The Herald, Sharon, Pa.

Local News

October 2, 2009

Weaver attorney begins appeal

By Monica Pryts

Krystle Sue Weaver’s attorney on Friday began the process to appeal her conviction of murdering Thomas Lorigan and attempting to murder his daughter, Heather Lorigan.

Ms. Weaver, 22, Fowler, Ohio, was found guilty Sept. 23 by a jury on all counts against her in the Mercer County Common Pleas Court of Judge John C. Reed.

She was sentenced on Sept. 25 to two, concurrent terms of life in prison without parole for the May 20, 2008, stabbing attack in Ms. Lorigan’s former home at 94 Clinton St., Apartment 103, Greenville.

She was also sentenced to varying terms for other convictions related to the attack to be served concurrently. Updated court files online show Ms. Weaver also owes about $15,000 in court costs and restitution.

Lorigan, 44, lived in Greene Township and Ms. Lorigan, 23, now lives in Sugar Grove Township and is in a wheelchair, still recovering from her wounds. She has two young daughters who were present at the attack but not harmed.

Misko filed these post-sentence motions:

• Judgment of acquittal. Misko said he’s asking Reed to acquit Ms. Weaver on all counts except a robbery charge because there was no evidence that showed she planned the attack nor did she stab Lorigan or Ms. Lorigan.

• Arrest of judgment. The jury “got it wrong” with their guilty on all counts verdict and Reed should overrule the jurors’ decision, Misko said.

• Schedule a new trial. Reed wouldn’t allow testimony from a forensic psychiatrist on behalf of Ms. Weaver, Misko said.

• Withdraw himself from the case. If Reed denies the motions, Misko will ask to be removed from the case because the Weaver family can’t afford to continue to pay him for his services. A public defender would be appointed to represent Ms. Weaver.

Reed has 120 days to rule on the motions and if he doesn’t respond, they’re deemed denied, Misko said. Ms. Weaver’s attorney can then appeal to the state’s Superior Court.

Misko maintains the stabbing was planned and carried out by Ms. Weaver’s boyfriend, Ronald Victor Machado, 21, Jamestown. Ms. Weaver told police she witnessed the attack but never admitted to holding a knife or stabbing anyone, Misko said.

Ms. Lorigan testified she remembered seeing Ms. Weaver holding a knife but only remembers Machado stabbing her.

Machado hanged himself in his cell at Trumbull County Jail, Warren, four days after he was arrested.

His suicide wasn’t mentioned during the trial’s four days of testimony because it was irrelevant to the case, Mercer County District Attorney Robert G. Kochems said after the trial.

Kochems on Friday said Misko’s motions weren’t a surprise and they’re always expected from defense attorneys.

Ms. Weaver is at the women’s state prison in Muncy, Lycoming County.

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