Prosecutors seek more time on appeal
State prosecutors want more time to prepare before going to court on the post-sentence petition of convicted murderer David J. Munchinski. The motion, filed Friday in the Fayette County Clerk of Courts office by Senior Deputy Attorney General Andrea F. McKenna, said that her office has not yet received files that span more than two decades worth of information.
Munchinski, 49, was convicted in 1986 of killing James P. Alford and Raymond P. Gierke at a Bear Rocks chalet in 1977. Since that second-degree murder conviction and the ensuing dual life sentences, Munchinski has sought appeals on various levels.
In his latest post-conviction appeal, Munchinski alleges that county prosecutors and/or judges did not turn over evidence that could have proven his innocence. Because it’s likely that prosecutors or judges could be called to testify, District Attorney Nancy D. Vernon withdrew her office from the case.
The state attorney general’s office will represent the commonwealth in the matter. Munchinski is seeking a new trial or to have his conviction cleared.
McKenna wants a 45-day delay on the hearing, which was scheduled to pick up next Thursday before visiting Northumberland County Senior Judge Barry Feudale.
The hearing was for three matters: to hear defense attorney Noah Geary’s request to amend Munchinski’s post-sentence petition, to compel discovery and to compel DNA testing.
Geary hopes that DNA evidence collected at the crime scene and since stored at Highlands Hospital in Connellsville will bolster claims that Munchinski did not take part in the killings.
McKenna’s motion indicated that without the voluminous files on Munchinski’s case, she can make no arguments for or against the defense’s desire for DNA or discovery evidence. Discovery is the exchange of information between sides in a trial and is supposed to include any information discovered that could prove a suspect’s innocence.
Geary alleges that prosecutors did not turn over certain pieces of such discovery documentation.
McKenna said she had no objection to letting Geary amend the post-conviction filing.
Geary, according to McKenna’s motion, was not opposed to the delay; however, Feudale has not yet ruled on the matter.