New trial sought for man sentenced to life for indecent assault
The attorney for a Mill Run man sentenced to life in prison following an indecent assault conviction has filed court papers asking a judge to grant a new trial and reconsider the sentence.
Fayette County Judge Gerald R. Solomon sentenced Richard Bowers, 71, to life in prison in August under a statute that allows for that penalty because he has prior rape convictions. However, Bowers’ attorney, John M. Zeglen, contended in court papers that prosecutors should have given notice they were seeking that sentence and that Bowers’ prior crimes were not sufficient to fit under that statute.
Bowers was convicted earlier this year of inappropriately touching a girl while she was between the ages of 4 and 6. A jury acquitted him of rape in the case.
Zeglen argued that the verdict was contrary to the evidence and the law.
He also argued that a judge should have thrown the case out before it came to trial. Zeglen filed a suppression motion challenging whether there was enough evidence to bring the case, and indicated in his filing that a judge should have thrown it out at that point.
Additionally, Zeglen argued that the case should have been dismissed because prosecutors failed to bring Bowers to trial in the one-year time limit for trying cases where the person charged is free on bond.
The filings also indicated that Zeglen should have been allowed to continue the case, but was not under “an unwritten local court policy” that says criminal trials have to be continued the week before they are supposed to be tried. The written rule only requires that a request for a delay to be filed 48 hours before the start of the trial, Zeglen wrote.
Zeglen’s motion also included a motion to reconsider the life sentence, noting that it is “an inappropriate and illegal sentence.”
Bowers did not meet the requirements under that statute that allowed for a life sentence. Zeglen noted that Assistant District Attorney Linda Cordaro did not provide notice of her intention to seek such a sentence, and the statute requires notice, he argued.
“The court abused its discretion in that the sentence imposed was unreasonable and excessive under the circumstances of the case,” Zeglen wrote. “The sentence constitutes cruel and unusual punishment and it is therefore unconstitutional under the United States Constitution and the Constitution of the Commonwealth of Pennsylvania.”
Solomon also should have considered Bowers’ age, family history, education, employment history and letters asking for leniency when he fashioned his sentence, the filing indicated.
Solomon has given both sides time to file briefs on the motion.