Normalville man to represent himself in murder appeal
A man serving life in prison for killing his 13-year-old cousin in 2003 will be able to represent himself during a post-conviction hearing.
“I’ve put more time in my case than any attorney,” said Brian K. Hays, 28, of Normalville.
However, Hays said he could not name any witnesses he would call during a hearing scheduled and asked Fayette County Judge Steve P. Leskinen to delay his appeal hearing for three to six months.
Hays was convicted of second-degree murder for killing Danielle Nicole McManus on May 3, 2003. State police charged he sexually assaulted the teen, and then burned her body in a van that was in a Bullskin Township junkyard near her home. Hays also was convicted of statutory sexual assault and abuse of a corpse. Police arrested him after they matched DNA from seminal fluid found in McManus’ body to Hays because the fire did not destroy her lower torso.
Hays told police that he had sex with her, they smoked crack cocaine, and she went into convulsions and died. He later changed his story to deny smoking the drug.
Police theorized that Hays had a forced sexual encounter with McManus at her home, and possibly killed her there, then carried her body to the van, where he set it on fire.
Because her body was so badly burned, a forensic pathologist was unable to determine the cause of McManus’ death.
Hays told Leskinen that he did not know why he was being transported from the state prison to Fayette County, and said he did not bring his legal files on the case. He told the jurist that he has the names of witnesses he intends to call with his legal documents.
“So, you’re in prison on a Fayette County life sentence, you’ve been focused on this case since you’ve been convicted .. and you can’t name one single witness you’d call if you were allowed to represent yourself?” Leskinen asked.
“Not one,” Hays said.
Leskinen continued the hearing, which has been ongoing since 2007, but said he would not delay it further once he sets a new date.
“There will be no further continuances granted to the defense for any foreseeable reason,” Leskinen said.