New trial denied for man convicted in slaying
A Fayette County judge has denied a new trial for a Uniontown man convicted in 2001 of the first-degree murder of Robert Cumberland Sr. Daniel Bernard Manchas, 22, made several claims that his trial attorney, assistant public defender Susan Ritz Harper, ineffectively represented him. He alleged several instances of ineffectiveness, including the lack of a forensic expert called on his behalf, the former occupation of one juror, and an alleged breakdown in communication between Harper and Manchas when he refused to plead guilty to third-degree murder.
Judge Gerald R. Solomon, in his opinion filed Friday, ruled that all of Manchas’ claims were without merit.
Because Manchas did not deny shooting Cumberland but said he did it without intending to kill him, the testimony of a forensic or DNA expert would not have mattered, Solomon ruled. The judge also relied on testimony from Harper that Manchas chose which jurors were going to serve for his trial.
And while Harper acknowledged that she and Manchas discussed the plea bargain, Solomon found that there was no evidence that Manchas’ refusal to accept it led Harper to represent him ineffectively.
Manchas killed Cumberland when he shot at a Perry Township trailer where Cumberland was staying. The shooting stemmed from a drug deal gone awry between Manchas and George Simon, who owned the trailer.
Simon, according to trial testimony, shorted Manchas money for crack cocaine on Feb. 3, 2001, and Manchas threatened to shoot Simon after the deal. In the early morning of Feb. 4, Manchas and Robert Dale Cumberland Jr. went to Simon’s trailer, and Manchas fired several shots. One hit the elder Cumberland, father of Robert Jr.
Because he drove Manchas and supplied the weapon, Robert Dale Cumberland Jr. also was charged. He pleaded guilty to third-degree murder and was sentenced to six to 12 years in prison in exchange for his testimony against Manchas.