Defense attorney second guesses trial strategy in Arnold murder appeal
Nov. 9—Defense attorney Ralph Karsh told a Westmoreland County judge on Monday that he never considered evidence during a 2017 murder trial that his client's young age mitigated the decision to shoot and kill a man during a 2015 melee in Arnold between two families.
"In retrospect, I wish I had explored that area," Karsh testified during an appeal hearing for Erik Lamont Reed Jr. who is seeking a new trial for the Dec. 15, 2015 shooting of 51-year-old Donald Williams.
Reed, now 24, formerly of Arnold, was convicted at trial of first-degree murder and is serving a sentence of life in prison without the possibility of parole
Prosecutors said Reed, then 18, shot Williams in the torso as multiple members of both men's families engaged in a physical altercation. At trial, Karsh argued Reed fired the fatal shot to defend his family members, including his father-in-law who was being assaulted and strangled during the fight.
New defense lawyer Adam Gorzelsky contends Reed's trial defense was inadequate because jurors were never presented evidence that allowed them to consider how his client's young age impacted him at the time of the shooting. Gorzelsky contends Reed's trial defense should have included testimony from an expert about how Reed, as an 18-year-old, acted impulsively and far differently than an older man would have in a similar circumstance.
"We're saying he needed to provide the jury with that context to place the jury in the shoes of an 18-year-old," Gorzelsky said.
Karsh testified he never considered using Reed's age as a trial defense and said witnesses backed up his theory that Reed believed he had sufficient grounds to shoot Williams as a means to defend his family members.
"I was shocked with the verdict," Karsh testified.
Assistant District Attorney Pete Caravello argued there was a clear strategy for Reed's defense at trial and that his appeal should be rejected.
Westmoreland County Common Pleas Court Judge Scott Mears did not make a ruling on the appeal. Mears also deferred a decision on a defense request to use taxpayer money to hire an expert to evaluate how Reed's age at the time of the shooting impacted his actions.
Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .
