Addleman

Attorneys for a Clearfield County man charged in the bombing death of Shawna Carlson have asked that his October trial be delayed because government funding for defense attorneys representing indigent clients has been temporarily halted due the present budget stalemate in Congress.

The trial of Clint Addleman, 48, of Morrisdale, is scheduled to begin Oct. 27 before U.S. District Judge Stephanie L. Haines, who presides in Johnstown.

A co-conspirator, Kris Joseph Nevling, 48, of Houtzdale, was convicted in late August of helping Addleman construct the bomb that resulted in Carlson’s death in 2019.

Initially, Addleman and Nevling were to be tried together, but in March, Haines ruled that the pair should be tried separately.

However, attorneys for Addleman indicated they cannot be ready for a trial that is only five weeks away because funding under the Criminal Justice Act has been on hold due to Congress’ failure to approve the federal budget for the 2026 Fiscal Year, which will begin Oct. 1.

The petition requesting the continuance, filed by defense attorneys Frank C. Walker III of Clairton and Daniel Hutcheson Goldman of Alexandria, Va., stated, “To force (Addleman) to trial without the opportunity to gather and investigate evidence against him or prepare to present it effectively at trial would deny him his right to due process under the Fifth Amendment and his rights to call evidence in his favor, to present a defense, or to the effective defense of counsel under the Sixth Amendment.”

The attorneys for the prosecution objected to the continuance request, stating that the defense has been aware of the funding issue since early July, yet waited until the end of the Nevling trial to seek a continuance.

“The timing of this request is unjustifiable, and this factor weighs against the defendant’s instance request for a continuance,” stated prosecution attorney Troy Rivetti, who is acting U.S. Attorney in Pittsburgh, and three assistants, Maureen Sheehan-Balchon, Shaun E. Sweeney and Samantha Stewart.

The victim of the bombing was 34-year-old Shawna Carlson, who lived in a first-floor apartment on the 300 block of East Market Street in Clearfield.

The victim allegedly owed Addleman for illegal drugs that he fronted her.

She had reasons that she expressed on social media why she did not want to repay Addleman, but she also expressed fear that Addleman would harm her.

During the early morning of Oct. 4, 2019, video from a nearby residence showed someone placing a package on her porch.

According to the prosecution in the Nevling trial, the package exploded later that morning, killing Carlson. The explosion also caused a fire.

Forensic pathologist Harry Kamerow of the Mount Nittany Medical Center determined that Carlson died prior to the fire — as a result of the shrapnel from the bomb.

Nevling in late August was convicted of possession of an unregistered explosive device and conspiracy to maliciously destroy property by explosion or fire that resulted in death.

He is scheduled to be sentenced in January.

Nevling faces life behind bars.

The government charged Addleman with similar offenses, but in his case, the government initially considered pursuit of the death penalty.

According to a petition filed this week by the defense, the Department of Justice on April 21 decided not to seek the imposition of the death penalty and, at that point, notified the defense to cease the expenditure of investigative funds to determine if a second counsel was needed.

Defense attorneys indicated they worked on preparation of a budget for the case and the budget (which includes a second counsel) was not approved by the judge until Sept. 18.

In May, the defense reported in its petition that they were told that funding for attorneys through the Criminal Justice Act had lapsed and that no payments could be made between June and October 2025, the start of the new fiscal year.

“CJA Counsel (attorneys appointed to represent the indigent) have since been advised that no funding is likely to become available in October unless Congress passes a new budget authorization or a continuing resolution that would temporarily fund CJA work at the sufficient levels set in 2024,” the defense stated in its petition for continuance.

The bottom line, according to the defense attorneys, is that they have been unable to conduct investigations necessary to prepare for trial.

The defense stated it needs:

– The transcripts from the Nevling trial.

– Criminal records of Addleman and for many of the witnesses who testified during the Nevling case, as well as for witnesses who have yet to be identified.

– Time to interview witnesses.

– Time to prepare and file pretrial motions.

– An investigator, to be paid through the Criminal Justice Act, who can locate and interview witnesses.

“These impediments are not the fault of the U.S. Attorney’s Office, the Court, or of Mr. Addelman, but they remain barriers to Mr. Addleman’s ability to prepare and present a defense by the October 27th trial date,” the defense attorneys argued.

The defense is asking for a six-month delay.

The prosecution responded by noting that it has provided the defense with 1,121 files and continues to give the defense information.

The right to a speedy trial does not apply to the defendant only, according to the prosecution.

The government attorneys argued there is a “societal interest” in providing a speedy trial.

The inability of the courts to provide a prompt trial contributes to backlogs.

Trial delay has a detrimental effect on rehabilitation and, according to a case cited by the prosecution, “delay is not an uncommon defense tactic. As time between the commission of the crime and trial lengthens, witnesses may become unavailable or memories may fade.”

Another point made by the prosecution is that delay of a trial also delays closure for victims.

The evidence in the Addleman case indicates he has been “zealously and appropriately represented,” the prosecution emphasized.

Walker was assigned the case for the defense more than a year ago and the defense has filed five pretrial motions.

“There is no dispute that defense counsel have retained an investigator who was present for much of the Nevling trial,” according to the prosecution.

“Each passing day since Oct. 4, 2019, is another day without closure for the victim’s family, another day for witnesses to retire or move away and another day for memories to fade,” stated the prosecution in opposing the continuation of the trial.