Sep 14, 2017 4 min read

Attorney Noah Geary’s assertion he shouldn’t be forced to work on a death penalty case with another attorney with family ties to a separate case in which Geary is involved sparked a contentious back and forth with a Washington County judge Thursday.

Geary said his work defending Brandon Wolowski would be affected with Jeremy Davis as his co-counsel. Geary is pursuing a federal lawsuit on behalf of David Munchinski, a former state inmate who was convicted on evidence that later was discredited during Gerald Solomon’s tenure as Fayette County district attorney. Solomon is Davis’ cousin.

Geary wrote in court papers supporting his motion for a reconsideration of Davis’ appointment that Wolowski “is literally on trial for his life. He is entitled to two lawyers working together on his case, one of whom who has not sued the other’s relative in a highly personal and contentious case.”

DiSalle disagreed Davis’ appointment presented a conflict.

“How is that a conflict for Brandon Wolowski, that you sued somebody else?” DiSalle asked.

DiSalle took Geary’s request under advisement, pending additional information from Geary. Geary sought the appointment of attorney Thomas Farrell, who Geary said agreed to represent Wolowski with him.

Davis said following the hearing only that he disagreed with Geary, “but I’m leaving it to the court’s discretion.”

DiSalle appointed Davis last month as co-counsel for Wolowski, 23, of Washington, who faces charges including homicide and attempted homicide in connection with shootings Jan. 8, 2013, at a home in the city.

Geary also represents Munchinski in a federal lawsuit contending Solomon – now a Fayette County senior judge – and other law enforcment officials withheld exculpatory evidence from Munchinski, who was convicted in 1986 on charges he and an accomplice murdered two men in Bear Rocks nine years earlier. Munchinski was released in 2011 after his conviction was vacated by the federal district court in Pittsburgh.

Charges against him were later dismissed.

Geary, who also represented Munchinski on appeal, said in his motion he “alleged and proven Mr. Davis’ cousin, Solomon, unlawfully hid blatantly exculpatory evidence from Munchinski four times throughout four different legal proceedings over the span of 20 years.”

He argued Davis’ appointment in Wolowski’s case would “materially limit” his work on behalf of Woloski. He said he didn’t want Davis in his office across from the courthouse, the logical place for them to meet, because he keeps files and notes related to Munchinski’s case there.

Munchinski and Wolowski weren’t at the hearing, but also objected in writing to Davis’ appointment.

DiSalle offered other places where the attorneys could meet, including the local bar association.

He also maintained he couldn’t see how Davis entering Geary’s office presented a problem for either case and accused Geary of “spending more time on your problems with the Solomon family” than defending Wolowski.

DiSalle and Geary disagreed about the substance of a discussion concerning Davis’ apointment during a recent status conference.

The judge recalled Geary saying he could work with Davis. Geary countered he said he’s generally easygoing and “can work with anybody” but also said on that occasion that he and Davis have a conflict of interest.

Geary said he contacted Farrell, who has the necessary qualifications to handle the death-penalty case, immediately after the status conference and then notified the court Farrell had agreed to work with him. The Washington County district attorney’s office didn’t object to Farrell’s appointment.

Wolowski faces trial in connection with shootings at a home in the 900 block of Fayette Street. Matthew Mathias, 37, died of a gunshot wound to the chest that perforated his left lung. His girlfriend, Michelle Powell, 38, was shot in the cheek, chin, chest and arm but survived after undergoing surgery.

Before she was flown by helicopter to a Pittsburgh hospital, Powell reportedly gave a statement to police that pointed to Wolowski as the perpetrator, and he was taken into custody shortly thereafter. Guns were the objective of the robbery, according to testimony at a preliminary hearing.