Appeals panel affirms Chesco vehicular-homicide sentence

A Superior Court panel rejected an appeal by defense attorneys in a contentious homicide-by-vehicle case that has been linked to the firing last week of a longtime Chester County prosecutor.

In a 12-page opinion issued Tuesday, the panel affirmed Judge Anthony A. Sarcione's sentence for Brian O'Neill, 22, of Elverson, who was convicted of homicide by vehicle in August 2010 for causing a car crash that killed a Norristown couple. The ruling also denied a defense claim that prosecutorial misconduct entitled O'Neill to a new trial.

The prosecutor, former Chief Deputy District Attorney Robert L. Miller, a 24-year veteran of the office, said Tuesday that his refusal to "soft-pedal" the case resulted in his firing last week by District Attorney Tom Hogan, who took office this month.

Hogan worked previously for the West Chester law firm of Lamb McErlane, where the defendant's father, Thomas O'Neill, is a partner. Three attorneys from the firm represented Brian O'Neill at trial.

Hogan has denied Miller's assertion about his termination but said he could not elaborate on a personnel matter. He referred comment Wednesday to First Assistant District Attorney Michael G. Noone.

"We're satisfied with the Superior Court result, and we stand by the prosecution of the case," Noone said.

According to trial testimony, Brian O'Neill, who had smoked pot before getting behind the wheel, drove a Dodge Dakota the wrong way on an exit ramp of Route 202 in West Whiteland Township on Sept. 6, 2009, about 2 a.m. He entered the highway and collided head-on with a Suzuki Sidekick. The recently married occupants, George Parker, 47, and Diane Washington, 45, both died; O'Neill attempted to flee by jumping over a guardrail, but was caught by police.

"We think the Superior Court missed our point, which is that the conviction was secured through the use of a lab report, which the prosecutor later admitted was incorrect," said defense attorney Daniel R. Bush.

In the ruling, the panel stated that two reports on O'Neill's blood-alcohol level - one which said "no alcohol was detected" and another which stated "quantity not sufficient" - were not substantially inconsistent. Moreover, O'Neill was acquitted of homicide by vehicle while driving under the influence, suggesting he benefited from defense questions about the differing results.

Bush said a decision on whether to appeal the decision had not been made. O'Neill is serving a 45-to-108-month prison sentence.

Contact staff writer Kathleen Brady Shea at 610-696-3815, kbrady@phillynews.com, or @brandywinebits on Twitter. Read her blog, "Chester County Inbox," at www.philly.com/chescoinbox.
Read More @ Source



Criminal Stories Here

Comments

Post a Comment

Popular posts from this blog

Homicide victim found at vacant Everett house

Image
EVERETT -- Police on Wednesday were canvassing the View Ridge-Madison neighborhood in Everett after a man was found dead there the night before. A neighbor spotted the man on the ground outside a vacant house at 22 Madison St. He called 911 about 6:20 p.m. The man had obvious signs of trauma to his torso, police said. He looked to be in his late 20s or early 30s. The Everett Major Crimes Unit is investigating the death as a homicide, Lt. Robert Goetz said. Detectives declined to say more about how they believe the man may have died. There are no identified suspects or motives. Detectives received a search warrant around 11:45 p.m. Tuesday and collected evidence at the scene. They returned Wednesday afternoon to look for clues in the daylight, Goetz said. The victim's identity had not been determined as of late Wednesday afternoon. The body was turned over to the Snohomish County Medical Examiner's Office. Anyone with information is asked to call 425-257-8450. Rikki King: 425-
Keep reading

Manslaughter charges possible in boy's death

Image
Published: Thursday, August 23, 2012, 5:55 p.m. MONROE -- Detectives believe a 7-year-old Monroe boy's parents should face second-degree manslaughter charges in connection with his January overdose death. Monroe police this week wrapped up their probe into the boy's Jan. 30 death and forwarded the case to prosecutors to decide if his parents should face criminal charges. Snohomish County deputy prosecutor Lisa Paul likely will begin reviewing the case in the coming days. She doesn't expect to make a charging decision in the near future, however. "It's quite an extensive investigation, and I want to review it thoroughly before I make any decision," she said. The boy, identified as "A.J." in court papers, ingested a lethal amount of salicylates, a chemical common in aspirin and other over-the-counter drugs. The medical examiner declined to conduct an autopsy on the boy, making it difficult to determine how the drug ended up in the boy's system. A
Keep reading