Westmoreland County court officials are investigating allegations that a Latrobe lawyer had improper contact with jurors serving during the penalty-phase trial of admitted murderer Melvin Knight.

Two female jurors have accused attorney J. Allen Roth of speaking with them during the trial, according to transcripts of a private hearing conducted by Judge Rita Hathaway, who is presiding over the trial.

In April, Knight pleaded guilty to first-degree murder in the torture and murder of Jennifer Daugherty, 30 of Mt. Pleasant. The prosecution is seeking the death penalty for Knight.

Hathaway has repeatedly instructed jurors to avoid discussing the case with others, reading newspapers or obtaining information from sources outside the courtroom. She told jurors to not take offense when courthouse workers avoid contact with panel members.

“There was absolutely nothing inappropriate in what I did,” Roth said on Tuesday. “A juror said hello to me in the hallway. She was a pretty woman who said hello, so I started talking to her. It was general conversation.”

As attorneys were poised to give opening statements to the jury on Monday, Hathaway delayed the trial and conducted a hearing in her chambers, where both jurors and Roth were interviewed. One of the jurors said Roth approached her as she sat outside Hathaway's chambers on Monday, the transcripts indicate.

The woman was wearing a white badge, with the word “Juror” written in blue ink, pinned to her chest.

The juror said Roth advised her that lawyers should be “entertaining” in the courtroom and that he was one of the best defense attorneys in the county.

“Yes, I did say that,” Roth told Hathaway, according to the transcript.

A second juror told Hathaway that she was approached by a man while sitting in the courtroom last week during jury selection.

“Somebody just leaned in and said I looked nice that day. I don't know who it was, ” the juror testified.

“He didn't introduce himself?” Hathaway asked.

“No,” the juror replied.

“He just told you, 'You look nice.' Did he ask for your phone number or anything?” the judge asked.

“No. I thought it was odd,” the juror said.

“Yes, very odd,” Hathaway said.

Hathaway said her staff members saw the exchange, identified Roth as the man, then removed him from the courtroom.

Prosecutors and defense attorneys attended the private hearing. Neither side asked for a mistrial, according to the transcript.

Westmoreland jurors wear badges so court employees, attorneys and others know not to discuss cases in their presence.

Roth is scheduled to appear in open court before Hathaway on an unrelated matter on Wednesday morning before the third day of testimony begins in the penalty trial for Knight, 22.

Hathaway said the investigation about Roth's actions will continue. She declined additional comment.

Defense attorney Jeff Miller previously asked for the jury to be sequestered.

According to the transcript of the Monday hearing, Miller reiterated that request.

Miller could not be reached for comment on the Roth allegations after testimony concluded on Tuesday.

District Attorney John Peck said he can't say yet if his office will investigate whether Roth broke any laws.

“I haven't had an opportunity to evaluate what occurred,” Peck said.

Roth, 57, has been an active attorney since 1979. Records of the state Supreme Court Disciplinary Board indicate no pending action against him.

Rich Cholodofsky is a staff writer for Trib Total Media. He can be reached at 724-830-6293 or rcholodofsky@tribweb.com.

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