Man’s fate fought in criminal homicide
The death penalty should not be a possible sentence in a Fayette County criminal homicide case, according to a motion filed by the attorney for Edward A. Belch. Belch, 45, of 148 Blaine Ave., McClellandtown, is charged with two counts of criminal homicide for allegedly running down his ex-girlfriend, Terri Lynn Gresko, 44, of Edenborn, and her paramour Thomas D. Myers, 54, of Masontown.
Gresko was a passenger on Myers’ motorcycle, and the couple was traveling on Route 21 when the May 10, 2005, homicide occurred. Police have contended that Belch passed cars, ran the couple down, and then yelled at Gresko as she lie dying.
Belch’s attorney, Mark Mehalov, contended that prosecutors needed to present evidence of aggravating factors at Belch’s preliminary hearing and did not do so. There is list of specific circumstances under which Pennsylvania prosecutors can ask jurors to sentence someone to death.
In this case, Vernon listed several aggravating factors. Among them was the contention that Belch killed Gresko and Myers in a torturous way. She also contended that death is the appropriate punishment because Gresko had an active protection-from-abuse order against Belch when she was killed.
Mehalov was appointed to handle the death penalty phase of the trial if Belch is convicted of first-degree murder.
Mehalov’s motion indicated that state law says that the elements of each aggravating circumstance must be shown at a preliminary hearing for that factor to be presented at trial.
A preliminary hearing is held before a magisterial district judge and has a much lower standard of what prosecutors need to show.
A hearing date will be set in the matter.