Another attempt to win the release of David Munchinski has failed.
The state Superior Court on Monday denied a motion by Washington County lawyer Noah Geary to quash the state's appeal that overturned a lower court's release order. That order would have freed Munchinski on recognizance bond pending his appeal of a 1986 double-homicide conviction for which he is serving a life sentence.
Geary contends that the appeal of Munchinski's Jan. 18 release order by the state Attorney General's Office is flawed. Because the decision to allow Munchinski to be released on recognizance bond does not deal with the heart of the case -- whether the order vacating the conviction will stand -- Geary said it is not eligible for further court review.
The appellate court did not agree, denying Geary's motion to quash yesterday.
A petition asking the state Supreme Court to rule on the issue, and the attorney general's response arguing that the Supreme Court is not the proper venue, already have been filed.
Munchinski, 52, formerly of Latrobe, has been in prison since 1986. He is serving time for the 1977 slayings of James "Petey" Alford, 22, of Hempfield Township, and Raymond Gierke, 28, of Bear Rocks. Both men were sexually assaulted and shot to death at Gierke's home in the Fayette County resort community during what authorities believe was a drug-motivated robbery.
On Oct. 1, visiting Northumberland County Senior Judge Barry Feudale vacated Munchinski's conviction based on findings that suggest three prosecutors hid evidence from Munchinski's lawyers during trial and post-conviction appeal hearings.
On Jan. 18, Feudale ruled that Munchinski could be released on recognizance bond for the duration of an appeal filed Oct. 8 by the state. The state's appeal challenges the 120-page ruling vacating the conviction.
On Jan. 21, the state Superior Court, which earlier had ruled that Feudale had the authority to rule on Munchinski's bond, overturned his ruling, deciding that he did not have the authority to order the release.
State constitutional law prohibits Munchinski from having bond because he was charged with a crime that carries a maximum punishment of life in prison, according to an order issued by the state Superior Court.
