Scottdale man's appeal of 1980 'hit' again rejected

A federal appeals court has again rejected the appeal of a Fayette County man convicted of murdering a man after he was hired by the victim's wife and her lover in 1980.

Sixty-six-year-old Joseph Frankenberry, of Scottdale, is serving a life sentence in the Nov. 14, 1980 killing of trucker John "Sonny" Tomasek, of Uniontown.

Frankenberry's federal court appeal filed in May says hearsay evidence was wrongly allowed at his trial. But the 3rd Circuit Court of Appeals, in a ruling last week, says six other appeals in Fayette County and federal courts have been rejected making the newest appeal meritless.

Tomasek's wife, Phoebe, and her lover, Elmer Younkin, of Connellsville, hired Frankenberry.

Phoebe Tomasek is 75 and still in prison. Younkin died in prison in 2007.