DA seeks to bar insanity defense in trooper ambush case

BY ERIKA NORTON
MILFORD — Pike County District Attorney Ray Tonkin wants to bar attorneys for accused trooper killer Eric Matthew Frein from presenting an insanity defense.
Tonkin's motion, filed April 1, states that under state law, a defendant who intends to claim insanity or mental infirmity must advise prosecutors the claim will be raised.
“If a defendant in a criminal case seeks to use a mental health defense, they are required to file notice, and then the prosecution has an opportunity to have the defendant examined by an expert,” Tonkin said. “Without the proper notice being filed, the prosecution is not able to have the defendant examined by another expert.”
The time frame for filing pretrial motions is 30 days, Tonkin said. In this case, the defense received several extensions.
Frein’s attorneys, William Ruzzo and Michael Weinstein, filed several pretrial motions in February and March, but have yet to file notice of an insanity defense. Ruzzo and Weinstein did not return a call for comment.
According to Tonkin's motion, any evidence of insanity or mental retardation should be excluded because the 30-day time frame ended in February. Frein’s attorneys have yet to file notice of an intent to use an insanity defense.

Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of Dunmore and seriously wounding Trooper Alex T. Douglass of Olyphant during an ambush on Sept. 12, 2014, outside the Blooming Grove barracks. After a 48-day manhunt that stretched across Pike and Monroe counties and involved hundreds of local, state and federal officials, authorities captured Frein on Oct. 30, 2014.
Frein is charged with first-degree murder of a law-enforcement officer, criminal attempt to commit first-degree murder of a law-enforcement officer, terrorism and threatening to use weapons of mass destruction, among other charges. Frein pleaded not guilty and is being held in the Pike County Correctional Facility without bail. Tonkin is seeking the death penalty.
On March 15, attorneys Ruzzo and Weinstein filed a motion asking Judge Gregory Chelak, who is presiding over the case, to move the trial out of Pike County or bring in a jury from another county due to the extensive pretrial publicity in the case. Frein’s attorneys also filed motions on Feb. 17, asking the judge to suppress statements Frein made to police following his arrest.
According to Frein’s attorneys, police violated Frein’s Miranda rights against self-incrimination when they continued to question him after he refused to sign a waiver of his rights and told officers he did not want to discuss “any crime.” This was after Frein informed police of where he had stashed some rifles while on the run.
A motion challenging the constitutionality of the death penalty was also filed by Frein’s attorneys. Judge Chelak will take the defense and prosecution motions under advisement and issue a ruling at a later date.
According to Tonkin, the hearing on the motions to suppress statements made by Frein to police following his arrest and the constitutionality of the death penalty is scheduled for April 19. The hearing on the change of venue/venire motion is scheduled for June 3, Tonkin said.
Also, a May court date is expected, but according to Tonkin, that date is likely to change.