Judge: Aikens willingly spoke to police

Defense challenged statements following fatal shooting of officer

HOLLIDAYSBURG -- A Blair County judge has rendered a partial ruling allowing Christopher J. Aikens' statements to investigating police officers to be used during a pending trial on second-degree murder and related charges.

But an additional challenge to the use of Aikens' statements at trial will remain on hold pending President Judge Elizabeth A. Doyle's review of forthcoming legal memorandums.

Doyle, in recent rulings addressing the case slated to go to trial in December, concluded that Aikens, 56, Altoona, willingly waived his Miranda rights and spoke to state police investigators Cpl. Addison Lovett and Trooper Adam McGinnis after the Nov. 17, 2021, fatal shooting of county prison corrections officer Rhonda Russell.

Aikens, in an escape attempt, took Russell hostage at the Central Court building in Altoona where Altoona Police Sgt. George Bistline fired at Aikens but hit Russell, causing her death.

While defense attorney Richard Corcoran challenged the legality of the statement Aikens gave to police about the shooting, Doyle said in her recent ruling that she found no reason that Aikens' statements wouldn't be legally valid.

"At no time before or during the interview did (Aikens) ask for an attorney or show uncertainty as to whether he should make a statement," Doyle said based on her review of the case record.

The judge also dismissed an allegation that Aikens was suffering from drug withdrawal symptoms at the time he waived his right to remain silent and spoke to the police investigators.

Doyle dismissed that claim, based on Lovett's testimony during a pretrial hearing where Lovett said Aikens exhibited no such withdrawal signs.

On an additional challenge raised by Corcoran, Doyle has directed District Attorney Pete Weeks and First Assistant District Attorney Nichole Smith to submit legal memorandum outlining support for each of Aikens' 24 criminal charges that in addition to second-degree murder, include murder of a law enforcement officer, aggravated assault, escape and a firearm violation. The judge also directed Corcoran to submit a legal memorandum, too, outlining what he sees as a lack of evidence for each of Aikens' charges.

When challenging the charges earlier this year, Corcoran contended that other than his client's statements to police, the commonwealth doesn't have the corroborating evidence to support charges filed against Aikens.

Under Pennsylvania law and what's generally referred to as the corpus delicti rule, criminal convictions cannot be upheld if they are based solely on out-of-court statements by a defendant.

Doyle said that once she gets the legal memorandum from the attorneys addressing this challenge, she will issue a ruling within 20 days.

Doyle, who took over the Aikens case from Senior Judge Timothy M. Sullivan, also issued an order in June allocating 50 days to the attorneys to finish collecting and sharing prosecution witness testimony.

Mirror Staff Writer Kay Stephens is at 814-946-7456.