Convicted killer Kevin Marinelli files fourth PCRA petition

Justin Strawser, The Daily Item, Sunbury, Pa.
·2 min read

Mar. 30—SUNBURY — Convicted killer and death row inmate Kevin Marinelli continues to fight to overturn his case in a fourth Post-Conviction Relief Act petition over the last 28 years.

On Thursday in Northumberland County Court, Pennsylvania Senior Deputy Attorney General William Stoycos and Assistant Federal Defenders Katherine Ensler and Helen Marino, of the Federal Community Defender for the Eastern District of Pennsylvania in Philadelphia, appeared in front of Delaware County Senior Judge John Capuzzi Sr. to discuss the status of the latest filing. Kevin Marinelli, convicted in the 1994 torture death of Kulpmont resident Conrad Dumchock, was not present.

Ensler cited three issues that are part of the newest PCRA petition on March 22, the first being judicial bias based on emails that led to the suspension of state Supreme Court Justice J. Michael Eakin, one of the justices who reviewed Marinelli's previous appeals. The defense argues that emails uncovered by former Attorney General Kathleen Kane show Eakin had a dismissive attitude toward domestic violence because one of them contained a joke about the victim of spousal abuse.

They are also challenging the constitutionality of the death penalty and seeking relief from a recent Commonwealth decision regarding Equal Protection Claims.

Stoycos, who requested the judge rule first on the jurisdiction, ask the courts to clarify Marinelli's claim that his original PCRA was unsuccessful due to ineffective counsel of the Federal Community Defender for the Eastern District of Pennsylvania in Philadelphia. The judge said he wants to have a hearing on this matter and potentially appoint new legal counsel before moving forward with the PCRA itself.

If the case moves forward to a hearing, Stoycos said the commonwealth intends to "vigorously defend the case" and bring in multiple witnesses. He anticipates a lengthy hearing.

The judge said the PCRA claims wouldn't be heard until early 2024.

Marinelli, 50, was sentenced in 1995 to death plus another 25 to 50 years in prison on charges of first-degree murder, robbery, conspiracy and burglary. He is currently incarcerated in the State Correctional Institution at Phoenix in Collegeville.

Mark Marinelli and Thomas Kirchoff are serving life sentences for their roles in the murder. Mark Marinelli testified against his brother and Kirchoff.

The version given at trial was the three men went to Dumchock's home the evening of April 26, 1994, to steal stereo equipment. They encountered Dumchock, who pleaded with them to take what they wanted and leave him alone.

According to trial testimony, Kevin Marinelli struck Dumchock in the face with a gun and continued the assault when the victim would moan or not answer a question. After Mark Marinelli and Kirchoff left the house, Dumchock was shot twice in the head.

The Associated Press contributed to this report.