It is great to see everyone keeping up to date on the happenings here in Altoona. With the trail and the anniversary just around the corner, it's good to know there are so many others on our side.
Printable View
It is great to see everyone keeping up to date on the happenings here in Altoona. With the trail and the anniversary just around the corner, it's good to know there are so many others on our side.
http://www.altoonamirror.com/articles.a ... cleID=2411
Tuesday, June 13, 2006 — Time: 1:48:26 AM EST
Blair judge cracks down at hearing
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — Blair County Judge Hiram Carpenter laid down the law Monday for spectators at the triple homicide trial of Miguel A. Padilla.
The judge told more than 20 family members and friends of the victims that his responsibility to ensure Padilla receives a fair trial takes precedence over everything else, including the grieving process that family and friends are going through.
Emotions spilled over during Padilla’s preliminary hearing Oct. 27 and led to a courtroom outburst.
‘‘I need for you to be perfect on Day 1 and then get better,” he told the spectators.
“ There really will be zero tolerance. I can’t go anywhere else, or I risk the trial,’’ Carpenter told spectators Monday.
He said no memorial badges, flowers or ‘‘national logos’’ will be permitted in the courtroom, and he handed out a list of rules for spectators.
Those rules ban cameras, tape recorders, cell phones and other recording devices; prohibit contact with jurors; and restrict access to some areas of the lobby outside the courtroom.
Carpenter’s comments came at the start of a more-than-two-hour pretrial hearing that included defense challenges to the death penalty and a request that a firearms charge against Padilla not be tried along with counts of homicide and assault because the felony gun offense is based on Padilla’s status as an illegal alien.
Padilla, a native of Mexico, came to the United States with his mother, father and brothers nearly 15 years ago. He lived in Gallitzin and graduated from high school.
Public Defender Don Speice said he doesn’t want the jury to become ensnared in the nationwide debate about ‘‘how to prevent Mexican nationals from entering the country illegally.’’
Padilla is charged in the shooting deaths of three men outside the United Veterans Association on Union Avenue Aug. 28.
Killed were Alfred Mignogna, owner of the building, Fred Rickabaugh Sr., an employee of the club, and Stephen Heiss, a patron.
Court-appointed defense attorney Ed Blanarik of Centre County launched a multi-pronged attack against the death penalty for Padilla.
He cited two studies: ‘‘Aggravation and Mitigation in Capital Cases: What Do Juries Think’’ by Yale professor Stephen P. Garvey and ‘‘They Know Not What They do: Unguided and Misguided Discretion in Pennsylvania Capital Cases” by Wanda D. Foglia, an associate professor at Rowan University.
The studies were submitted as evidence that some death-qualified jurors make up their minds about imposing death at the guilt phase of the case, not during the penalty phase.
In addition, the studies claim, many times death-qualified jurors don’t understand concepts like aggravated or mitigated circumstances and often believe a life sentence in Pennsylvania doesn’t mean life.
Blanarik has asked the judge to rule out the death penalty for Padilla, calling it cruel and unusual punishment.
District Attorney Richard Consiglio and Chief Deputy Jackie Bernard argued that Blanarik’s criticisms of the death penalty have no basis in law.
Consiglio lashed out at the studies presented by Blanarik, contending the were written by ‘‘liberal, left wing’’ law school professors who want to get their names in the law books.
‘‘I think these are worthless.’’ Consiglio said of the studies.
Blanarik asked that the judge order separate juries for the guilty phase of the case and the death penalty phase, a request the prosecutors said was not part of Pennsylvania law.
Onlookers Monday included representatives of the victims and as well as Padilla’s mother, stepfather and girlfriend and a representative of the Mexican government.
Padilla was wearing a gray suit with a protective vest underneath.
Jury selection is to begin Aug. 21 in Carisle.
Mirror Staff Writer Phil Ray is at 946-7468.
First, let me say, that intellectually, I understand the need for fair trials.
Quote:
a fair trial takes precedence over everything else, including the grieving process that family and friends are going through.
It's just a shame that, 1. Padilla was here at all (illegally), and 2. that the victims didn't have warning that they should be wearing vests. :evil: :evil:Quote:
Padilla was wearing a gray suit with a protective vest underneath.
http://www.tribune-democrat.com/local/l ... ndarystory
Published: June 13, 2006 12:09 am
Suspect opposes death option
By KATHY MELLOTT
The Tribune-Democrat
HOLLIDAYSBURG — Defense attorneys in the triple homicide case of a Cambria County man argued Monday that the death penalty should be taken off the table, saying it is cruel and unusual punishment.
Amid a flurry of other motions, lawyers for Miguel Angel Padilla of Convent Street, Gallitzin, also asked a judge to sever a handgun charge from the homicide counts he is facing.
Padilla was not permitted to possess a gun at the time of the shooting of Alfred Mignogna, Fredrick Rickabaugh and Stephen Heiss, all of Altoona, because he was in the country illegally, police claim.
Illegal possession of a handgun is a felony and considered an aggravating circumstance opening the door for the death penalty if Padilla is convicted of first-degree murder.
Padilla’s lawyers argued in Blair County Court that his immigration status should not be part of his upcoming trial.
Blair County District Attorney Richard Consiglio announced in December that he will seek capital punishment if he wins the first-degree conviction.
