A Fayette County judge erred by failing to suppress Harry Collins' statements to Connellsville police about a series of arsons, a defense attorney argued Friday in an appellate brief.
Jurors convicted the 59-year-old Collins in January of two arsons in the city. The mentally retarded Connellsville man is serving 4 to 20 years at the State Correctional Institution in Marienville, Forest County.
The two small fires were among 26 arsons between October 2003 and April 2005, when Collins was arrested. He was acquitted of two others.
In a brief to the Superior Court, attorney Thomas W. Shaffer said Collins was "incapable of making a knowing, intelligent and voluntary waiver of his Miranda warnings" when he spoke with investigators seven times before the arrest.
During the interviews, Collins told police about a dual personality that he described as a "good Harry" and a "bad Harry." Police also said he frequently cried during the meetings.
Common Pleas Judge John F. Wagner denied a motion last fall to suppress the statements.
Shaffer also contends the four arson incidents should not have been merged by the trial judge, Gerald R. Solomon.
Connellsville police had filed one case for a February 2005 fire at the Wesley United Methodist Church, then presented the charges for three previous blazes in a separate criminal complaint.
At the sentencing, District Attorney Nancy Vernon said evidence collected by police and federal agents suggests Collins might have been responsible for as many as 15 other city fires.
