Attorneys for an Armstrong County couple convicted of starving their 4-year-old daughter to death in 2003 have 30 days to appeal their convictions to the state Supreme Court after the Superior Court denied their conviction appeals earlier this week.
In separate decisions issued Monday, the Superior Court denied requests that would have overturned the life prison terms of Janet Crawford and James Tatar, both of whom were convicted of first-degree murder in the 2003 death of their daughter, Kristen Tatar.
Kristen's body was discovered in a picnic cooler on the couple's Kepple Hill property in Parks Township on Aug. 7, 2003.
"Obviously, we're very pleased with the decision," said Armstrong County District Attorney Scott Andreassi. "We couldn't be happier with the ruling."
The court dismissed Crawford's contention that Armstrong County Court Judge Kenneth Valasek erred in finding her guilty of first-degree murder. Crawford had pleaded guilty to a general charge of homicide, and Valasek later found her guilty of first-degree murder.
Specific intent to cause a death is a key element in first-degree murder.
"(Crawford) agrees that specific intent can be demonstrated by circumstantial evidence, but argues that her actions were in reckless disregard of (Kristen's) life, rather than specifically intended to cause death," the court wrote in issuing its decision in the mother's appeal.
"(Crawford) maintains that she frequently intervened to protect (Kristen) from punishment and outbursts of temper by Tatar," the court wrote. But it also noted that it agreed with Valasek's finding that Crawford continued to starve the child even when Tatar was away.
"We agree with the trial court, and find that the evidence was more than sufficient to establish the requisite intent for first-degree murder," the court ruled.
Tatar's appeal of his November 2004 conviction included arguments that prosecutors knowingly presented perjured testimony from Crawford, and that Valasek should have declared a mistrial after an animated courtroom demonstration by a prosecutor .
He contended that the search warrant that led to the discovery of the body was issued illegally. The Superior Court judges dismissed that contention, along with all other issues.
"We find no proof that the commonwealth knew Crawford was offering perjured testimony," the court said in its opinion.
It also said the courtroom demonstration, in which special prosecutor Robert Campolongo tore a piece of yellow tape that Crawford said had been used to seal trash bags containing Kristen's body, did not warrant a mistrial.
Tatar's attorney, Joseph Caruso, said he was disappointed in the ruling.
"I thought (all the issues raised) had merit," he said.
Caruso said he will appeal the case to the state Supreme Court soon. Such appeals are simply to ask the court to hear the case and are often denied. Caruso said he didn't know if the case would be heard.
"That's totally at the discretion of the Supreme Court," he said.
Andreassi said he expects the high court will hear the case given its nature.
"But I don't think the result will be any different," he said.
Crawford's attorney, Preston Younkins, could not be reached for comment.
