Prosecution argues against change of venue for homicide trial
A North Union Township man accused of stabbing a woman to death earlier this year wants his trial held in another county, but the Fayette County District Attorney’s office has asked a judge to deny the request.
Henry Clay Crawford, 56, was charged with criminal homicide after police responded to a call at Lisa Tupta’s North Union Township home on Jan. 28 and discovered Tupta suffering from stab wounds Crawford allegedly inflicted. She was taken to Uniontown Hospital, where she later died.
Prosecutors have filed notice they will seek the death penalty if Crawford is convicted of first-degree murder.
On Oct. 10, Crawford claimed his case was receiving negative publicity and asked for a change of venue.
Assistant District Attorney Meghann Mikluscak wrote in the Commonwealth’s response that Crawford “has failed to specifically cite any newscasts or news articles as being inflammatory or sensational.”
“The mere occurrence of pre-trial publicity does not warrant a change of venue,” she added, citing state Superior Court precedent. While pre-trial coverage is to be expected in a homicide case, Mikluscak explained, the coverage in this has been factually and legally based, referring to the cause of death and court proceedings thus far.
Mikluscak also refuted Crawford’s claims that “many people have stated that they knew the victim and discussed the character of both the victim and defendant.”
“Without (Crawford) providing the Commonwealth, and the Court, a list of these referenced individuals and the nature of their conversations, and before voir dire is conducted, it cannot be stated that ‘an impartial jury cannot be selected’ in Fayette County,” Mikluscak wrote.
Crawford has argued in previous letters to the court that his case has received extra attention because the alleged crime involves a black defendant and a white victim.
In the Oct. 10 letter requesting a change of venue, Crawford requested to have a different attorney appointed to represent him, which Judge Steve P. Leskinen denied the following day.
Several hand-written letters from Crawford have been added to his criminal file since May, repeatedly requesting discovery materials and claiming he is being ignored by the public defender’s office.
The clerk of courts responded to Crawford’s requests for the thousands of pages in his file by explaining he would need to pay for them at 25 cents per page.
Prosecutors announced at Crawford’s formal arraignment that they plan to seek the death penalty in this case, which Public Defender Jeffrey Whiteko challenged in a series of motions.
Argument of pre-trial motions has been delayed by court order until Crawford can receive a mental health examination and be evaluated to determine if he is competent to stand trial. Crawford remains in Fayette County Prison without bond.