Jul 1, 2015 5 min read

A Dunlevy man convicted four years ago of the 1977 murder of a Charleroi teenager claims his nonjury trial coincided with disgraced Washington County judge Paul Pozonsky’s use of cocaine and therefore he should have a new trial before a judge from another county.

Robert William Urwin Jr., 58, an inmate at the state prison in Somerset, hired Philadelphia attorney Brian J. Zeiger, who drew parallels from Pozonsky’s own criminal case in a motion for a new trial.

Pozonsky, 59, who admitted to stealing and using cocaine evidence during his time as a Washington County judge, is scheduled to be sentenced July 13 in the same courthouse where he was once a member of the bench. He pleaded guilty in March to misdemeanor charges of theft, obstruction of justice and misapplying entrusted government property.

“The time during which Pozonsky stole narcotic evidence for his personal use overlapped with the time period he was presiding over (Urwin’s) case,” Zeiger wrote in a motion he filed in Washington County Court. “The implication shocks the conscience.

“During the relevant time period, Pozonsky was both using stolen cocaine and making decisions about (Urwin’s) case, including … pre-trial motions, trial objections, post-trial motions, sentencing and post-sentencing motions … It is very likely Pozonsky was using cocaine in his chambers during work hours and while deciding to convict Robert Urwin. Pozonsky’s suppression hearing revealed a number of bizarre behaviors illustrating the judge was not of sound mind but was under the influence of a narcotic and driven by a drug addiction.”

Urwin maintains Pozonsky was not competent to preside over his case, which included complex scientific issues on DNA evidence, violating Urwin’s due-process rights, but a Washington County judge should not decide these matters. Because Pozonsky served with Judge John DiSalle and two of the five judges now comprising Washington County’s bench, Urwin’s attorney asked that DiSalle recuse himself and that Urwin’s case be assigned to an out-of-county judge.

Either Pozonsky or court employees could potentially testify about the Urwin case, and Zeiger wants to see a judge from outside Washington County Court preside over post-conviction hearings to remove “the possibility of bias and/or the appearance of bias.”

No date has been set on the matter and DiSalle said that in these type of petitions for what is known as “post-conviction relief” and motions for recusal, he would ask the prosecution to respond to Urwin’s motion.

Pozonsky found Urwin guilty of third-degree murder and criminal homicide and sentenced him to serve 10 to 20 years in prison. The judge dismissed a conspiracy charge.

Pennsylvania Superior Court affirmed Urwin’s sentence last year and the state Supreme Court declined to hear further argument.

Mary Irene Gency was 16 years old when she was slain Feb. 13, 1977. She and Urwin dated for nearly two years, but the couple broke up shortly before her death. Six days after her disappearance, Gency’s nude, frozen body was found in a field along Gun Club Road in Fallowfield Township. An autopsy determined Gency’s skull was fractured in numerous places after it was hit several times. It also determined Gency was pregnant.

It wasn’t until May 24, 2010, that David Bernard Davoli, 57, also of Charleroi, and Urwin were arrested based on DNA evidence.

During Urwin’s trial, Davoli testified that fear for his safety and the safety of his family is what kept him from telling the truth for more than three decades.

According to Davoli, in a published account from December 2011, on the night of the murder, he and Urwin were driving around in Davoli’s Buick, drinking and smoking marijuana. He said they picked up Gency and drove to the Charleroi High School parking lot to roll joints.

Davoli said Urwin and Gency immediately got into an argument over his relationship with her best friend. He said Urwin punched Gency in the face while they were in the school parking lot.

The trio then drove to an area on Gun Club Road in Fallowfield Township. Davoli testified they both had sex with Gency in the vehicle prior to Urwin pulling her out of the car, dragging her across the ground and striking her in the back of the head with a tool.

He said Urwin continued to strike her until they disappeared down an embankment into a wooded area. Davoli said he remained in the back of the car and never attempted to stop Urwin. Gency’s body was found there six days later.

Davoli was arrested July 1, 1977, for the murder but was released three weeks later when a judge ruled there was insufficient evidence. Davoli pleaded guilty to hindering apprehension and tampering with physical evidence Sept. 30, 2011, also before Pozonsky, who dropped a homicide charge in accordance with a plea bargain that he cooperate in Urwin’s case.

Pozonsky sentenced Davoli to 2 to 4 years in prison, followed by two years of state probation.