Oct 15, 2004 2 min read

The state attorney general’s office wants to delay a hearing to determine how much money David J. Munchinski’s attorney might receive for his three years of work on the case. The motion, filed by Deputy Attorney General Jonelle H. Esbach, indicates that she is not available for the Nov. 8 hearing because of a prior commitment.

Esbach said she is available the following week.

Northumberland County Senior Judge Barry E. Feudale, who earlier this month vacated Munchinski’s double murder conviction and barred prosecutors from retrying him, set the hearing date to determine how much Noah Geary would get paid for representing Munchinski.

Geary earlier asked the judge to award him payment for his services based on the severity of the circumstances in the case.

Feudale, appointed to hear the case, handed down a 114-page opinion that criticized three former prosecutors, two now sitting judges, for several pieces of potentially innocence-proving evidence that they did not turn over to Munchinski during his 1983 and 1986 trials. The first trial led to a hung jury.

He was ultimately convicted of killing James P. Alford and Raymond Gierke on Dec. 2, 1977, and sentenced to two life terms in prison.

After several hearings, Feudale ruled that there was evidence now-Judges Ralph C. Warman and Gerald Solomon and former prosecutor John Kopas withheld a tape of an eyewitness statement and several reports.

Although Geary asked Feudale to refer all three to a disciplinary committee, the judge declined to do so because he did not believe he had the authority to do it under the post-conviction act.

No ruling on Esbach’s motion to continue was handed down as of Thursday afternoon.