By Rich Cholodofsky
TRIBUNE-REVIEW Wednesday, February 16, 2011
The former attorney for a Rostraver man serving a prison sentence for the third-degree murder of his father told a judge Tuesday the killing came about when his client learned his wife had a romantic affair with his dad.
Donald Myers Jr., 29, is seeking to withdraw a guilty plea he entered two years ago, when he admitted to helping to kill his 54-year-old father, Donald Myers Sr., on March 31, 2007.
"Mr. Myers told me he was surprised his father and wife had an affair or were having an affair. The two were having a physical confrontation when he grabbed his father by the arms and told his wife to continue stabbing him. The fight carried over into the bedroom, and he said his father wasn't dying, so he put a plastic bag over his head and tried to suffocate him," attorney Pat Thomassey testified before Judge John Blahovec.
Myers contends Thomassey provided an inadequate defense that resulted in the guilty plea to third-degree murder and a sentence of 20 to 40 years in prison.
Myers said a statement that his wife, Della Lampkin-Myers, gave to prosecutors provided evidence that could have been used in his favor at a trial.
Thomassey never showed him a transcript of that statement, Myers testified Monday.
But Thomassey testified he reviewed the contents of that detailed statement with his client. The statement included evidence from Lampkin-Myers that confirmed details Donald Myers Jr. told Thomassey, the defense attorney said.
Thomassey said factual details about the crime strongly suggested there was enough evidence to warrant a first-degree conviction.
"I told him this plea was a gift," Thomassey said.
One key piece of evidence the prosecution planned to use was that a plastic bag used to cover the victim's face during a suffocation attempt contained Myers' fingerprint.
"That was significant. I told him the jury was going to hate him," Thomassey testified.
The body of Donald Myers Sr. was found in his mobile home on April 11, 2007, nearly two weeks after his son and daughter-in-law fled in the dead man's car and used his credit cards in North Carolina.
Police said Myers was stabbed 13 times. Court records indicated that police believed Myers Sr. might have survived if he had received medical help immediately after the attack.
Five days after Myers pleaded guilty, his wife pleaded guilty to similar charges and was sentenced to serve 25 to 50 years in prison.
Blahovec gave lawyers 20 days to submit legal arguments about Myers' request to have a second chance at a trial. Blahovec will review those briefs before issuing a ruling.
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