Convicted killer gets retrial
A Schuylkill County man convicted in a murder-for-hire killing in 1999 now wants statements to police that helped land him on death row suppressed at his new trial.
Lawyers on behalf of Ronald Champney, 64, on Friday asked President Judge William Baldwin to have the statements silenced in the new trial, scheduled for the end of April.Baldwin said after the 90-minute hearing that he would hand down a ruling well before the trial.Champney was convicted in November 1999 of killing Roy Bensinger, 38, of North Manheim Township, with a single shotgun blast on June 4, 1992, as Bensinger stepped out of his pickup in the driveway of his home.Champney was scheduled to be executed on Nov. 30, 2004, but a federal judge halted his execution.In June 2008, Baldwin ruled that errors made by Champney's lawyer, Marsha Chwastiak, likely landed him on death row, and ordered a new trial. The state Supreme Court in 2013 upheld Baldwin's ruling.On Friday, Champney, in drab green prison garb and manacles, took notes and sat impassively during the hearing.Champney's lead defense lawyer, Kristen L. Weisenberger of Harrisburg, questioned the timing of Champney's being given his Miranda rights and his being questioned about the case by a state trooper, of the trooper's physical proximity to Champney during his discussions about the case, the tone of those discussions, and whether Champney may have felt intimidated or pressured while giving his statements.The discussions occurred on Nov. 26, 1997, Dec. 23, 1997, May 13, 1998, and Oct. 8, 1998, including in the back of a police cruiser as Champney was being taken to and from hearings, in an interview room at the prison.Weisenberger called one witness to testify, retired state Trooper David Shinskie of the Schuylkill Haven barracks.Shinskie testified in response to Weisenberger's questions that he "took every opportunity" to talk with Champney about the homicide case.He said Champney was given his Miranda rights before discussions about the case, that the tone of the discussions was "conversational," that there was plenty of space between him and Champney in the back seat of the Ford LTD, and that Champney never appeared to be fearful or nervous.Under questioning by Weisenberger and by Deputy Attorney General Jennifer Peterson, Shinskie testified that his tone was "not accusatory. It was a conversation between the two of us."Shinskie also said Champney told him things that "only a person who was involved could tell me."Those things included the location of the gun he used to kill Bensinger, and that it was not destroyed after the shooting.At one, after chatting with Champney about the case, Shinskie said he "asked him point-blank, did you shoot Roy Bensinger?"He testified that Champney "kind of hesitated, mumbled, stammered" before replying "before I say anything, I need to talk to (attorney) Frank Cori."