May 8, 2007 By Jennifer Harr 3 min read

The attorney for a Masontown woman accused of drowning her 2-year-old son in 1976 has claimed she was incapable of voluntarily waiving her rights when she talked to state police last year. Glenda Masciarelli, 53, has a history of mental illness, attorney Nicholas Timperio said in a motion to suppress the statements she gave to police. If Masciarelli did not knowingly and voluntarily waive her rights, any statements she gave to police cannot be used at her trial.

During interviews with police last year, Masciarelli reportedly told police that she lied 30 years ago when she said that a man kidnapped Alfred Masciarelli Jr. on Sept. 26, 1976. She reportedly told police that she harmed the boy, but could not remember how.

Based on that, trooper Jeffrey Ramsey filed a lone count of criminal homicide against Masciarelli, who has been incarcerated in Fayette County Prison since her arrest.

In his motion, filed last week, Timperio indicated that Masciarelli was under duress when she spoke with police and was “inappropriately coerced” into making statements to police. Discovery documents filed last month indicated that Masciarelli had made visits to mental health agencies in the past.

Earlier this year, Timperio filed a challenge of the sufficiency of the evidence brought against Masciarelli. He indicated that testimony from Allegheny County forensic pathologist Dr. Cyril H. Wecht was not sufficient to show that the child’s manner of death was homicide.

Wecht indicated that because the creek was only 11/2 feet deep, Alfred Masciarelli Jr. could have stood up if he fell in. At that time, Judge John F. Wagner Jr. found that there was enough evidence for a jury to decide the case.

Wecht was not involved in the case when the child died, and based his opinion on a review of the autopsy conduced after the boy’s death and other parts of the case file.

In his latest motion, Timperio argued that both Wecht’s opinion and the original autopsy should be excluded because that original autopsy does not contain enough information to support Wecht’s opinion.

A judge will likely hold a hearing on the motion, but a date has not yet been scheduled. On May 18, Masciarelli will go before Wagner again, this time to request that he set bond.

Because she is charged with criminal homicide, only a Common Pleas Court judge can set bond, and only it is not likely that she will be convicted of first-degree murder. To be convicted of first-degree murder, a jury would have to be convinced that Masciarelli acted with premeditation.