Kulbicki witnesses present their alibis Wife also points finger at son, 18

October 19, 1993|By Sheridan Lyons | Sheridan Lyons,Staff Writer

Baltimore City police Sgt. James Allan Kulbicki's wife, their son and his stepson defended him yesterday against a charge of murdering a younger woman with whom he had had a child during a three-year affair.

Connie Kulbicki testified that her husband told her about Gina Marie Nueslein, 22, during the Christmas holidays of 1990, because Ms. Nueslein was pregnant.

As her testimony in Baltimore County Circuit Court progressed yesterday, Mrs. Kulbicki appeared to be pointing a finger of suspicion at her son and Sergeant Kulbicki's stepson, Darryl Marciszewski, 18. He later denied any involvement in the crime.

Ms. Nueslein, of the 3300 block of Ramona Ave., disappeared on her way to work between 3:30 p.m. and 4 p.m. on Jan. 9 -- four days before a paternity hearing intended to provide child support for Michael Nueslein, now 2.

She was found dead the next morning of a gunshot wound in the head, her body dumped beside a trash can at the end of Grace's Quarter Road in Gunpowder State Park.

Sergeant Kulbicki, 37, of the 3400 block of Toone St., is on trial for first-degree murder and use of a handgun.

He has been suspended without pay from the city Police Department, said defense attorney Henry L. Belsky.

During her testimony, Mrs. Kulbicki said her son, Darryl, sometimes wore the denim jacket upon which police found the victim's blood, and that they once drove to Ms. Nueslein's job to get a look at her.

Although she was angry about the affair, Mrs. Kulbicki said, Darryl "was very angry. I think more angry than I was. . . . He was so angry and so full of hate toward Gina Nueslein that it scared me."

During cross-examination, Deputy State's Attorney Sue Schenning attacked Mrs. Kulbicki's testimony, saying, "Let's get this right out on the table: You suspect your own son, Darryl, of killing Gina Nueslein?"

"I don't know who killed Gina Nueslein," Mrs. Kulbicki replied, twice.

The next witness was Mr. Marciszewski who, after being advised of his rights because of the inferences raised, said, "I'll testify. I ain't got nothing to hide."

He told the jury he was angry after his mother and Sergeant Kulbicki, whom he considers his father, told him of the affair. But when asked on cross-examination whether he killed Gina Nueslein, he replied, "I'm not answering that question." At that point, Judge John Grason Turnbull II sent the jury out and threatened the young man with contempt of court.

After the jury returned, Mr. Marciszewski simply answered, "No," to the question.

He also said he didn't know where the victim lived, how she got to work and wasn't driving the 1988 long-bed Ford pickup truck from which police recovered traces of blood and bone fragments.

The blood and fragments found in the truck matched but couldn't be positively linked to Ms. Nueslein.

Mr. Marciszewski, who works in a nursing home, appeared to be supportive of his stepfather.

Last week, Jennifer Nueslein, 15, testified that her sister became pregnant by Sergeant Kulbicki a second time in October 1992. Ms. Nueslein terminated that pregnancy.

The sergeant's 9-year-old son, Allan, also testified briefly yesterday and said his father was wearing a green coat and returned at about 4 p.m. on Jan. 9.

"I was playing the television, and it tells time on there," Allan said. After his father showered, they went to Hechinger's and out for a pizza, he said.

Mr. Belsky also used a series of witnesses to lay down an alibi concerning his client's errands Jan. 9. Those errands included trips to a dry cleaners, a hardware store, a shoe-repair shop, a gasoline station, and a house under renovation. Most of the witnesses knew Sergeant Kulbicki.

Mrs. Kulbicki said her husband left in the pickup truck at 2:30 p.m. Jan. 9 and returned at 4:30 p.m.

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