Death Penalty

On April 4, 2009, Richard Poplaski ambushed and killed three City of Pittsburgh Police Officers. In June 2011, he faced a trial in which the Commonwealth sought the highest penalty under the law, Death.  The case was presided over by Judge Jeffrey Manning.

On that terrible morning (in order) Officer Paul Sciullo (who was going to testify for the first time in one of my cases) was shot and killed, followed by Officer Stepehn Mayhle (whom I never had the pleasure of meeting), and Officer Eric Kelly (who I had as a witness on a gun case in Judge Manning's courtroom on either April 1 or 2 of that year, in which he was the deciding voice in how the case resolved).

Officer Sciullo was struck in the head by a shotgun blast as soon as he walked through the door.  The psychology major didn't even have a chance to draw his weapon in self-defense.  Stephen Mayhle stepped over his fallen comrade and called for help while engaging the coward Poplawski in a gun battle.  During that fight, Ofc. Mayhle was able to defend his comrade, call for assistance, and engage a more heavily armed defendant in a gun battle.  Poplawski, armed with a 12-gauge shotgun fired repeatedly at Mayhle, armed only with a .40 caliber pistol.  Mayhle struck Poplawksi in the heart with one of his rounds.  Unfortunately, the coward was wearing a military-grade bullet-proof vest.  Mayhle PURSUED Poplawski throughout the house in a gun battle.  When Poplawski reached his automatic rifle, however, Mayhle realized he was outgunned and headed for the door.  He was shot in the back by Poplawski's AK-47 and fell over his comrade's body, splitting his head on the concrete steps as he fell out the door.  Poplawski stood over Mayhle and pumped several rounds into his body, creating divots in the concrete beneath him.

Officer Eric Kelly, who just dropped off his "step"-daughter at their home blocks away, raced to the scene after hearing Mayhle's desperate calls for help.  Poplawski waited, then fired round after round of his 7.62mm ammunition from his AK-47 into Officer Kelly's vehicle, fatally wounding the 14-year veteran before he had a chance to even exit his vehicle.  For the next 45 minutes, Eric Kelly bled to death outside of Poplawski's residence while rescuing Officers tried to save him.

In may of 2009, I was assigned to City Court for Preliminary hearings. During that time, I got to know many more City Officers, most of whom had a deep connection to that day.

In June of 2011, Richard Poplawski came to trial. I was present for much of it, including the closing arguments for both the guilt phase and the penalty phase.  The greatest reward for me, was to be there when the penalty decision by the jury came in. (Here's the deal, in a regular jury trial, the jury decides the Defendant's guilt and the judge determines the sentence. In a Capital Case, the jury decides the guilt AND the sentence.)

I couldn't get in to the courtroom for the penalty sentence. It was a small courtroom.  Family was permitted and fellow Officers from Zone 5 were rightfully admitted. I went to a courtroom with closed circuit TV access. In that room was me and a ton of uniformed (and non city officers). Tension was high. I was with my officers. (Of all officers in Allegheny County, the City officers are Mine. I'm their defender when they get up to testify.)

A collective sigh arose as the jury came back with death for the man who assassinated three police officers in cold blood.  Upon the formal, bone-chilling pronouncement of three consecutive death sentences from Judge Manning, the officers in the remote room rose and rushed to the door.  I raced out of the way to avoid the rush of officers heading to the hallway to see the man who murdered their colleagues.  I stepped aside to acknowledge those officers who actually saw me through their own tears and followed these soldiers of peace out of the faux courtroom.  We lined the hallways, these officers of peace, and waited for the condemned.  Slowly, the coward made his way down the hall.  Every single one of us, representing the law enforcement community of Allegheny County, centered in the Citry of Pittsburgh, stared the cold-hearted bastard in the eye as he passed, the K-9 Officer Niko, barking once as he passed before traveling beneath the stairs of the Sheriff's Office.

I've been through court hearings, trials, honest to god court battles, and real-life scenario trainings with many of these officers. This was the moment where I truly felt I was a member of law-enforcement. After Poplawski diappeared beneath us, the prosecutors emerged from the courtroom to applause from the officers.  I did not join, they did their jobs, and would not expect such a reception from their peers. Trust me, it was respectful. The exact same procedure followed for the jury and the Judge. All did their job. The officers applauded, I did not. I'm an officer of the Court as well. These are my peers and do not expect applause. Just as Mayhle would not have received applause had he killed Poplawski with his shot. Or Detective Friburger who shot the AK-47 out of Poplaski's hands during the standoff.

After the applause, the Officers present received an address and a commodation from their Deputy Chief.  He expressed his pride in Bureau of Police...one that I shared.  Poplawski faced a fair trial after killing three of their own.  That's worth being proud of.  We shared a moment of silence for the fallen.  Then the Officers departed forthe Courtyard to form a line of honor for the families of the fallen.

Truly a memorable evening.  Truly closure for many in the law enforcement community.  The compiments I received on behalf of my office afterwards are truly special.  Being welcomed into this community is more special than you can imagine.  I work with heroes daily and am truly blessed to do so.

Do I support the death penalty? When necessary.  It's the highest form of punishment allowed in PA. Was it deserved in this case?  Absolutely.  Three times. Consecutive to each other.