East Millsboro man accused of criminal homicide argues rights were violated
The attorney for an East Millsboro man accused of fatally stabbing another man last January argued that his constitutional rights were violated during a police interrogation and anything he said should be suppressed.
Fayette County Assistant Public Defender Gregory Kunkel, who represents Sylvester Kline Conaway, contended police ignored his client’s request to speak to an attorney when they questioned him about the stabbing death of Shawn Hriscisce
Kunkel also asked Judge Joseph M. George Jr. to preclude prosecutors from seeking a first-degree murder conviction.
Conaway is currently awaiting trial after being charged with criminal homicide in 24-year-old Hriscisce’s death. State police alleged Conaway killed Hriscisce and stabbed Joshua Kelly in the arm on Jan. 31 during a confrontation at 529 Hilltop Road in Redstone Township.
Kunkel argued that the police-led interview should have never taken place because Conaway was still high on crack cocaine. He also said Conaway, 55, cannot read.
“We believe the defendant’s Fifth Amendment rights were violated when he was interrogated at the state police barracks shortly after (the incident occurred), ” Kunkel said.
According to a transcript of Conaway’s interrogation, when he was notified of his rights, Conaway told the trooper he wanted an attorney “because yinz are going to (expletive) me over.”
The trooper then asked Conaway if he wanted an attorney, and Conaway told him “yes,” according to the transcript.
Kunkel argued that despite Conaway’s request for a lawyer, the trooper kept “pushing him”
“Once you state you want a lawyer, (police questioning) should end,” Kunkel said.
Hriscisce’s mother Christine Campbell wore a shirt donning her son’s face during the hearing, sometimes crying during testimony. Campbell said her family has been tortured by the loss of her son and questioned the notion that Conaway may have been illiterate.
“How can he say he can’t read? He has a Facebook and a driver’s license,” she said of Conaway.
Assistant District Attorney Douglas Sepic said police did not violate Conaway’s rights, arguing that after Conaway made the request he then voluntarily kept talking to police. Sepic also noted that police read Conaway his rights twice: once before he asked for an attorney, and again after he made the request but continued to talk to troopers.
As for the first-degree murder charge, Kunkel argued that Conaway’s actions were not “premeditated or deliberate,” and that Conaway had “no specific intent to kill,” that night. Both are necessary to sustain a first-degree murder conviction.
The argument frustrated Campbell. “If it wasn’t premeditated, why did he have a knife on him?” she asked.
George, who only had a copy of the official written transcripts, said he wanted to take a couple of days to review footage of the interrogation.
“It will be helpful for me to see the circumstances on video if he spoke voluntarily after asking for a lawyer,” he said.