Judge denies man release during appeal
A judge has denied David Joseph Munchinski’s petition to be released from prison while the state attorney general’s office appeals the same judge’s Oct. 1 order overturning Munchinski’s 1986 double-murder conviction. Northumberland County Senior Judge Barry F. Feudale issued a ruling Friday denying the petition filed by Munchinski’s attorney, Noah Geary.
Feudale also ordered that Fayette County must pay more than $75,000 in fees for services that Geary and an investigator have performed in the Munchinski case.
In his ruling, Feudale wrote that, in his opinion, although Munchinski did not receive a fair trial and, “even though we may personally disagree,” the law prohibits his release while the case is being appealed.
“Cases such as this illustrate the need to allow some discretion with the trial or appellate courts to enter some form of interim bail order pending final appellate review,” Feudale wrote.
The attorney general’s office appealed Feudale’s order that overturned Munchinski’s conviction in the 1977 murders of James Alford and Raymond Gierke in Bear Rocks, Bullskin Township.
Munchinski and Leon Scaglione, who died in prison, were charged with the murders several years later when Richard Bowen came forward and told police he witnessed the killings.
Munchinski, 52, was found guilty in a second trial held in the case in 1986 and was sentenced in June 1987 to serve two consecutive life terms in prison.
Feudale vacated the conviction after ruling that former Fayette County prosecutors Gerald R. Solomon and Ralph C. Warman, who are now county court judges, and former assistant district attorney John Kopas withheld evidence.
Among the allegedly withheld evidence was a 1982 tape recording made when police first interviewed Bowen with Solomon and Warman, who both say the recording was never made. Bowen killed himself in prison.
Feudale cited testimony and a written report from retired state trooper Montgomery Goodwin that said the interview was taped. Goodwin is also is in prison on a murder conviction.
In his order denying Munchinski’s release from the State Correctional Institution at Fayette, Feudale indicated that he has no further jurisdiction in case until appeals, including a possible review by the state Supreme Court, have been resolved.
“The filing of a timely notice of appeal divests this court of jurisdiction to proceed further until the issues on appeal are final, which includes, if requested, discretionary review before the Pennsylvania Supreme Court,” Feudale wrote.
The attorney general’s office filed its appeal in state Superior Court. A Superior Court ruling may be appealed to the state Supreme Court.
At a hearing in November, Geary argued that Feudale had the authority under the state’s Post Conviction Relief Act to set bail or release Munchinski.
While Geary could not be reached for comment Friday, an attorney general’s spokesman said the office was happy with Feudale’s decision.
“Obviously, we’re very pleased with Judge Feudale’s ruling,” said Neils Frederiksen. “He agreed with all of our arguments against (Munchinski’s) release. Now, we’re preparing to argue the matter in Superior Court.”
He said he expects Superior Court to schedule a date soon for the parties to submit arguments and briefs.
In a related ruling, Feudale granted a request from Geary for payment from Fayette County for the work he has done in the case since January 2002.
The judge ordered the county to pay Geary $72,836.50 and to pay a private investigator, Gentile-Meinhart and Associates, $2,260.92. The total is $75,097.42.
At the hearing, Geary said he normally charges $100 an hour, but requested $250 an hour due to the complexity of the case.
He said Munchinski’s daughter paid him $5,000 in 2001 to evaluate the case, but the case “eclipsed” his practice.
The attorney general’s office countered that Geary should be paid only what a Fayette County public defender would be paid.
Feudale apparently sided with the attorney general’s office and ordered the county to pay Geary $50 an hour for 2,016.38 hours of work. Geary submitted documentation of the services he rendered.
Fayette County Commission Chairwoman Angela Zimmerlink said the commissioners might have allocated some money in the 2005 budget for legal services in the Munchinski case, but she was not able to confirm it Friday.
“We were prepared for that potential liability, and that’s why it was discussed in the proposed budget,” Zimmerlink said.
She said the county solicitor will review the bill and determine if the payment order can be appealed.
The county’s insurance carrier also will be notified to see if the county’s liability policy will cover the bill, she said.