BY TERRIE MORGAN-BESECKER

Times-Tribune(AP) The case against accused cop killer Eric Matthew Frein isn't so much a question of guilt or innocence as it is of life or death, several area attorneys said.Facing a mountain of incriminating circumstantial evidence, Frein's attorneys will be hard-pressed to credibly argue for an acquittal at his capital murder trial, which starts Tuesday in Pike County Court, the attorneys said. The real question is whether Frein will be sentenced to death or life in prison, they said."He basically gave a confession," said Bob Buehner, former longtime district attorney in Montour County. "You have flight. You have all the forensic evidence that's been meticulously documented. This is a prosecutor's best wish come true."Pike County District Attorney Ray Tonkin wants to put Frein, 33, of Canadensis, on death row for the Sept. 12, 2014, sniper attack outside the Blooming Grove state police barracks that killed Cpl. Bryon K. Dickson II, 38, of Dunmore, and wounded Trooper Alex T. Douglass, 34, of Olyphant. Following a 48-day manhunt that spanned Pike and Monroe counties, he was captured on Oct. 30, near an abandoned airport hangar in Monroe County.Frein is charged with first-degree murder, first-degree murder of a law enforcement officer, attempted first-degree murder, attempted first-degree murder of a law enforcement officer, assault of a law enforcement officer, two counts each of terrorism and possession of weapons of mass destruction, and one count each of recklessly endangering another person, discharge of a firearm into an occupied structure and possession of an instrument of crime.He pleaded not guilty to all counts. Twelve jurors and six alternates chosen from Chester County will hear the trial. It is expected to last several weeks.Years of preparationThe start of the trial culminates 2½ years of preparation by prosecutors and Frein's attorneys, William Ruzzo and Michael Weinstein.Frei n was first identified as a suspect three days after the ambush, when James Novak was walking his dog and stumbled upon aJeep Cherokee partially submerged in a retaining pond in the woods near the barracks. The Jeep was registered to Frein's parents. Police obtained a search warrant and found Frein's driver's license, Social Security card, camouflage face paint, flash lights, a black hooded sweatshirt, two empty rifle cases, military gear and other items inside the Jeep.As the manhunt dragged on, many Pike and Monroe residents lived in fear as hundreds of heavily armed law enforcement officers swarmed the region. Schools shut down. Residents, particularly those living near the Seneca Lane home Frein shared with his parents, were ordered to remain inside when authorities responded to sightings. It came to an end when U.S. Marshals scouring the woods came upon Frein outside the hangar and took him into custody without incident.Frein is not charged with any offenses for fleeing, but the manhunt is expected to play a role in the case because it is evidence of consciousness of guilt, said attorney Peter Paul Olszewski Jr., a former district attorney and judge in Luzerne County."You want to establish it's obvious he knew law enforcement was chasing him," Olszewski said. "He was fleeing. Why was he fleeing? Because he (allegedly) shot two troopers.""Hardness of heart"The case is expected to rely heavily on the massive amount of forensic and physical evidence uncovered while Frein was on the lam and after his capture.To prove first-degree murder, prosecutors must show Frein was the shooter and that the crime was an intentional, premeditated act committed with malice or "hardness of heart."Tonkin appears to have overwhelming evidence of both, Buehner and other attorneys said."What is the defense?" Olszewski asked. "Is it that someone else did it? If not him, then who?"Ruzzo and Weinstei n declined to comment on their defense strategy.Al Flora Jr., former chief public defender for Luzerne County who previously defended several death penalty cases with Ruzzo, said the defense will cross-examine prosecution witnesses and experts to ensure forensic tests were conducted properly, and that proper procedures were followed. The magnitude of the evidence against Frein will be difficult to overcome, he said."They will test the prosecution's case just to make sure the defendant's rights are fully protected," Flora said. "In the end, this is going to be a tough one for any defense lawyer."Evidence against Frein began to mount as the manhunt to find him continued. Authorities uncovered additional evidence through multiple search warrants, including Frein's home.There, investigators found a checklist they believe Frein wrote of items he needed to survive in the wilderness, including "undies, sleep clothes and poncho liner." They also found info rmation on computers that indicated Frein researched the attack for more than a year.Another big break in the case came on Sept. 29, 2014, when searchers found a makeshift campsite they believe Frein abandoned as searchers neared. The site produced perhaps the most damning evidence against him - pages from a journal in which authorities say he chillingly described the shooting:"Friday, Sept. 12, got a shot around 11 p.m. ... He dropped. I was surprised at how quick. ... I took a follow-up shot on his head and neck area. He was still and quiet after that. ... Another cop approached