Indiana County Judge Thomas Bianco yesterday issued a ruling in the Ronald Weiss murder case, ordering the attorneys for the defense and prosecution to file briefs on whether or not the testimony of a prosecution witness should be considered in determining if the case should be dismissed.
U.S. District Court Judge Mark Hornak last winter overturned Weiss’s 1997 conviction for first degree murder in the death of 16-year-old Barbara Bruzda, whose body was found in Young Township in March of 1979. Judge Hornak cited prosecutorial misconduct for his decision, ruling that the state attorney general’s office violated Weiss’s 14th amendment right to due process by not informing the jury that two fellow inmates of Weiss had been rewarded for their testimony against him with preferential treatment. At the time of his ruling, Hornak said a retrial could be “problematic” because of a likely double jeopardy defense, which is exactly what a December defense motion contends.
Judge Bianco held a hearing on Tuesday, at which the U.S. Attorney’s office presented the testimony of a man named John Scott Robinette, and claimed the right of cross examination. The judge ruled that, given the procedural history of the case, he must determine if and to what extent Robinette’s testimony may be considered in the motion to dismiss the charges and release Weiss from custody.
The attorneys are to submit their legal briefs by March 1st and the judge will set a briefing schedule on other issues in the case by separate order.