Consiglio said the gun used in the killings is part of the case.
“The facts of the case are going to come in to a jury, a gun was possessed and used in the killings,” he said. “The case needs to be based on what you have.”
Padilla, 26, born in Mexico, moved to the United States at age 9. He is a graduate of Penn Cambria High School and lived in Cambria County for most of his life.
He was arrested Aug. 28 hours after the shooting death of the men outside of the United Veterans Association club on Union Avenue, Altoona. Police said he began shooting after he and two acquaintances were denied entry to the club.
The defense motions were argued by Blair County Public Defender Donald Speice and court-appointed death penalty lawyer Ed Blanarik of State College.
His client could face substantial prejudice because of the nationwide debate over illegal aliens, especially those of Mexican descent, and how to prevent them from entering the country, Speice told the court.
“It’s a national issue at this time creating a lot of controversy and a lot of prejudice against our client,” Speice said.
Meanwhile, Blanarik asked the court to rule that execution will not be an option should a sentencing hearing be needed.
He also asked Judge Hiram Carpenter to emphasize as part of the trial that a life sentence in Pennsylvania is life in prison without the chance of parole.
Carpenter warned the half-dozen victims’ family members in attendance that they must abide by his rules during the two-week trial set for August or they will not be allowed in court.
“When I list my priorities, your closure falls pretty far down on my list,” he told the families. “I have a zero tolerance level: To allow anything else I risk the trial.”
Chaos broke out at Padilla’s preliminary hearing in November when a brother of one of the deceased tried to attack the accused murderer.
Carpenter is expected to rule on the motions within a few weeks.
Kathy Mellott can be reached at 539-5328 or kmellott@tribdem.com.
http://www.altoonamirror.com/articles.a ... cleID=2517
Saturday, June 17, 2006 — Time: 2:12:59 PM EST
Mexico appeals Padilla ruling
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — The Mexican government has appealed a decision by a Blair County judge excluding it from the trial of one of its citizens who faces the death penalty for a triple homicide at the United Veterans Association in Altoona last summer.
The notice to appeal to the state Supreme Court was filed Friday in the Blair County Courthouse by attorney Michael P. O’Conner of Tempe, Ariz.
O’Connor claims that under two separate treaties, the Mexican government should have an oversight role in Miguel Padilla’s case, but Judge Hiram A. Carpenter repeatedly has denied the request.
“This is a domestic homicide case subject to administration under the procedures employed by the County of Blair and governed by the laws of the Commonwealth of Pennsylvania,” Carpenter wrote in an opinion issued May 18. “It involves no international issues, and the government of Mexico is not a party to the action.”
Carpenter anticipated that Mexico might appeal his decision.
“We would hope any reviewing court would confirm that this intervention by Mexico is inappropriate and unjustified under any standard [treaty or otherwise],” he stated.
Padilla is represented by Blair County Public Defender Donald E. Speice and court-appointed attorney Ed Blanarik of Centre County, who will handle the death penalty phase, if necessary.
But the Mexican government contends that the public defender and the courts did not appoint an attorney for Padilla.
For the first time Friday, Mexico charged that Padilla went seven weeks without an attorney and that the government was told Padilla would have to defend himself at his preliminary hearing.
Mexico said the delay in appointing an attorney meant that physical and mental health evidence to be used in Padilla’s defense was lost.
It claims that under two international treaties, Mexico has a right to be involved when one of its citizens faces criminal charges.
Padilla is a Mexican national who was raised in Gallitzin and graduted from Penn Cambria High School.
District Attorney Richard Consiglio said while he is not part of the dispute now surging around Padilla, he could end up defending the way Padilla has been treated since his arrest.
He said he agreed with Judge Carpenter’s opinion excluding Mexico from the case.
Consiglio saidHe said Speice had a right initially to question whether Padilla met the financial requirements for the public defender’s office and said Speice also thought Mexico was going to provide an attorney.
Mexcio says it was clear from the start that it was not going to assume Padilla’s defense.
“It’s a fight between them we may have to take on,” Consiglio said Friday.
He said Padilla has been treated like any other person arrested for homicide. He said Padilla has all the rights of a citizen but does not have rights that other citizens don’t have.
Consiglio does not believe the international treaties cited by O’Connor, the Vienna Convention on Consular Relations, and the Consular Convention between the United States of Mexico and the United States of America, allows Mexico to say the Padilla case should be handled differently than other cases.
Padilla is set to go on trial in August for the killings of Alfred Mignogna, the owner of the building where the UVA Club is located, a club employee, Frederick Rickabaugh Sr., and patron Stephen Heiss.
Mirror Staff Writer Phil Ray is at 946-7468.
Quote:
Consiglio does not believe the international treaties cited by O’Connor, the Vienna Convention on Consular Relations, and the Consular Convention between the United States of Mexico and the United States of America, allows Mexico to say the Padilla case should be handled differently than other cases.
Here we go with an effort to overrule USA law, internationally. :evil:
Im speechless, simply speechless.
http://www.altoonamirror.com/News/artic ... cleID=2857
Saturday, July 01, 2006
Jury won’t know Padilla’s status
To avoid prejudice, judge decides panelists will not be told accused triple killer is an illegal alien.
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — The out-of-county jury that will hear the Miguel Padilla homicide case in September will not know he is an illegal alien unless the case reaches a death penalty phase, a Blair County judge ruled Friday.
