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Attorney: Welch charges in error
Justin Welch, 22, of Donora, was summoned back to the judge's courtroom Thursday to have the sentence he received on Tuesday amended due to what O'Dell Seneca called a miscommunication.
O'Dell Seneca said Assistant District Attorney Josh Carroll on Wednesday brought to her attention a problem with Welch's sentence in which he received two consecutive 10- to 20-year terms in prison for two separate criminal conspiracy to commit homicide charges that he had pleaded guilty to in September.
After review, O'Dell Seneca said she determined that the case had to be remanded for resentencing. She then proceeded to sentence Welch to two concurrent 20- to 40-year terms in prison for the criminal conspiracy charges. The new sentence is the maximum statutory limit that can be given for a criminal conspiracy to commit homicide in Pennsylvania.
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Szakal was convicted this month of second-degree homicide in connection with the Springers' deaths. He was sentenced Wednesday to life in prison plus 20 years for robbing and killing the couple who were precious metals dealers who had previously purchased items from Szakal.
At Welch's original sentencing, O'Dell Seneca called Welch the "catalyst" for the Springers' deaths. Although she noted Welch's cooperation with the prosecution during Szakal's trial, the judge said, "I can't get it out of my mind that you were at the center of this event."
Upon resentencing, O'Dell Seneca said that her reasoning for the sentence had not changed and she wanted to ensure that Welch receives the full time in prison that she originally intended for him to serve. At no time did the judge refer to having made an actual error in Welch's sentencing.
However, after the proceeding, Welch's attorney, Joseph Francis, said the judge not only erred with the first sentence, but she was wrong with the subsequent sentence as well.
"She's confused; it's still an illegal sentence," said Francis.
According to Francis, under Pennsylvania law, a person cannot be sentenced on two separate counts of criminal conspiracy charges in the same matter.
Francis said he had realized the flaw Wednesday night and did not have time to take action before he was notified of the resentencing procedure.
Now, he said, he will immediately file an appeal with the state Superior Court. His appeal will touch upon O'Dell Seneca's issuance of the maximum sentence for his client without giving a full explanation detailing the aggravating circumstances that justified her doing so. Francis said the standard range of sentencing is eight to 20 years.
"She said he was the catalyst. He wasn't the catalyst; Jerry Szakal was the catalyst," Francis said. "Jerry Szakal was going to commit this crime one way or another."
Francis also said O'Dell Seneca ignored other mitigating factors, including that it was due to Welch's cooperation that prosecutors were able to prosecute Szakal; that his testimony at trial was direct and not elusive; and that he has been the only one to show remorse for the Springers' deaths.
Francis also pointed out that at Welch's original sentencing, Carroll attempted to make O'Dell Seneca aware of the issues but he was abruptly told to sit down and that he wasn't a part of the proceeding.
Now, Szakal's attorneys, Noah Geary and Erin Dickerson, are questioning the sentence their client was given Wednesday.
In addition to the two concurrent sentences of life in prison, Szakal was sentenced to a consecutive term of 20 to 40 years in prison for one of the two robbery convictions.
Szakal was also sentenced to 20 to 40 years for another robbery charge, along with 31/2 to 7 years for theft by unlawful taking, 31/2 to 7 years for receiving stolen property and two 10- to 20-year terms for two criminal conspiracy charges. Those sentences, however, were ordered to run concurrently.
The potential problem involves the consecutive sentence Szakal received on the first robbery conviction. Due to the robbery charge being an underlying factor to the homcide, no consecutive sentence should have been imposed.
In addition, the attorneys are looking into the two separate concurrent sentences that Szakal received for the two criminal conspiracy to commit robbery counts.
"We are definitely examining the matter," said Dickerson.
The district attorney's office refused to comment.
Related articles:
Springers' killer gets life
Judge sentences co-defendants who reached plea deals in Springer slayings
Charleroi man gets 2 to 4 years in connection with Springer slayings
Judge denies Szakal's request
Szakal guilty in double killing
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WHAT : 10/30/2009
ALL THIS CONFUSSION OVER HIS SENTENCE.....HE SHOULD HAVE GOT THE CHAIR....THE ELECTRIC ONE!
RIGHT ; 10/30/2009 : 10/30/2009
we should be able to get this right pretty soon .
Think : 10/30/2009
WHAT: I hope you make a big mistake someday and people have the opportunity to judge you. You should think before you judge others.
what : 10/30/2009
the young man was railroaded,he had the least to do with the whole crime
: 11/1/2009
Ha, Ha, Ha. No......... The queen up on her perch would never make a mistake ! Some day the county will have a knew President Judge.... some day
what : 11/1/2009
Mr welch had the least to do with this crime and got the most time outside of mr szakel's sentance he deserves to do time but not the rest of his life
TIME; 11/2/2009 : 11/2/2009
they all should of thought of the time be for they did the crime .
