An Allegheny County judge is considering whether three Mt. Lebanon men convicted in a high-profile kidnapping and murder deserve a new trial.

Craig Elias, 30; Jared Lischner, 29, and Jared Henkel, 29, all serving life sentences, appeared yesterday in the same courtroom where a jury convicted them of murder nearly 7 1/2 years ago.

Attorneys for the men said they should have a new trial because Duke George, Elias' former attorney, made a mistake in advising Elias not to testify. Common Pleas Judge Jeffrey A. Manning, who was the trial judge, listened to a post-conviction hearing.

A jury from Erie County, selected because of intense local publicity surrounding the case, convicted Elias of first-degree murder and the other two men of second-degree murder in 2003 for the killing of Andrew Jones, 19, of the West End.

Prosecutors said the men accused Jones of stealing a safe containing drugs and $5,000 from a Mt. Washington drug house and kidnapped him on March 22, 2002.

Jones' body was found at the bottom of the Ohio River on April 12, 2002, his hands bound with duct tape and a 50-pound barbell chained to his thighs.

The jury had to decide whether to believe Henkel's father, who testified for the defense that another son, Matthew, confessed to him that he had killed Jones, or whether to believe Matthew, who was granted immunity and testified for the prosecution that his brother, Elias and Lischner committed the crime.

The appeal centers around Elias' last-minute decision not to testify at trial even after George had told the jury that they would hear from Elias.

"I discussed it with Mr. Elias, his parents and his uncle. I told them Mr. Henkel Sr. was going to testify," George said. "We felt it would be in (Elias') best interest not to testify."

Elias took the stand yesterday and said he wanted to testify at trial but took George's advice.

"He said we had what we needed. I understood that to mean that I was going to be acquitted," Elias said.

Patrick Thomassey, Lischner's former attorney, described a chaotic three-hour recess midway through the trial between defense counsel. Thomassey testified that the defense plan of the case included Elias explaining to the jury what happened -- and to rebut the prosecution's witness, Henkel's brother. George and Elias shifted course at the last second, Thomassey said.

"Most of it was me being mad trying to convince everyone this was a disaster," Thomassey said. "I was so mad during that time I frankly told my client, 'This is a disaster.' We had planned a case, and then in the middle of the case, it (changed). I kept begging Mr. George not to do this."

Manning gave the attorneys three months to file briefs before he makes a ruling on a new trial.

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