M.D. writing from Pennsylvania
“I’ve been unjustly incarcerated for almost half a century.”
Location
North Hampton County, Pennsylvania
Crime of Conviction
Murder in the first degree
Year of Conviction
1977
Legal claims
Incarcerated for 46 years, arrested in 1976, convicted of first degree murder of his wife in 1977. Won a new trial due to ineffective assistance of counsel in 1982. Was re-convicted of first degree murder in 1982. He was recommended for clemency in 1987 and 1989 by the Board of Pardons, but was twice denied by Gov. Bob Casey Sr. He is a Vietnam War veteran and has suffered from Service Connected PTSD.
The special prosecutor who tried his case wrote a letter to the Board of Pardons in 1987, in which he admitted that the conviction for first-degree murder would not have resulted had he not been able to introduce M.D.'s testimony at a prior trial (which was handled by the DA’s Office and resulted in a conviction for first-degree murder that was reversed on appeal). The special prosecutor believed the damaging nature of this testimony was attributable to the incompetence of M.D.'s counsel at the first trial (who was a recent law school graduate and civil law practitioner), and that the facts of the case did not warrant a first degree murder conviction (per post-conviction defense counsel, the prosecutor even wrote a letter to Gov. Casey stating that M.D. should have been convicted of voluntary manslaughter). The special prosecutor had struck a plea bargain for third-degree murder with the defense, and admitted in his letter to the Board of Pardons that he did this because he believed the jury could have returned a voluntary manslaughter verdict. However, the plea bargain was rejected by the trial judge and the case proceeded to trial. (In exchange for recommending this plea bargain, the special prosecutor had gotten M.D. to waive his speedy trial rights.)
Despite the existence of legitimate appeal issues (per M.D.'s post-conviction counsel), M.D.'s trial counsel failed to file a notice of appeal; there was no direct appeal. Following the instant conviction, M.D. brought a post-conviction motion, but agreed to withdraw it in exchange for the trial judge and prosecutor's recommendations for clemency; the judge agreed to dismiss the motion without prejudice to renewal should his clemency petition be denied (as it was). After denial of the clemency petition, the trial judge appears to have not honored his agreement (the transcript of the hearing where this agreement was recorded is not available because the stenographer, upon retirement, illegally discarded the transcript, but the “without prejudice” agreement is written as a Court Order on the official docket and confirmed in a letter written by his post-conviction counsel). . . .”
M.D. is seeking a lawyer’s help with a Habeas petition.
Procedural issues
M.D. was recommended for clemency in 1987 and 1989 by the Board of Pardons, but was twice denied by Gov. Bob Casey Sr.
M.D. has repeatedly been denied clemency following the two petitions that were denied by Gov. Casey, and filed another clemency petition in 2019, which was denied on October 13, 2022. M.D. will be able to file again in two years.
Counsel
No counsel currently reported.