Frein attorney drops out
By Nathan Mayberg
MILFORD — One of the two court-appointed attorneys for Eric Frein, the alleged shooter of two Pennsylvania state troopers, has been allowed to withdraw from the case.
Robert Bernathy, chief public defender for Pike County, asked to be recused in a letter to the county Court of Common Pleas last week. He cited his ongoing duties as the county's public defender as one reason for backing out. He also cited unspecified potential personal and professional conflicts of interest because of his position as public defender.
Judge Gregory Chelak allowed the withdrawal on Dec. 5.
Frein is still being represented by attorney Michael Weinstein, who asked that a Dec. 9 preliminary hearing be postponed because of Bernathy's decision. Magistrate Judge Shannon Muir granted the continuance of the hearing to Jan. 5, when Frein is expected to appear in court for the first time since his Oct. 31 arraignment.
Frein did not enter a plea and was not represented by his attorney despite a request from his family to have the family attorney represent him, Weinstein said.
DA opposes delay
Frein is accused of killing Corporal Bryon Dickson and wounding trooper Alex Douglass in an ambush outside the Blooming Grove state police barracks on Sept. 12. The shootings began a nearly seven-week manhunt that stretched from Pike County to Frein's hometown of Canadensis in Monroe County and the surrounding area. Frein was eventually captured by federal marshals in an abandoned airport hangar near the former Birchwood Resort in Tannersville.
Pike County District Attorney Raymond Tonkin, who is seeking the death penalty against Frein, said in a letter to Muir that he "adamantly opposes" the delay. a witness in Louisiana had been scheduled to testify, Tonkin said, adding that Weinstein didn't specify any prejudice that his client would face as a result of losing Bernathy.
Weinstein wrote in his letter requesting the delay that "it will take some time" for the new attorney to get up to speed on the case and prepare for a preliminary hearing. Weinstein said on Monday that he was expecting Chelak to appoint a new counsel to join him this week.
In addition to the murder charge, Frein is facing counts of terrorism, attempted murder, criminal attempt to commit homicide of a law enforcement officer, assault of a law enforcement officer, discharge of a firearm into an occupied structure, reckless endangerment, criminal possession of weapons used in a crime and possession of a weapon of mass destruction.
Police allegedly found two bombs in the woods around Canadensis that they believe Frein left behind. Police also alleged that they found the AK-47 Frein had taken from his parent's home. Police further alleged that they uncovered a .308 caliber rifle in the airport hangard where Frein was accused of hiding.
Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359.