Richard R. Laird, the killer of gay artist Anthony V. Milano, is forging ahead in his quest for a new trial. In recent court papers, Laird cited four main reasons why his 2007 retrial was flawed. But prosecutors remain adamant that another trial isn’t necessary.
In 1987, Laird and Frank R. Chester kidnapped Milano to a wooded area in Bucks County, where Milano’s throat was hacked out with a box cutter.
Both men were sentenced to death in 1988, but their death sentences subsequently were voided due to multiple errors during their trial.
Chester was removed from death row in March, after he agreed to remain in prison for the rest of his life.
Laird had a retrial in 2007 and was resentenced to death by a Bucks County jury. But Laird is trying to convince U.S. District Judge Jan E. DuBois that errors during his retrial make it necessary for a third trial. In August, DuBois rejected Laird’s claims, but Laird wants the judge to reconsider.
Laird claims that jurors in his 2007 retrial knew about his 1988 death sentence, which made them predisposed to resentence him to death. Laird also claims the 2007 jurors didn’t have access to important medical records regarding his childhood brain injuries. Those injuries allegedly contributed to Laird’s inability to form a specific intent to kill Milano.
Additionally, Laird claims it was wrong for Chester to be in the courtroom in shackles during Laird’s 2007 retrial. Chester didn’t testify, but his presence served to inflame jurors, according to Laird.
Lastly, Laird claims he was subjected to “double jeopardy” during the 2007 retrial, because he already had a third-degree murder conviction stemming from the Milano incident, yet the 2007 jurors reconvicted him of third-degree murder — which allegedly subjected Laird to “double jeopardy.”
Bucks County prosecutors filed a lengthy brief opposing Laird’s claims on Sept. 30.
“We believe Judge DuBois correctly decided this case, and that there are no meritorious grounds for reconsideration,” Bucks County Deputy District Attorney Jill M. Graziano told PGN.
According to the prosecution’s brief, there’s no evidence that jurors in Laird’s 2007 retrial knew about his 1988 death sentence. Also, the prosecutors contend there was nothing wrong with Chester being present during Laird’s 2007 retrial. Additionally, jurors had sufficient information about Laird’s alleged mental-health challenges, regardless of whether they had access to the specific medical records cited by Laird, the prosecution stated in its brief.
Prosecutors also emphatically refuted Laird’s assertion that he suffered “double jeopardy.” Even though Laird had a third-degree murder conviction going into his 2007 retrial, he never was sentenced for committing third-degree murder. Thus, no “double jeopardy” occurred, according to the brief.
A decision by DuBois remained pending as of presstime. Meanwhile, Laird, 53, remains on death row at a state prison in Waynesburg.
Chester, 48, remains in the general prison population in Graterford.