“The possibility of prejudice to the defendant is apparent,” Judge Hiram A. Carpenter said.
Public Defender Don Speice and Ed Blanarik of State College, Padilla’s lawyers, had argued that the possession or use of a firearm by an illegal alien charge should be severed from homicide and other charges against Padilla.
Carpenter granted the request for a trial on the gun offense.
He said separating a gun charge is not unusual in cases in which a suspect has a prior record and is charged with illegal possession or use of a gun because he is a conconvicted felon.
The purpose is to bar prejudice against a suspect because he has a past criminal record.
“While the defense concedes this defendant is not a felon but an illegal alien, they offer that the likelihood of prejudice is actually greater because of the currently existing nationwide debate regarding illegal aliens, and especially individuals of Mexican descent entering the country illegally,” Carpenter ruled.
District Attorney Richard Consiglio and his chief deputy, Jackie Bernard, called the possibility of prejudice “pure speculation.”
Carpenter said the prosecution’s argument was not sufficient to deny severance.
Consiglio and Bernard were not available late Friday for comment.
Carpenter ruled that if Padilla is found guilty of first degree murder, the prosecution will be permitted to reveal Padilla’s immigration status in the penalty phase where aggravating circumstances must be shown before a jury can impose death.
Padilla, 26, has been charged with the murders of three men Aug. 28 outside the United Veterans Association Club on Union Avenue.
The owner of the building, Alfred Mignogna, a club employee Frederick Rickabaugh Sr., and a patron, Stephen Heiss, were shot dead after an argument at a side door of the club.
Jury selection will be held Aug. 21. and the trial is scheduled to start in September.
The jury will be selected in, Carlisle, Cumberland County.
Mirror Staff Writer Phil Ray is at 946-7468.
I wish our government could be held liable for these 3 lives that were lost!!!!! He has been here since he was 9 and now he wants Mexico to come in and help him out? This is just wrong; mexico needs to keep this stinkin' nose out of it. Just one more NO GOOD FOR NOTHING illegal alien that we will have to shelter and feed while in our prison system. I would rather pay to keep him there than pay for him to be on social services. :wink: I hope he rotes in jail and somebody make him their b--ch!!!!!
I suggest that if the courts don't want it known that the jerk is an illegal alien that the people should picket outside the courthouse all through the trial with signs asking why. After all, it is the court system that didn't deport all these people that has helped to create these problems.
Hello,
I just stumbled upon this post and i am really hoping that the Steve Heiss in question is not the same Steve that was my roommate in the Marines (camp lejeune 96-98 -- 8th marines HQCO). I have been trying to track down Steve since we lost contact when we last saw each other back in 2001-2002.
Altoid Steph or JennyC -- if you still look at these forums -- and it seems like you do -- please let me know how i can get in touch with Steve's family. I would like to go out to Altoona and pay my respects.
Steve's Mom may remember me as i stayed at her house in Atloona on at least one occasion -- my name is Mike J. nickname was Corporal Jazz. I have a pic of Steve and our fellow friend Smitty please tell me this is not the same person.... I feel really awful, i moved around alot and lost touch but have wanted to get together with Steve to see what was happening in his life. Last i remember he drove a red 2 door chevy motecarlo.
I appreciate any help in finding if this is the same person... thank you all.
Mike
Welcome to Alipac jazznuts699! I sure hope this wasn't your roommate.
I was wondering if anyone had some pictures of the victims? I would love to add them to this discussion if it is okay.
Welcome, jazznuts699,
Gee, I hope the victim wasn't your roommate, either.
Some suggestions: local newsmedia, particularly stories at the beginning of the case. Perhaps the police could help. Or if there's a local and active VFW, or other group of service folk, they might be really aware.
My brother was a Marine, so feels deeply, any problem with a Marine, active or retired. I can only imagine how you must be feeling right now.
Please keep us informed. If we can be any help, let us know.
Again, welcome.
brian503a,
other than the pictures published in the paper, i dont know how much luck you will have with photos.
i can not help you with this project.
Sorry
I spoke with a person at the prison that Steve worked at and asked if that same Steve was a former marine and he confirmed. I also found in another article that Steve was a veteran... looks like it's one and the same Steve...
i'm going to call the local PD tomorrow to see if they can provide me with some more info... i would really like to get a hold of Steve's mother to pay my respects, but mostly i would like to go say goodbye to an old friend...
Jazzneuts699,Quote:
Originally Posted by jazznuts699
Sorry to hear the news, but at the same time I am glad that our archives have been able to assist you in your hunt for information.
Congressman Steve King's office says that at least 25 Americans per day are being killed by illegal aliens and about 12 of those 25 are from drunk driving deaths. The others are from violent crime.
I hope you will consider honoring your friend by joining our fight to secure and protect America from people that demonstrate they have no respect for our laws and citizens from day one inside our country.
Kind Regards,
William Gheen
ALIPAC
jazznuts699,
I have been attempting to send you a private message regarding your search for Steve's mom. I may be able to help you with that. I can contact the woman he was dating, the one he saved that night, and see if she will be able to give me her contact information. I am truly sorry you had to find out this way about Steve. He is truly missed by all that new him, he was a great man. He is on the forefront of all of our thoughts with the anniversary and trial coming up. If there is anything else I can help you with, please let me know.
