By Leah Welch and Paige Krivda
Crystal Dawn Weimer’s PRCA hearing in Fayette County will have a second act as Judge Wagner how allowed her 45 days to review her 2001 court transcripts.
“[I'm] trying to get it form being remanded again,” Judge Wagner told the court Wednesday in response to his decision allowing Weimer time to read the transcripts to review improper closing arguments.
Wagner also allowed Weimer to go through 16 separate issues of which Weimer focused on insufficient evidence, unreliable witnesses, and actual innocence, “I just want the truth to come forth. I’ve been ripped from my life.”
Forensic evidence in the form of bite marks, and false eyewitness testimony from Joseph Stenger were used as the Commonwealth’s platform in building a case against Weimer in the homicide of Curtis Haith. Weimer was charged with conspiracy to murder in the 3rd degree and has served eight of her 25 years in Cambridge Springs Prison.
“…the pathologist stated it was a bruise, an abrasion… I never bit the kid that got killed,” Weimer said. Despite such relevant forensic evidence, Weimer’s attorney Mark Mehalov focused on ineffective council from Weimer’s initial attorney, Mary Speiger.
When Speigar was asked why she didn’t object to the judge giving the jury instruction on how 3rd degree murder and criminal conspiracy were defined, she said, “I don’t know what my thoughts were… [the] judge instructed jury of the law…”
While on the witness stand, Weimer gave broken responses when she addressed the issue of her actual innocence, “I wasn’t there. I didn’t know about it. I could have taken 2-4 years. I could have been out four years ago; I’ve been in here eight years!”