Man again appeals conviction for killing wife's ex-lover in Southwest Greensburg
An Indiana County man serving life in prison for the murder of his wife's former lover in Southwest Greensburg contends his previous lawyer made a mistake at trial that ultimately led to a first-degree murder conviction.
Richard McAnulty, 61, appeared in court Thursday to argue that the decision to have his wife testify in the trial about sexually explicit letters she received from her former boyfriend damaged the case and should require his conviction be overturned, with a new trial convened.
The state Superior Court previously upheld McAnulty's conviction.
During his 2012 trial, McAnulty claimed he became so enraged when he reread letters his wife received from Harry Mears Jr., 39, that he got in his car on July 11, 2010, took loaded weapons and ammunition and drove 30 miles to Mears' Southwest Greensburg home, where he broke through a locked door with a gun.
The prosecution said McAnulty shot Mears in the back of the leg then pursued him up the stairs until he eventually fled from the house through an upstairs window, rolled onto a porch and then to the ground. The prosecution said McAnulty went around the house and shot and killed Mears in the back as he lay on the ground and pleaded for his life.
Trial attorney Tim Andrews said the defense was based on testimony from a private psychologist who claimed McAnulty was so enraged by reading the letters that detailed sexual exploits between his wife and her former lover that it downgraded the crime to a lesser charge of voluntary manslaughter.
McAnulty's wife, Diane, testified for the defense that her husband read at least three of the four letters the day of the shooting.
“Ms. McAnulty stated she wasn't sure Mr. McAnulty reread the last email, which was the most recent. It undermined the credibility of the (psychologist)”, said new defense lawyer Eric Dee.
Andrews was the only witness to testify in Thursday's appeal hearing before Common Pleas Court Judge Richard E. McCormick Jr. He said he decided to have McAnulty's wife testify only after the prosecution failed to have its own witness authenticate the emails sent from Mears.
Andrews also said it was McAnulty's decision to forego any attempt to ask jurors to consider convicting him of a lesser charge of third-degree murder.
“It was his position that because he was in his 50s and a third-degree murder conviction would likely have resulted in a sentence of 20-to-40 years in prison that it would be a life sentence for him. He only wanted voluntary manslaughter,” Andrews said.
McCormick ordered Dee and District Attorney John Peck to submit written arguments and said he would rule on the appeal later.
Rich Cholodofsky is a Tribune-Review staff writer. Reach him at 724-830-6293 or rcholodofsky@tribweb.com.