Stephanie
jazznuts699,
I'm so sorry he was your friend.
Just know that our prayers are with you and his family.
Thank you all for your help in my search -- Stephanie I replied to your private message thanks for your help. I am really saddened by the loss, Steve was a great guy and he will be missed.
I thank you all again as this website is proof that our immigration policy is truly in shambles. Being a Naturalized US Citizen of many years back I followed the law to the letter to get to where i am today, it sickens me that our government does nothing to address the ever-growing problem of illegal immigration. I am aware that to seal our borders is not the answer as this country was built by immigrants, like myself, but i think not accepting that there is an illegal immigration crisis of epic proportions is disastrous to our society -- as proof by the senseless death of Steve and countless many others. I hope this site, and the many others out there I stumbled upon when searching for more information on this tragic murder, are able to get the message across to everyone that this problem needs to be addressed by our people not by politicians who stray away from this issue.
I for one am a dedicated follower of Lou Dobbs who has been addressing this issue for many years and has now been able to come to the forefront of media attention as the country realizes that there is a problem with our “borders.”
Just passing through tonight and thought I would post a couple of related articles.
http://www.wjactv.com/news/9661716/detail.html
Illegal Immigrant Ordinance Under Consideration
POSTED: 2:26 pm EDT August 10, 2006
UPDATED: 2:31 pm EDT August 10, 2006
Altoona city council is expected to vote next month on a proposed ordinance to crack down on illegal immigrants.
City Mayor Wayne Hippo said the problem is growing in Pennsylvania, specifically Blair County.
Council wants to address it before the problems gets worse, and Hippo said the city's proposed ordinance is patterned after one in Hazelton, Pa.
"Any business that hires an illegal immigrant would have a license revoked," Hippo said. "Any landlord that rents would lose the rental inspection license and that's something unique to the city."
The proposed ordinance follows the arrest of illegal immigrant Miguel Padilla in the deaths of three men last month in Altoona.
Stay with Channel 6 News for continuing coverage.
http://www.altoonamirror.com/News/artic ... cleID=3869
Sunday, August 13, 2006 — Time: 1:54:27 AM EST
Mexico pushes Padilla delay
Government wants state Supreme Court to decide if nation has a role in triple homicide case.
By Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG — The Mexican government wants the triple homicide trial of Miguel A. Padilla put on hold until the Pennsylvania Supreme Court decides if that nation has a role in the case.
Mexico has battled for almost a year to be part of the case, but Blair County Judge Hiram A. Carpenter twice rejected the attempts.
Attorney Michael P. O’Connor of Tempe, Ariz., who represents Mexico, filed an appeal with the state Supreme Court requesting its intervention.
The state’s highest court indicated Monday that it will hear arguments.
Jury selection for Padilla’s trial is scheduled for Aug. 21 in Cumberland County.
O’Connor said that as a general rule in Pennsylvania, a criminal case under appeal comes to a halt.
O’Connor said Mexico wants to be sure that Padilla’s rights are being protected under American law and international treaties.
O’Connor has expressed concern that Padilla sat in Blair County Prison for seven weeks without legal representation after his arrest for three murders at the United Veterans Association on Union Avenue.
Public Defender Donald E. Speice since has agreed to take the case, and he says he’s ready for trial.
District Attorney Richard Consiglio said the Mexican consulate in Philadelphia was notified of Padilla’s arrest and sent a representative to talk to Padilla within days of his arrest.
Padilla, 26, faces the death penalty for killing Alfred Mignogna, Fredrick Rickabaugh Sr. and Stephen Heiss during an argument outside the UVA Club Aug. 28.
Outrageous! The only role that Mexico has is that they should be stopping illegal immigration from THEIR country, NOT encouraging it! :evil:Quote:
HOLLIDAYSBURG — The Mexican government wants the triple homicide trial of Miguel A. Padilla put on hold until the Pennsylvania Supreme Court decides if that nation has a role in the case.
Mexico is not helping their poor image with the American public by doing things like this.
W
Cpat,
Your right. If they really gave a hoot, then they would keep their citizens at home and punish them for breaking laws in other countries. This might be a good bargaining tool. We will give Padilla the killer life in prison, if Mexico will order the rest of it's missing citizens back to Mexico! Instead of passing out Matricula cards, load them on buses and take them back to Mexico. Truly be responsible for your the misdeeds of your citizens.
Dixie
I Like your idea, Dixie. :D
However, IMO, probably the powers that be in Mexico want the 20 Billions of dollars that Mexicans in our country send back home. I'll bet you 1 cent that they care more about $$$$$$$$ than Padilla, or even interfering in our affairs. After all, they're already interfering with bush's blessings. :evil: :evil:
http://www.altoonamirror.com/News/artic ... cleID=4024
Wednesday, August 16, 2006 — Time: 2:20:57 AM EST
DA seeking decision on Padilla case
Prosecutors want to avoid prospect of double jeopardy in triple homicide.
By Phil Ray, pray@altoonamirror.com
Blair County District Attorney Richard Consiglio Tuesday asked the state Supreme Court to determine whether the Miguel Padilla homicide trial — set to begin next week — should be delayed.
