May 1, 2002 By Jennifer Harr 2 min read

In an opinion supporting an oral order from last month, Fayette County Judge Conrad B. Capuzzi has dismissed twice-convicted killer Kevin Lee Dowling’s request for post-conviction relief. Dowling, 28, of Uniontown was convicted in 1998 of killing 76-year-old Margaret Tajc during a break-in at her Menallen Township home. Tajc was found by a relative the morning after the April 16, 1992, attack.

He was arrested two years after the attack and first convicted in 1995.

However, his conviction was overturned, and he went to trial a second time for Tajc’s death in 1998.

Dowling was convicted then as well.

Tajc died of cardiac arrest that resulted from stress caused by the attack, according to testimony at Dowling’s trial by Allegheny County Forensic Pathologist Dr. Cyril H. Wecht. Tajc sustained three broken ribs, facial bruises and scrapes and scratches to her neck in the attack that accompanied the break-in, according to testimony.

Then-District Attorney Peter U. Hook secured a second-degree murder conviction, which imprisoned Dowling for life. Dowling was also convicted of burglary, robbery, theft by unlawful taking, receiving stolen property and criminal conspiracy. He was sentenced to an additional 23 1/2 to 47 years in prison.

During the break-in, Dowling and accomplice David Spaw, netted $3,000, but police said an additional $30,000 in Tajc’s home was untouched.

Spaw, who testified against Dowling, waited outside while Dowling broke into Tajc’s Dearth home. Spaw was not charged in the matter.

In his latest post-conviction matter, Dowling’s claims include allegations that he was intimidated into not testifying by Hook and that his trial attorney, Kirk S. Sohonage, was ineffective.

Capuzzi’s opinion dismisses those and other claims made by Dowling as being meritless or lacking under the law.