the one I just shot. ... As he went to kneel, I took a shot at him, one jumped in the door. His legs were visible and still. I ran back to the Jeep. ... I made it maybe half a mile from the GL (gamelands) road and hit a (police) road block. I didn't expect one so soon. It was only 15 to 20 minutes. ... I did a K-turn a quarter mile from them and pulled into a development I knew had unfinished access road. Hearing helos (helicopters), I just used my marker lights, missed the trail around a runoff pool and drove straight into it.! Disaster! Made half attempt to stash AK(-47) and ran."Prosecutors will need to prove Frein penned the writings. The pages were turned over to handwriting experts, who are expected to testify at the trial. Authorities also have DNA evidence that ties him to a water bottle and other items found at the campsite.Investigators found other incriminating evidence, including the .308-caliber rifle used in the attack, at the airport hangar where Frein was captured. Ballistics reports showed the casings found at the crime scene matched the rifle.Prosecutors say Frein also made incriminating statements to investigators following his arrest, telling them he committed the crime to "wake people up." It is not known yet if the statements will be introduced at trial because his attorneys filed a motion to suppress them. Pike County Judge Gregory Chelak will rule on that motion before opening statements begin.Proving terrorismOther charges against Frein stem from his actions during his time on the run. He is charged with two counts of possession of weapons of mass destruction for two unexploded pipe bombs searchers found at the campsite where investigators say he stayed as he eluded capture.He also faces two counts of terrorism based on the statements he allegedly made to troopers following his arrest and a letter he allegedly wrote to his parents about a year before the attack. To prove the terrorism charges, prosecutors must show Frein committed the crimes in an attempt to "affect the conduct of government."The letter was found on a thumb drive discovered at the airport hangar. The letter complains that our nation "is far from what it was and what it should be. ... There is so much wrong and on so many levels only passing through the crucible of another revolution can get us back the liberties we once had." It goes on to say: "Tension is high at the moment and the time seems right for a spark to ignite a fire in the hearts of men. What I have done has not been done before and it felt like it was worth a try. ... I tried my best to do this thing without getting identified, but if you are reading this then I was not successful."While the case will focus on circumstantial evidence, Buehner said he also expects powerful testimony from Douglass, who has undergone multiple surgeries, and Nicole Palmer, a civilian dispatcher who witnessed the shootings."You always try to humanize the case so people can relate to it," Buehner said of Douglass. "This is a person who walked into the state police barracks one night and the next thing you know, his life is shattered. You want to put a human face on that."In cases where evidence of guilt is strong, a defendant might seek to introduce circumstances that could reduce the charges to a lesser degree of homicide, such as third-degree murder. That is not a viable defense here given the facts of the case, said Olszewski."You can't argue it's something other than first-degree," he said. "It's first-degree or nothing."Life or deathGiven the strength of the prosecution's case, Olszewski, Flora and Buehner said they believe the defense will focus their attention on developing mitigating evidence that can be used in the death penalty phase if Frein is convicted of first-degree murder.In the death penalty phase, jurors would consider aggravating factors - those that make a crime more heinous - against mitigating factors - those that lessen a defendant's culpability. If the aggravating factors outweigh the mitigating factors, Frein will be sentenced to death; if not, life in prison without parole.Tonkin lists two aggravating factors: Dickson was a police officer murdered in the line of duty and the shooter created a risk of injury to others by firing into the barracks.The defense hired a mitigation expert, Louise Luck, early on in the case to uncover evidence, such as a troubled childhood, that might help explain why Frein allegedly committed the crimes.It is not known yet what evidence Luck has because it remains under seal. It is expected that Luck did a complete background on Frein, obtaining medical records, school records, speaking to neighbors, friends and anyone else who had extensive contact with him over his life."They'll use the mitigation specialists to show he was the product of his environment somehow," Olszewski said. "They'll talk about his younger years, if he had problems growing up, if he was deprived of guidance."The courts have been very lenient on the type of information they will allow as mitigating evidence. Still, Buehner and other attorneys say they believe the defense faces an uphill battle sparing Frein's life."Let's face it. The assassination of a state trooper and the attempt on another state trooper strikes at the heart of our civilized society," Buehner said. "This is one of those circumstances the prosecution should ask for the death penalty."