Defense attorneys challenge witness’s credibility in Mary Collins murder trial

CHARLOTTE — A suspect in a murder investigation took the stand on Tuesday, taking jurors through the hours before and after Mary Collins was killed.

Last week, America Diehl only lasted a few minutes on the stand before stepping off and having a medical emergency.

She spent time in the ICU but returned to the courtroom Tuesday to testify.

What she said may be the most damaging testimony yet, if the jurors find her credible.

America Diehl said she remembered seeing 20-year-old Mary Collins dead for the first time.

“When you opened the door, she was laying on the floor,” she said.

Collins’ body was in the primary bathroom at the apartment of Lavi Pham and his then girlfriend Kelly Lavery.

She says James Salerno, who went by Jimmy, was there, too.

“There was blood everywhere and she wasn’t moving,” said Diehl.

The night before, Diehl said everyone was hanging out doing drugs.

She went to sleep by herself in a front bedroom, woke up early the next morning, and left.

Diehl said when she returned, Salerno led her to where Collins’ body was with Pham and Lavery alongside them.

“There was a chain around her neck,” said Diehl. “It was a chain dog leash with a leather handle.

Diehl said Salerno and Pham admitted to her that they both raped Collins before she was stabbed to death.

“Kelly just started stabbing her, then Lavi joined in. Then Jimmy said he cut her a little bit,” said Diehl.

Diehl said she was forced to help wrap up Collins’ body and clean the bathroom while being threatened by the others.

“They told me if I didn’t help them clean up, that they’re going to rape and kill me like they did her,” Diehl said.

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Both defense teams pushed back, questioning Diehl’s credibility and how realistic of a story she told.

“Mr. Pham and Mr. Salerno decide to just spontaneously tell you all of this incriminating stuff that happened when you were not there?” said Miranda Mills, Pham’s defense attorney.

“Yes, ma’am,” Diehl said.

Salerno’s defense attorney wondered how Diehl could have slept through such a heinous murder.

“You don’t find it odd that nothing would have woken you up the night before if someone was being assaulted or killed?” said Christopher McCartan, Salerno’s defense attorney.

“I didn’t hear anything, no,” Diehl said.

Diehl is currently charged with accessory after the fact of murder and concealing a death.

She told the jury that she has not been offered a deal by prosecutors in exchange for her testimony.

Lavery pleaded guilty in June 2022 to second-degree murder, kidnapping, and concealing a body.

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