Attorney says charges should not be refiled
Joseph Cyril Stenger has a lengthy criminal record – he has logged 11 cases in Fayette County since 2000. So, his word should not be enough to warrant the re-filing of criminal homicide charges against Crystal Dawn Weimer, according to her attorney, Public Defender Jeffrey Whiteko.
In a motion filed last week, Whiteko asked a judge to dismiss the homicide charge filed against Weimer in the Jan. 27, 2001, beating death of Curtis Haith in Connellsville.
Stenger, who was also arrested and charged with criminal homicide in Haith’s death, agreed to plead guilty to conspiracy to commit homicide in exchange for testifying against Weimer. He will serve nine to 18 years in prison once he is sentenced next month.
Weimer initially was charged in Haith’s death in January 2004, but Whiteko successfully argued to have those charges thrown out when a commonwealth witness recanted his story that Weimer confessed to him. Judge Ralph C. Warman threw out the homicide charge in April 2004.
With Stenger’s testimony, police re-filed the homicide charge against Weimer. Whiteko’s motion argued that Stenger’s “extensive criminal record” and the plea deal he received don’t add up to enough to charge Weimer.
Weimer, 27, of 132 N. Eighth St., Connellsville, allegedly went to Haith’s home with Stenger and two unidentified men in tow. Weimer and the unidentified men allegedly lured Haith from his home, and the three attacked him. Stenger testified previously that he sat in the car, but eventually got out and fired a gun.
A bullet hit Haith in the lip, but police determined it was the beating that killed Haith.
Weimer, who has professed her innocence on numerous occasions, has filed notice that she was with at least 11 others at the Bierer Wood Acres housing project when Haith was killed.
Whiteko, in his motion, also claimed that Weimer has been incarcerated beyond the number of days she can be constitutionally kept in prison without a trial. A judge will schedule a hearing to take testimony in the case before rendering a decision.