If prosecutors try Padilla for the murders of three men outside the UVA Club in Altoona in August 2005 and the Supreme Court orders the case halted during trial, the defense could ask for dismissal of charges based on double jeopardy — the constitutional prohibition against trying a suspect twice for the same offense.
If the trial is delayed, the defense may be able to request that the charges be dismissed because Padilla was denied a speedy trial.
‘‘We’re kind of frozen in midair,’’ Consiglio said. ‘‘We don’t want to let this guy wiggle out on a technicality.”
Consiglio contacted the state Supreme Court Monday to ask for an emergency ruling on Mexico’s request to delay the trial.
Padilla, a Mexican national, and the Mexican government have asked the state’s top court to delay the trial while justices consider an appeal of Blair County Judge Hiram Carpenter’s ruling prohibiting Mexico’s direct participation in the case.
Mexico and Padilla contend that Mexico’s rights under two international treaties have not been heeded and that Padilla’s rights have been overlooked.
Padilla complains that he has not been included in status conferences on his case and that the county has not allowed enough money for expert witnesses.
Consiglio is opposed to delaying the trial, and he contends that the complaints put forth by Mexico have no merit.
Padilla was represented by an attorney the day of his arrest, Consiglio said.
The status conferences with the judge are just that: updates that hold little or no interest for the defendant.
Consiglio said the Mexican government has no status even to seek redress in the Padilla case.
Under the treaties that Mexico cites, the only responsibility law enforcement has when it arrests a Mexican national is to notify the consulate — which was done, Consiglio said.
Denial of a stay would not cause irreparable harm to Padilla, as Padilla states in his petition, Consiglio said.
The Consiglio petition is the latest in a flurry of activity surrounding the case during the past week.
Jury selection is set begin Monday in Carlisle, Cumberland County, because of pretrial publicity.
Testimony is scheduled to begin Sept. 11.
That gives the Supreme Court three weeks to decide if the trial should be delayed, Consiglio said.
He is hoping the court will have a decision later this week to avoid the cost and effort in selecting a jury only to have the trial halted prior to Sept. 11.
Speice, Padilla’s lead defense lawyer, said he intends to file nothing with the Supreme Court.
He said he could always use more time to prepare the case. But he said, ‘‘If I have to go to trial, I will go to trial.’’
Speice said the defense is prepared.
I'm sorry, NO, I'm not. IMO, illegal aliens are NOT citizens or LEGAL immigrants, and thus should NOT have the same protection under the law, that we do.Quote:
We don’t want to let this guy wiggle out on a technicality.”
I know this'll make lawyers and civil libertarians, shudder. Too bad. :evil:
I'm tired of seeing that, in effect, the invaders get more rights that we do.
http://www.tribune-democrat.com/local/l ... 32719.html
Published: August 16, 2006 11:27 pm
Judge refuses to delay Padilla trial
By KATHY MELLOTT
The Tribune-Democrat
HOLLIDAYSBURG — A Blair County judge Wednesday denied a request by a Gallitzin man seeking a delay in his triple homicide trial set to begin Monday with jury selection.
But the decision may not settle the matter.
The order, issued by Judge Hiram Carpenter in response to the petition by Miguel Padilla of Convent Street, offers little direction for Blair County District Attorney Richard Consiglio or Public Defender Donald Speice.
As of late Wednesday, there was no response from the state Supreme Court to a request seeking an emergency decision on a similar request for a trial delay filed by Mexico.
Padilla, 26, a Penn Cambria graduate, never became a naturalized citizen and is considered an illegal alien.
He is charged with the Aug. 28 shooting of three men outside a private social club where he had been denied admission.
Consiglio is concerned that – if a jury is picked in Carlisle next week and a trial delay is granted by the state court – double jeopardy could be an issue.
The jury is being selected from out of the area because of the media coverage given the triple murders and pretrial issues.
Carpenter said Padilla’s request for a delay was improper because it was filed by the defendant rather than his attorney.
Padilla said in his typewritten petition that he was denied representation following his arrest, that he was physically threatened during his preliminary hearing and received death threats while in the Blair County Prison.
He claims Blair County has not provided enough money for trial experts and he was not included in pretrial status conferences.
Speice said Wednesday he has included Padilla when the issues impacted on his case and is prepared to go to trial to defend him in the capital murder case.
Saying the issues raised by Padilla are nonsense, the judge in his order urged the Supreme Court to deny Mexico’s request for delay.
“Counsel has been appointed for almost a year and are prepared to go to trial,” Carpenter wrote. “To grant a stay would be a tremendous miscarriage of justice to all concerned and would send a clear message that this defendant is entitled to more than other defendants.”
“In plain English, this is nonsense.”
I've indicated my sorrow at the vicitms' deaths, the first time this crime was posted. It shouldn't have happened, because Padilla should not have been here. :evil:Quote:
Saying the issues raised by Padilla are nonsense, the judge in his order urged the Supreme Court to deny Mexico’s request for delay.
Given that: I wonder how many taxpayer dollars have been spent by both prosecution AND defense on this illegal alien. :evil:
Finally! Let's get this over with and get Padilla convicted of triple murder.
http://www.centredaily.com/mld/centreda ... 298814.htm
Posted on Thu, Aug. 17, 2006
Pa. high court rejects Mexico's appeal in Altoona club shooting
Associated Press
HOLLIDAYSBURG, Pa. - The Pennsylvania Supreme Court on Thursday rejected the Mexican government's request to delay the trial of an illegal immigrant charged with killing three men at a nightclub last year.
