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NEWS
[ Friday, Feb. 25, 1994 ]

Cruz trial postponed to allow time for new co-counselor

Collegian Staff Writer

The trial for a 36-year-old truck driver accused of strangling a runaway teen-ager from Maine was postponed to allow time for a new co-counselor to prepare his defense.

James R. Cruz's trial was originally scheduled to begin with jury selection on March 14, but it was delayed because George Lepley of Williamsport was appointed by Centre County Judge David E. Grine as co-counsel for Cruz.

District Attorney Ray Gricar said the trial is now scheduled to begin with jury selection on May 31.

Cruz, of New Waterford, Ohio, is accused of killing 17-year-old runaway Dawn Marie Birnbaum and leaving her body along a northbound on-ramp of state Route 26. He is charged with first-, second-and third-degree murder, kidnapping, rape, involuntary deviate sexual intercourse, robbery and theft by unlawful taking.

The prosecution plans to seek the death penalty.

First Assistant Public Defender Deborah Lux filed a motion earlier this month requesting a lead attorney with prior capital trial experience.

Lepley, a partner with Marcello, Lepley, Engelman and Yaws in Williamsport, said he has been involved with about 10 murder trials, two of which were death penalty cases.

In Lux's motion, she pointed out that the American Bar Association has published a set of recommended guidelines calling for two attorneys to handle capital murder cases involving indigent defendants. Although the guidelines have not been adopted in Pennsylvania, Grine still granted Lux's request.

Gricar said Lepley can file new motions, but the pretrial motions already filed will not be repeated. Lepley said he and Lux plan to file some additional pretrial motions.

Lepley was the defense attorney in a Centre County murder case in 1986. In this case, his client, Gregory Allen, was acquitted of first-degree murder in the fatal shooting of a Milesburg man.

Lux could not be reached for comment.

The Associated Press contributed to this report.

 

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