A former Shamokin man, sentenced to death for a 1994 Kulpmont murder, is asking for the chance to appeal a decision that kept his death sentence intact.
Kevin Marinelli, 40, formerly of Shamokin, filed papers Friday in U.S. Middle District Court asking the court to amend or alter a Nov. 26 decision that denied his motion to vacate the punishment he received in 1995.
He was sentenced to death after being convicted of first-degree murder in the shooting death of Conrad Dumchock, of Kulpmont, during a home invasion April 26, 1994.
In a 26-page brief in support of his motion, Marinelli, through his counsel, Billy H. Nolas, of Philadelphia, said the right of appeal should be granted on several claims that were denied in November. Nolas said the jury did not know Marinelli lived in an abusive home prior to the murder, statements Marinelli made in interrogation were made before he was informed of his right to have counsel present, the state presented testimony it knew to be unreliable, instructions given to the jury on sentencing were unclear and unconstitutional instructions and arguments regarding "torture" were made by the prosecution to the jury during his 1995 trial.
A third filing Friday petitions the court to relax the rules on Marinelli's brief. Rules of the court state that briefs on such motions are limited to 15 pages, or 5,000 words.
Two co-conspirators also are serving time for the murder.
Mark Marinelli, formerly of Shamokin, testified against his brother and pleaded guilty to second-degree murder.
Thomas Kirchoff, formerly of Coal Township, was found guilty by jury of second-degree murder. Both are serving life sentences with no chance of parole.
Kevin Marinelli's death warrant was signed in 1997 by then-Gov. Ed Rendell, but his execution was stayed by a federal judge on the filing of the habeas corpus petition that was denied Nov. 26.
In a 238-page opinion, Judge Robert D. Mariani said an appeal is eligible for just one of Marinelli's 18 claims - that his due process and confrontation rights were violated.
The judge directed the court's clerk to close the case on Marinelli's petition in November.