As a result, Blair County prosecutors expect to begin picking a jury on Monday for the trial of Miguel Padilla, who is accused of gunning down three people at an Altoona social club last August.
Tempe, Ariz., attorney Michael O'Connor, representing the government of Mexico, has expressed concerns that Padilla was jailed without an attorney for seven weeks following the Aug. 28th shooting.
Blair County officials have said they waited to appoint an attorney only because they thought Mexican officials wanted input on the selection. When they found out that Mexican officials merely wanted to make sure that Padilla had an attorney, they appointed a public defender, they said.
"I am pleased with the Supreme Court's swift action in dismissing this frivolous appeal and am satisfied the victims' families will not see justice delayed," Blair County District Attorney Richard Consiglio said.
Padilla could face the death penalty if convicted of first-degree murder in the Aug. 28 shooting deaths of club owner Alfred Mignogna, 61; bouncer Fred Rickabaugh Sr., 58, and patron Stephen Heiss, 28, outside the United Veterans Association Club in Altoona.
O'Connor did not immediately return a call seeking comment.
The jury will be selected in Carlisle, Cumberland County, due to intense publicity in Blair County. The trial of Padilla, said by immigration authorities to have been in the country illegally since he was about 9 years old, will begin in September.
Padilla's public defender, Donald Speice, said he is prepared for trial. Speice has repeatedly denied the Mexican government's allegations that Padilla has not been represented properly.
http://www.altoonamirror.com/News/artic ... cleID=4074
Friday, August 18, 2006 — Time: 3:20:37 AM EST
Pa. Supreme Court rules against Mexico in Padilla case
By Phil Ray, pray@altoonamirror.com
The Pennsylvania Supreme Court has upheld a Blair County judge’s decision excluding the Mexican government as a party in the Miguel Padilla homicide case.
The ruling clears the way for jury selection to begin Monday in Cumberland County.
Judge Hiram A. Carpenter ruled in May that Mexico has no standing in the case, saying that any concerns the government has about Padilla’s treatment in the court system should be addressed through his lead defense lawyer, Public Defender Donald E. Speice.
Mexico cited two international agreements to support its claim that it had standing to file petitions and take part in proceedings involving Padilla.
But District Attorney Richard Consiglio argued that the only responsibility Blair County had under those treaties was to inform the Mexican consulate of Padilla’s arrest.
The consulate in Philadelphia was informed within days that Padilla, 26, a Mexican national, was charged with murdering three men outside the United Veterans Association in Altoona Aug. 28, 2005.
‘‘This is a domestic homicide case. ... It involves no international issues, and the government of Mexico is not a party to the action,’’ Carpenter ruled.
Mexico appealed to the state Supreme Court, and as Padilla’s trial date drew near, Mexico’s attorney asked that the trial be delayed.
Consiglio was concerned that the trial would begin and then come to a halt when the Supreme Court heard the appeal, so he asked the court for direction earlier this week.
On Thursday afternoon, the court dismissed Mexico’s appeal and denied a stay in the Padilla trial.
In a statement released late Thursday, Consiglio said, ‘‘I am pleased with the Supreme Court’s swift action in dismissing this frivolous appeal and am satisfied that the victims’ families will not see justice delayed.’’
Consiglio said he wants to get the case tried for the victims’ families and because the county has several major homicide cases waiting in the wings.
A delay in the Padilla case would delay those other cases as well.
The high court ruled that the issues raised by Mexico could not be appealed before trial, but they could be raised on appeal if Padilla is convicted.
Mexico is concerned about Padilla’s legal representation because Speice first rejected Padilla as a client.
Mexico contended that Speice now has a conflict of interest in not raising the issue that Padilla was without representation for seven weeks after his arrest.
Speice has retorted that Padilla was treated like every other proposed public defender client.
Carpenter, court personnel and sheriff’s deputies will head to Cumberland County Sunday afternoon to prepare for jury selection.
It normally takes at least a week to select a jury for death penalty cases because each prospective juror is interviewed at length.
Carpenter, meanwhile, has been holding night sessions and has scheduled a Saturday session of court in an attempt to complete a medical malpractice case that has been going on all week.
Mirror Staff Writer Phil Ray is at 946-7468.
Good for the PA Supreme Court. :D
i have thought about this case everyday for alomst a year now. I am as angry now as ive ever been. words cant express how i feel about the Mexican government sticking their noses where they dont belong. They didnt care about him until he killed three people. To this day it sickens me.
