Judge shoots down move to withhold homicide suspect’s statement
A Fayette County judge determined Wednesday that criminal homicide suspect Herbert Carl Herrington knew what he was saying and voluntarily waived his right to keep quiet when he talked to state police after the Nov. 16 stabbing death of Charles Edward Cramer. Judge Conrad B. Capuzzi effectively shot down any hope for Herrington’s attorney, Public Defender Jeffrey Whiteko, to have the statements used against him at his trial.
What remains, however, is for the jurist to determine if there was probable cause for police to take Herrington’s blood-stained clothing from the county’s prison and if there was enough cause to take a tube of his blood to match with evidence taken from the crime scene.
First Administrative Assistant District Attorney John A. Kopas III said the blood proved a match.
Criminal investigator James A. Pierce charged 24-year-old Herrington with Cramer’s death after a fight between the two ended with Cramer being stabbed in Springhill Township.
Before he could interview Herrington, Pierce testified Wednesday that Herrington said, “Maybe I should get a lawyer.”
At that time, Pierce testified that he told Herrington he would not conduct an interview. Herrington, testified Pierce, changed his mind and went on to answer questions.
According to court records, Herrington admitted to police that he did stab Cramer during the fight.
“I was on my back. I was reaching behind me and the knife was there and I stuck it in his shoulder. I don’t know where the knife came from it was just on the ground,” Herrington told Pierce according to a report of the interview.
Early reports from police indicated that Herrington’s girlfriend, Melissa Masi, brought him the knife. However, during that Nov. 17 interview with Pierce, Herrington said she did not bring him the weapon.
After that question, he promptly ended the interview by asking police to get him a lawyer. Police cannot solicit statements once someone in their custody requests legal representation.
Cramer was stabbed at a party at the home of Clarence L. Leppard. Police said the 8-inch knife used to stab Cramer pierced his lung and killed him.
Capuzzi will rule at a later date if there was enough evidence to take Herrington’s clothes and a sample of his blood.