Judge to appellate court: Juror seeing man on trial being escorted by deputies did not influence verdict
Washington County Judge John DiSalle, in a 29-page opinion, asked the state Superior Court to dismiss a petition for post-conviction relief filed by Cameron Reihner, 27, who was found guilty of aggravated assault and other charges.
A Washington County jury in 2014 found Reihner, formerly of Washington, guilty of aggravated assault, simple assault, possessing an instrument of crime, recklessly endangering another person and disorderly conduct.
He was sentenced 83/4 to 171/2 years in a state prison and ordered to pay the victim, Jonathan Irizzary of Houston, $17,103 toward medical bills. Among Irizzary’s injuries were partial loss of sight, facial fractures and a broken ankle.
Reihner is serving his sentence in a state maximum-security penitentiary in Marienville, Forest County.
A late-night meal June 23, 2012, at Denny’s Restaurant on West Chestnut Street, Washington, turned into an argument among groups of people who did not know each other.
Irizzary and his brother, Stephen, exited the restaurant and drove to their home in Houston, but they were followed and later beaten with a baseball bat.
Representing Reihner in his post-conviction procedure is Steve Toprani, former Washington County district attorney.
DiSalle addressed several points by which Toprani hopes to win his client a new trial or a lesser sentence.
The judge found Reihner’s trial attorney, Peter V. Marcoline III, was not ineffective in his representation by failing to object to the retention of a juror who saw Reihner “in custodial transport” by the Washington County sheriff.
The juror said she was waiting for a ride home at the Main Street entrance to the courthouse when she saw Reihner being escorted into the marked sheriff’s vehicle.
When DiSalle learned of the situation and questioned the juror, she affirmed she would be able to assess trial testimony fairly and impartially and without bias toward the defendant.
Those who are free on bond can come and go to the courthouse alone, but deputies must escort the accused who are incarcerated.
DiSalle noted Pennsylvania law generally requires showing that a juror was prejudiced before warranting relief for a defendant.
Once they were deliberating Reihner’s case, jurors passed a note to the judge saying that, after several hours of deliberations, they were deadlocked.
DiSalle said he was still reviewing instructions to give to jurors under those circumstances when, 25 minutes later, they submitted another note saying they had reached a verdict.
“There was no reason for trial counsel to be present at the time the trial court answered the jury question,” DiSalle wrote.
DiSalle had dismissed Reihner’s petition for post-trial relief without convening a hearing.
In conclusion, he determined, “The trial court reviewed the entire record and there is no evidentiary support for any of (Reihner’s) allegations, which makes an evidentiary hearing unnecessary.”