Dec 21, 2006 By Jennifer Harr 2 min read

In a motion filed in Fayette County Court, an attorney for criminal homicide defendant Edward Belch of McClellandtown claimed he has a mental infirmity. The motion, filed by Public Defender Jeffrey Whiteko, indicated that Dr. Lawson Bernstein found Belch was “unable to premeditate, deliberate and form homicidal specific intent and be fully conscious of such” in the May 10, 2005, deaths of Terri Lynn Gresko and Thomas D. Myers.

Premeditation is necessary to convict someone of first-degree murder, and prosecutors have filed notice that they will seek the death penalty if Belch is convicted of first-degree murder.

Belch, 45, of 148 Blaine Ave. allegedly ran down his ex-girlfriend, Gresko, 44, of Edenborn and Myers, 54, of Masontown with his truck on Route 21. Gresko was a passenger of Myers’ motorcycle.

State police alleged that Belch saw the two at a store in South Union Township, and followed them, weaving in and out of traffic until he caught up to them. After he allegedly hit them, police said witnesses indicated he yelled at Gresko as she lay dying.

Belch reportedly told police that he did not know that Gresko and Myers were on the motorcycle when he hit it. Court records indicate that Belch’s blood-alcohol level was .159 percent, over the legal limit of .08 percent for Pennsylvania driver. An accident reconstructionist has estimated he was traveling in excess of 70 mph when he hit Myers’ motorcycle.

Belch is charged with two counts of criminal homicide.

In a response, Assistant District Attorney Peter U. Hook asked a judge to order Bernstein’s report be turned over to prosecutors by Friday. He also asked for another 15 days for prosecutors to get their own expert to “disprove or discredit (Belch’s) claim of mental infirmity.”

A judge has yet to set a hearing date to determine the merits of the motion.