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Attorneys: Sentences contained 'errors'
Motions for reconsideration of sentences were filed for Gerald L. Szakal of Webster, who was convicted of killing Howard and Nancy Springer in March 2008, and the co-conspirator in the crime, Justin Welch of Charleroi.
Attorney Noah Geary contends that the sentence given to Gerald L. Szakal contained "several errors."
Last month, a jury convicted Szakal of two counts each of second-degree murder, robbery and criminal conspiracy to commit robbery, and one count each of receiving stolen property and theft.
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She also sentenced Szakal to 20 to 40 years for the second robbery charge, along with 31/2 to 7 years for theft, 31/2 to 7 years for receiving stolen property and two 10- to 20-year terms for the two criminal conspiracy charges. Those sentences, however, were ordered to run concurrently with the life sentences.
Geary contends that the two counts of robbery merged into the life sentence since the robbery was the underlying factor to the murders. And, even if the judge disagrees with him, Geary points out that the sentences given on each robbery count should be no greater than 10 to 20 years.
In addition, Geary contends that the two criminal conspiracy convictions also merge into the life sentence for the same reason. Even if that's not the case, Geary said Szakal should have been sentenced to only one term of 10 to 20 years, rather than two terms.
Under state law, sentences can only be imposed on one criminal conspiracy count although a defendant may have been convicted of more.
Meanwhile, attorney Joseph Francis is hoping that a third sentence will be a charm for his client, Welch.
Welch was sentenced last week by O'Dell Seneca to two consecutive 10- to 20-year terms in prison for two separate criminal conspiracy to commit homicide charges to which he pleaded guilty in September.
In pleading guilty, Welch admitted to helping Szakal obtain the gun and hatch the robbery plan that resulted in the deaths of Springer, the former Carroll Township police chief, and his wife.
Two days later, Welch was summoned back to the judge's courtroom to be resentenced on the charges. At that time, O'Dell Seneca said Assistant District Attorney Josh Carroll had brought to her attention a problem with Welch's original sentence.
Subsequently, O'Dell Seneca ordered that Welch serve two concurrent 20- to 40-year terms in prison for the criminal conspiracy convictions. The new sentence was the maximum statutory limit that could be given for such a charge in Pennsylvania.
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.
Following the proceeding, Francis pointed out that the judge had again erred by sentencing Welch on two separate counts of criminal conspiracy.
Francis reiterated his contentions in his reconsideration motion. However, in the motion Francis claims that O'Dell Seneca abused her judicial discretion by issuing the excessive sentence.
the queen : 11/7/2009
Let see, you cooperate and get slammed anyway. Hmmm that will give criminals incentive to cooperate with the law enforcement. Oh wait the wrath of Debbie will prevail. Isnt it crazy that the president judge has no idea what she is doing in a trial of this magnitude. I would put your money on the junkyard dogs of Mr Francis and Mr Geary. The voters need to keep our judges accountable for their actions. Maybe she should open a law practice with Pettit.
: 11/11/2009
It is incomprehensible to me that the President Judge would make such an error. Asst. DA Josh Carroll even tried to tell her it was an error before she did it, but he was told to sit down. Some people have too much power and think too much of themselves
