Long waits for defendants seeking trials in murder cases

Seventeen people are currently being charged, but none of them are set for an immediate trial.

By RICH CHOLODOFSKY
TribLive

There are 17 defendants facing homicide charges in a dozen pending cases in Westmoreland County.

None of them will go to trial when the next criminal term begins today.

According to the county’s court administration office, five homicide trials have been pending for at least three years. One, a death penalty prosecution involving a defendant accused in the beating death of a 2-year-old child, dates to 2020.

“Our goal is always to try the case in a timely manner in order to reach a resolution and provide closure for the victims and their families,” said Melanie Jones, spokeswoman for Westmoreland County District Attorney Nicole Ziccarelli. “Homicide cases are usually the most complex cases, due to extensive evidence, motions filed, preparation and, at times, continuances at the defendant’s request. We have to respect due process and the defendant’s right to a fair trial.”

State law requires defendants charged with crimes to have a trial within six months if they are in jail. Prosecutors are given up to a year for those free on bond.

Those deadlines are not fixed, and trial dates can be pushed back for months, and in some cases years, because of procedural delays and court challenges.

That’s what has happened in the death penalty case against Keith Dale Lilly Jr., 36, of New Kensington. Lilly has been in jail without bond since his arrest in 2020. His case has been listed for trial at least five times since last May, but it was postponed each time to allow his lawyers more time to prepare his defense.

His case is currently listed for trial in May.

Criminal court administrator Pete Flanigan said the average time it takes most cases to go to trial in Westmoreland County is about 18 to 24 months.

Death penalty prosecutions such as Lilly’s typically take much longer, he said. A defendant facing a potential death penalty has to first present a defense to the homicide charge; then, if convicted, a separate proceeding is held before the same jury is convened to determine whether capital punishment is warranted.

Two death penalty cases are pending in Westmoreland County.

Jean Charles, 43, of Brackenridge was charged in 2022 with first-degree murder in the death of his 9-year-old son in New Kensington. His trial has not been scheduled. Defense arguments on a pending pretrial motion seeking to dismiss the case against Charles are due this month.

Homicide trial delays have become routine.

A Delmont couple, Lauren and Jacob Maloberti, in jail since they were charged in 2023 in the killing of their adopted 5-year-old son, appeared in court March 31 for what was supposed to be a hearing on the prosecution’s request to bar the defense from seeking specific medical testimony.

The defense hired a private epidemiologist to challenge prosecution evidence that the child’s injuries were caused by parental abuse. Prosecutors contend the defense expert is not qualified to render an opinion as to the cause of death.

The hearing was postponed suddenly when defense attorneys disclosed in court that a scheduling conflict prevented their expert from attending.

“I expected this (hearing) to happen today,” Common Pleas Judge Scott Mears said before he agreed to delay it until this summer. “I get irritated when I spend hours looking at this then no one shows up.”

Westmoreland County conducts criminal trials just one week every month. Each of the four criminal court judges controls a separate docket, but trial scheduling is set by the court administrator.

According to the county’s annual report on court productivity, 31 criminal trials were conducted in 2021, 45 in 2022 and 37 in 2023. Statistics for 2024 have not been released.

Attorney Brian Aston, a veteran trial lawyer who has defended multiple murder defendants in Westmoreland County, said case delays result from procedural issues and tactics.

“In some of these cases, time and distance is your friend. That is a strategy that works,” Aston said.

Death penalty cases, he said, can be the toughest to prepare for trial.

“It’s not unusual for a death penalty case to take 24 months. If you do it any faster, (a conviction) will get overturned,” Aston said.