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Accused Tamaqua killer’s charges bound for court

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    Robert D. Bailey, 52, of Tamaqua, is escorted to his preliminary hearing Tuesday on charges related to the Nov. 26 murder of his wife, Diane Bailey. He was accompanied to court by Tamaqua Cpl. Henry Woods, the investigating officer, and (rear) Patrolman Karl Harig. KATHY KUNKEL/TIMES NEWS

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    Family and friends of the late Diane Bailey of Tamaqua, who was killed four days after Thanksgiving, wait outside the courtroom of District Magisterial Judge Stephen Bayer on Tuesday. The group was there for the preliminary hearing for the man accused of her murder, her husband, Robert D. Bailey KATHY KUNKEL/TIMES NEWS

Published December 20. 2017 11:52AM

Twenty-five, that’s the number of stab wounds Diane Bailey suffered to her body before she died on the evening of Nov. 26, according to testimony given at the preliminary hearing for her accused killer, Robert D. Bailey, 52, of Tamaqua.

The hearing was held Tuesday before District Magisterial Judge Stephen Bayer in his Tamaqua court.

The courtroom was packed with Diane’s family and friends. They included the couple’s daughter, Kaleigh Hiles, who was one of two people called to testify as Assistant Schuylkill County District Attorney Jennifer Lehman presented evidence in an effort to move the case to the Schuylkill County Court of Common Pleas.

Before the hearing could start, Robert Bailey, clad in Schuylkill County Prison coveralls, spoke to the news media and Mrs. Bailey’s family outside of the courtroom.

When asked if he killed his wife, Bailey replied, “Yes.”

He went on to say he had no regrets about his actions, corroborating the statements he made the night of Diane’s death, when he told Tamaqua Police Cpl. Henry Woods, “I didn’t hesitate. I didn’t stop. I didn’t want to stop.”

Daughter testifies

The first person called to testify was Hiles, who told the court she was with her mother the night she died.

According to her testimony, Diane had left her home at 325 Lafayette St. a bit earlier in the day after an argument with her husband. The mother and daughter returned to the home after Diane received a phone call from Robert, who said his wife’s “stuff was in trash bags on the porch” of their home.

They were accompanied by Hiles’ boyfriend. She remembers the trio walking to the house, where Robert was standing on the porch next to three or four trash bags.

“As we went up the steps, Robert, my biological father, allowed my boyfriend to go inside. As mom stepped on the second landing, Robert rushed forward, pushing her hard. She fell into me and we both toppled backward.”

Robert, she said, then came down the steps after them, pulling a pink knife from his right pocket, trying to stab Diane. She remembers her mother crying out, “Rob, what are you doing?” as she herself yelled, “Dad, stop!”

But, he didn’t stop. Instead, he continued slashing and stabbing his wife of just over one year.

While only marrying in 2016, the couple had a long history, going back some 26 years in an on and off relationship, according to their daughter.

Hiles told the court she fled when it seemed as if Robert was coming after her, too. She ran to her home on Rowe Street and told her roommates her mother needed help.

Police response

Cpl. Woods, who has been the Tamaqua Police Department’s Criminal Investigator for about 10 years, then testified.

Woods said police responded to the Lafayette Street scene for a reported domestic disturbance.

When officers found the body of Diane, they secured the scene and called him.

When Woods arrived, he found Diane’s lifeless body on the pavement, covered by a sheet. Robert Bailey was in custody, suspected of killing his wife. Officers found him on Washington Street, walking north, carrying a knife.

Woods went over his interview with Bailey, which started minutes after midnight. Bailey verbally waived his Miranda Rights, wanting to talk about what happened. The suspect’s only request was for a cigarette.

Woods said the interview ended 34 minutes later, but there was a seven-minute window when he was on the phone with investigators still at the scene after Bailey admitted he threw the murder weapon away.

According to Bailey’s statement that night, he used a pink folding knife to do the actual stabbing. As his wife lay dying on the sidewalk, he walked inside the home, grabbed another knife, and fled out the back door. He provided details on where he threw the first knife and officers were quick to recover it.

Bailey’s public defender, William Leo Joseph Burke, objected to parts of Woods’ testimony as hearsay, knowledge he gained from the first officers who responded to the scene. The judge overruled his objections when Prosecutor Lehman noted the officer in question was actually in the courtroom and would be available to testify if the case was bound over for court.

Burke also questioned Woods on why Bailey didn’t sign a written waiver of his rights.

Woods replied that Bailey’s blood-covered clothing was considered evidence and he didn’t want to introduce anything, even paper, that could be considered to contaminate that evidence.

The investigator recounted his conversation with Bailey, who freely admitted killing Diane after they argued about her illegal drug use.

Judge Bayer found there was enough evidence presented to bind all charges over to court.

Bailey will be tried on charges of first- and third-degree murder, aggravated assault, simple assault, reckless endangerment and possession of instruments of crime.

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