AltoidSteph , and Jazznutts, welcome to both of you to ALIPAC. I am sorry for your loses, I also know what losing someone close to you can do to your emotions. I hope that both of you will put your frustrations to work by joining us here at ALIPAC in our fight against the injustices that goes on and on such as the one that happened to your friends. I know that anger can turn inwards and become depression, don't let that happen to you, here you can vent your frustrations and anger into a constructive path and know that what you do here at ALIPAC by becoming an ALIPAC activist and helping us to stop this invasion of our country by the illegals. If our country was enforcing its own laws this murder of your friends wold not have happened, such a waste of life! When you have time, read some of the ALIPAC stories in their archives, be prepared though, to become even more angry with what you learn here, it can be overwhelming learning to what extent our government and our elected officials are betraying us, we are here to help you though, to stay on the right path to doing something real to fight against this. I think you will find it gratifying to learn that there is something "you" can really do to change this. I say to both of you, use this anger you feel, hang on to it and put it to good work, don't let it control you, you control it and bring about something good from something evil in the name of Steve and the others who were lost, make their lives count and be important and vital to bringing the change to our country that is so needed and will only happen because of people like you who's lives have been touched in such an evil way as this by people who disrespect us and our country by being here illegaly. Tell all your mutual friends about ALIPAC and how they can personally help to bring good out of this. A good place to start might be reading the story about the 2 border patrol agents who are being sent to prison by their governments for doing their jobs on the border, there you can clearly see how our government is betraying its own citizens in the name of the illegals, be sure and tune in to Lou Dobbs whenever you can as he is a hero to our cause, most every episode has something about the Illegal invasion going on. God Bless you both!
Well said, nitty!!
I agree.
http://www.pennlive.com
Jury selection to start in 3 nightclub slayings
Sunday, August 20, 2006
From staff and wire reports
CARLISLE - Starting tomorrow, some Cumberland County residents will get the chance to play a role in a murder trial that has become something of an international incident.
They will be chosen to sit on a jury for the trial of Miguel Padilla, an illegal Mexican immigrant charged with killing three men at an Altoona nightclub last year.
The jury will be chosen in Cumberland County due to publicity in Blair County. Cumberland officials said jury selection is expected to last several days.
The trial of Padilla, said by immigration authorities to have been in the country illegally since he was about 9, will begin in September. He could face the death penalty if convicted of first-degree murder.
The case has international ramifications because the state Supreme Court on Thursday rejected the Mexican government's request to delay Padilla's trial
Tempe, Ariz., attorney Michael O'Connor, representing the Mexican government, had voiced concern that Padilla was jailed without a lawyer for seven weeks after the Aug. 28 shooting.
O'Connor did not immediately return a call seeking comment on the ruling.
Blair County officials have said they waited to appoint an attorney only because they thought Mexican officials wanted input on the selection. When they learned that Mexican officials merely wanted to make sure that Padilla had an attorney, they appointed a public defender, they said.
Padilla is accused of killing club owner Alfred Mignogna, 61; bouncer Fred Rickabaugh Sr., 58; and patron Stephen Heiss, 28, outside the United Veterans Association Club in Altoona.
Padilla's public defender, Donald Speice, said he is prepared for trial. Speice has denied the Mexican government's allegations that Padilla has not been represented properly.
http://www.altoonamirror.com/News/artic ... cleID=4178
Tuesday, August 22, 2006 — Time: 2:00:57 AM EST
Possible jurors in Padilla trial fill out surveys
For the Record: See previous filings in the Miguel Padilla case by clicking here.
By Phil Ray, pray@altoonamirror.com
CARLISLE — The national debate over illegal aliens was on the mind of the judge selecting a jury Monday in Cumberland County for the Miguel A. Padilla triple homicide case.
Padilla, 27, who came to the Gallitzin area with his family from Mexico as a young boy, never was naturalized.
One of the charges brought against him a year ago when he was arrested for the murders of three Altoona men is possession of a gun by an illegal alien.
Judge Hiram A. Carpenter ruled that the illegal alien status is so prejudicial that he removed the gun charge from the rest of the case. Discussion of Padilla’s immigration status will be permitted in the case only if there is a death-penalty phase.
Blair County District Attorney Richard Consiglio asked Carpenter to reconsider his ruling, but the judge issued an opinion Friday stating, “In a case where first-degree murder is charged and the death penalty is sought, severance of the gun charge to a later point in time is a small price to pay where there is even a possibility of prejudice to the defendant if his illegal status is before the jury during the guilty phase.”
About 140 Cumberland County residents called as potential jurors were asked to fill out a 79-question survey that will be used by lawyers during the selection process, which begins today.
The questionnaire refers to Padilla as a person of “Mexican descent.”
The judge asked the jurors: “Could you give an individual of Mexican descent or nationality the same fair trial you would give an individual without a consideration of his nationality or place of birth?”
Carpenter said the trial will not last long. It will begin Sept. 6 and should be completed by Sept. 16.
Jurors will be sequestered in a Blair County hotel but will be taken home to Carlisle for the Sept. 8-9 weekend.
Carpenter is hoping a jury will be selected by Friday evening, but if not, prospective jurors were told to report to the courthouse Monday.
Padilla is charged with fatally shooting Alfred Mignogna, owner of the United Veterans Association; Fredrick Rickabaugh Sr., a club employee; and Stephen Heiss, a club patron, early Aug. 28, 2005, after Padilla, a friend and the friend’s mother were refused admission to the after-hours club.
Defense attorneys, Public Defender Donald E. Speice and Ed Blanarik, have asked that incriminating evidence — including the gun allegedly used to kill the men, a briefcase containing $19,000 and Padilla’s driver’s license found by a police officer not far from where he was arrested — be excluded from the trial.
The defense also wants any reference to Padilla’s history of violence excluded from trial, including mention of domestic violence, a criminal record and scheduled testimony from an individual who said Padilla threatened him with a gun.
Carpenter must hold a hearing on these requests.
