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HOLLIDAYSBURG – Senior Judge Hiram A. Carpenter on Thursday issued an order outlining a two-step procedure to hear the post-conviction appeal of an Altoona man serving life in prison for the murders of an elderly couple nearly 14 years ago.
Carpenter met in chambers with District Attorney Richard A. Consiglio and defense attorney Matthew Dombrosky to discuss how to dispose of at least five petitions filed by William D. Thompson, 34.
He was convicted of the fatal stabbings of Raymond Bracken, 83, and his wife, Marjorie, 81, in their home on Spruce Avenue in
Altoona on March 9, 2002.
The prosecution charged that Thompson, who did handiwork for the Brackens, forced his way into their home on a snowy evening.
The government asked for a first-degree murder verdict, but the defense, led by attorney Steven P. Passarello, said the evidence showed that people other than Thompson were present in the home, and those people committed the murders.
After the trial, Consiglio revealed that Thompson had given a statement to police the night before his trial in which he stated he went to the home with two other men, and they killed the elderly couple.
That statement was not permitted in the May 2007 trial because it was given only as an aid to police in their investigation.
The jury, selected in Beaver County, deliberated for several days before returning a second-degree murder verdict, which is a killing committed during the commission of a felony.
Carpenter sentenced Thompson to two life terms for the killings plus 40 years for the robbery and related offenses.
Thompson initially filed a petition asking for a new trial. In the last couple of years, he has submitted four additional petitions.
Thompson argues that his trial lawyers were ineffective. Dombrosky said Thompson claims the defense was ineffective in the way it did not cross-examine witnesses, and the defense attorney did not pursue information that there was a man lurking in the neighborhood that night.
Thompson is contending that if the truth about that night had been brought out during the trial, he would not have been found guilty, Dombrosky said after Thursday’s session of court.
Carpenter wants to hold a hearing, possibly in April, in which testimony will be taken on what issues should be addressed.
Consiglio stated that some of the issues in front of the court have been raised before and that they should not be litigated again.
When the issues have been narrowed, a second hearing will be scheduled and a decision made if Thompson is entitled to a new trial.
Passarello attended Thursday’s session in anticipation that he would be called to testify.
He will now be called during the proposed second hearing.
Thompson also was being brought from the State Correctional Institution at Houtzdale for Thursday’s session but did not arrive in time for the discussion about his case.
Mirror Staff Writer Phil Ray is at 946-7468.