass storm door couldn't be true. We tried slamming the door over and over again, and when that didn't work we tried kicking it. Erin Moriarty: Do you believe the defendant when she says that door -- she heard the door break before the shooting? Even giving Virginia the benefit of the doubt that Patrick somehow managed to break the storm door, forensics appear to disprove that, too.