Thursday, July 24, 2014

Letteer has new attorney, appeal filing deadline

Hit-run defendant must detail reasons for sentence appeal

June 24. 2014 11:30PM

By - - (570) 991-6113

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WILKES-BARRE — Hit-and-run defendant Thomas W. Letteer Jr. has a deadline and a new attorney.

Letteer, 24, has filed a notice that he intends to appeal his two-to-five-year sentence in connection with the Dec. 21, 2012, traffic death of Kevin Miller, 5, of Dallas.

Luzerne County Judge Joseph Sklarosky Jr. on Monday filed an order indicating that Letteer has 21 days to file a response identifying each ruling and error that the guilty man plans to challenge, “with sufficient detail to identify all pertinent issues for the judge.”

The prosecution will then have 28 days to respond.

Those requirements are routine in appeals such as this.

Earlier this month, then-defense attorneys Allyson Kacmarski and Paul Galante filed a motion on Letteer’s behalf seeking a reduced sentence or boot camp, alleging that Sklarosky improperly allowed testimony about Letteer consuming alcohol the night of the crash when Letteer was sentenced on May 1.

Sklarosky denied Letteer’s request on June 10.

On Friday, Kacmarski and Galante filed a the notice of appeal, together with documents seeking to withdraw from the appeal together with a notice that Letteer wishes to proceed “in forma pauperis,” meaning the defendant is unable to pay for new attorneys.

Kacmarski and Galante served Letteer as conflict counsel, paid with county funds.

Sklarosky on Monday also appointed Matthew Kelly to serve as Letteer’s new attorney.

Letteer, of Plains Township, is incarcerated at the State Correctional Institution Camp Hill in Cumberland County, according to court documents.

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