In a single sentence, the state Supreme Court has upheld the first degree murder conviction of former state trooper Kevin Foley in the 2006 death of Blairville dentist John Yelenic.
Foley was found guilty in April 2009, and a three-member panel of the state Superior Court upheld the conviction on December 28th, 2011. The ruling by the Supreme Court last Friday was simple…it reads “Petition for Allowance of Appeal is denied.”
The appeal would have been based on defense assertions that Indiana County President Judge William Martin was in error when he allowed testimony about bloody footprints found near the body of Yelenic. Foley’s attorneys argued that it could not be proven that the footprints matched a particular brand, style, or size of shoe, but Deputy Attorney General Anthony Krastek, who prosecuted the case at the Indiana County courthouse, presented evidence that tied the prints to the specific Asics brand sneaker that Foley wore.
Foley was living in White Township with Yelenic’s estranged wife at the time of the murder and divorce papers had been prepared but not yet signed. He is serving a mandatory life sentence with no chance at parole, and is currently housed atSCI Retreat in Luzerne County.