Of the 140 prospective jurors, 22 asked to be released from jury duty because of ‘‘duress.’’
Many said they had vacations already planned for the two weeks of the trial. Carpenter said forcing them to miss their vacations to serve would create resentment.
Others were excused for illness among family members.
Mirror Staff Writer Phil Ray is at 946-7468.
http://www.altoonamirror.com/News/artic ... cleID=4292
One year later: Long legal battle likely in Padilla case
n For the Record: To view documents from the Miguel Padilla case, click here.
http://www.altoonamirror.com/ForTheReco ... lla008.pdf
http://www.altoonamirror.com/ForTheReco ... adilla.pdf
By Kay Stephens, kstephens@altoonamirror.com
A year ago Monday, in the early morning hours outside an Altoona social club, three men were shot and killed.
A year from now, if accused gunman Miguel Padilla is convicted at the end of a jury trial scheduled to start next week in Hollidaysburg, the case likely will move into a lengthy appeal process, especially if the jury chooses death over life in prison.
“When it’s a capital case ... the Mexican government will do what they can to appeal,” said Kent Scheidegger, director of the Criminal Justice Legal Foundation in Sacramento, Calif. “The Mexican government is very anti-capital punishment. I can’t say the same for the Mexican people.”
Scheidegger’s organization tracks and offers comments on court cases, many involving international issues on appeal before the U.S. Supreme Court.
In one murder case involving a Mexican national, the legal process began with a conviction and a death sentence, followed by an appeal process that stretched over 12 years to reach the U.S. Supreme Court.
Ernesto Medellin was born in Mexico but grew up in Texas. In 1993, he and two others were accused of raping and strangling two girls outside Houston.
Padilla, 26, is accused of gunning down United Veterans Association owner Alfred Mignogna, employee Fredrick Rickabaugh Sr. and club patron Stephen M. Heiss.
Like Medellin, Padilla was born in Mexico and came with his family to the United States. Padilla grew up in Cambria County and graduated from Penn Cambria High School.
Because Padilla is a Mexican national, his case has drawn interest and protests from the Mexican government, which sought to halt the trial while awaiting a review of legal issues before the state Supreme Court.
Mexico’s representatives complained that Padilla was not provided legal representation immediately, was not permitted to attend status conferences and has not been given enough money to pay expert witnesses.
Blair County Judge Hiram Carpenter says those and other international legal issues will be debated during appeal of any conviction.
Scheidegger said he believes Mexico loses more appeal issues than it wins, but it generally files appeals in capital cases, and the process is slow.
“These appeal cases could be done in five or six years, and they are in Virginia, particularly in those cases where there is no question of guilt,” he said.
In other states where issues go back and forth between state and federal courts, the process languishes.
In the Medellin case, the U.S. Supreme Court upheld his conviction and death sentence. Medellin still is on death row. Scheidegger said some legal issues remain with the Texas state court.
The appeal issues in the Medellin case included a claim that Houston authorities didn’t tell him that he had the right to notify the Mexican government of his arrest.
The Mexican consulate learned of Medellin’s status when he wrote to them from death row.
That appeal was dismissed partly because the courts ruled that the failure to notify had no effect on Medellin’s conviction or sentence.
In Padilla’s case, the Mexican consulate in Philadelphia is aware of Padilla’s charges.
But they have no role in the county jury trial, Carpenter has ruled.
Another related post-trial issue likely to surface in the Padilla case, if the jury sentences him to die, is Pennsylvania’s death row roster.
The state has 223 men and women on death row, including some that have been there for more than 20 years. Because of the appeal process, the state has not executed an inmate since 1999.
It has executed only three people since the death penalty was reinstated in 1978.
Mirror Staff Writer Kay Stephens is at 946-7456.
I jsut want to thank everyone for their continued support over the last year. Today, please keep Steve, Al, and Freddy in your thoughts as this day will be thoughest day for anyone whose life was touched by this event. Thank you again.
You got it AltoidSteph. I do not personally know any of these people obviously but I could not be much more angrier about the situation if they were a close friend or a relative. If our government enforced the immigration laws this would never have happened. We have enough of our own crime without importing it. I know this is going to be a stressful time but hope the trial goes smoothly and they get a conviction. Unfortunately that will never make up for the tragic loss of life.
The Mexico government cesspool of scum seems to go to no ends in trying to protect their low-life swill. This sickens me. I hope they fry this piece of crap.
There is a video available at the article link.
http://www.wjactv.com/news/9756034/detail.html
Triple-Murder Trial Exceeds Blair County Budget
POSTED: 1:45 pm EDT August 29, 2006
UPDATED: 1:52 pm EDT August 29, 2006
The trial of accused killer Miguel Padilla is expected to cost Blair County more than what was laid out in the budget.
Padilla is accused of shooting three men outside the UVA Club in Altoona last August. His trial is set to begin next Wednesday.
County commissioners said judges are doing their best to keep the costs in line, but added security is what will take the county beyond what this year's budget accounted for.
"It's just an unbelievable expense and if the Mexican government wants to get involved, they ought to start paying the bills. The American people are going to have to start to pay to prosecute this guy," said Blair County Commissioner John Eichelberger.
The Blair County sheriff said threats against Padilla have been made, citing the need for extra security. He said adding deputies to the courtroom is just one of those added costs.