Munchinski petitions judge for bail
The attorney for a Latrobe man convicted of a 1977 double slaying in Bear Rocks formally petitioned the federal judge hearing his latest appeal for bail on Wednesday. David Munchinski, 58, has a high likelihood of success, is in grave health and otherwise should be released from prison, his attorney, Noah Geary, stated in a filing before Judge Lisa Pupo Lenihan.
Geary said Munchinski has close relatives in Florida and Allegheny County who would let him stay with them if Lenihan releases him on a recognizance (ROR) bond, meaning he would not have to post money.
“Simply put, this is an extraordinary case, involving shocking, indefensible prosecutorial misconduct. If there was ever a case, in any jurisdiction in America, when release on ROR bond pending a ruling + was justified, it is this case,” Geary wrote.
Munchinski was convicted in the shooting deaths of Raymond Alford and James Gierke. The men were killed in a chalet in Bear Rocks, Bullskin Township, on Dec. 2, 1977. Munchinski and Leon Scaglione were convicted in their deaths in 1986.
Both were sentenced to two life terms. Scaglione died in prison several years ago.
Munchinski has always maintained his innocence, and consistently mounted appeals.
Munchinski’s conviction, as well as two appeals under the Post-Conviction Relief Act, were denied. A third PCRA was granted by a visiting judge who found that Fayette County prosecutors who tried the case in 1986 withheld evidence.
Munchinski’s conviction was vacated, and a retrial barred. However, prosecutors appealed the decision and the state Superior Court reversed it, and reinstated Munchinski’s conviction.
In the opinion, the court noted that many of the items Munchinski’s attorney claimed were newly discovered were known to him long before.
The current federal appeal followed.
Deputy Attorney General Gregory J. Simatic previously said no “extraordinary circumstances” exist to warrant letting Munchinski out of prison while the appeal is decided.
Earlier this summer, Lenihan heard arguments in the case, but has yet to render a decision on the appeal.