Judge rules against 'sovereign citizen' who represented self in murder at Edinboro Wendy's

A self-declared "sovereign citizen" has lost his argument before an Erie County judge that he did not fully understand the case against him when he decided to represent himself at his murder trial.

The defendant, Markese D. Lampley, 24, was convicted at trial in 2021 of fatally shooting a manager at the Wendy's restaurant outside Edinboro during an attempted robbery in January 2020.

Lampley repeatedly said he wanted to act as his own lawyer as a "sovereign citizen" who was outside the jurisdiction of the American justice system.

But on appeal, Lampley accepted the appointment of an assistant Erie County public defender, who contended that Lampley did not completely know what he was doing when he waived his constitutional right to counsel days before his trial, in July 2021.

Erie County Judge John J. Trucilla rejected Lampley's argument following a hearing that lasted nearly four hours on Friday. Trucilla, who presided over the trial, held the hearing after the state Superior Court late last month sent the case back to him for a review of the self-representation issue.

Trucilla on Friday heard testimony from the two trial lawyers who represented Lampley before he opted to represent himself. Those lawyers, Bruce Sandmeyer and Jason Nard, testified that they fully explained the charges to Lampley.

Trucilla said their testimony — especially that of Nard, the second lawyer to represent Lampley —undercut Lampley's argument that he did not have a complete explanation of the case before he represented himself and thus did not waive his right to counsel knowingly, voluntarily and intelligently.

"I believe attorney Nard was absolutely clear that he explained the substance and nature of these charges" to Lampley, Trucilla said in ruling from the bench.

"The door to ambiguity, in my estimation, has been closed," Trucilla said. "I am completely satisfied that Mr. Lampley knowingly, voluntarily and intelligently waived his right to counsel, and it was unequivocal."

What was Markese Lampley found guilty of?

Lampley, who lived in Milllcreek Township, is serving a sentence of life in state prison with no parole for fatally shooting Alexander Cavanah, 22, the manager at the Wendy's, during the attempted robbery. Lampley was found guilty of charges including second-degree murder, a killing that occurs during a felony, such as a robbery.

Trucilla, who sentenced Lampley in August 2021, also gave him additional time of at least 13 years for his conviction for threatening seven other employees at Wendy's, including one as young as 15.

The slaying occurred inside the Wendy's, off Route 6N and near Interstate 79 outside Edinboro, shortly after 2 p.m. on Jan. 25, 2020. Cavanah was trying to fight off Lampley when he was shot in the leg and back, according to testimony at trial. Cavanah was an Edinboro resident who formerly lived in Meadville

The evidence against Lampley was plentiful. It included Lampley admission of guilt in phone calls ne made from prison and in a letter he wrote to a district magistrate following his arrest.

Why did the case return to Trucilla's courtroom?

In June 2021, days before the trial, Trucilla held a lengthy hearing at which he quizzed Lampley on his decision to represent himself. Trucilla granted the request after listening to Lampley and Nard.

Following his conviction, Lampley and Assistant Public Defender Jessica Fiscus appealed his conviction based on his argument that his waiver of counsel was deficient. The lead prosecutor, First Assistant Erie County District Attorney Jessica Reger, argued that Lampley's waiver was proper under the Sixth Amendment.

The Superior Court issued a ruling favorable to Lampley on Nov. 28. In a 28-page decision, a three-judge panel of the appellate court said the record of the June 2021 waiver hearing "contained ambiguity" as to whether Nard had adequately explained the charges to Lampley ahead of his decision to represent himself.

The Superior Court panel stopped short of reversing Lampley's conviction. But it remanded the case to Trucilla for Friday's hearing to clarify what Lampley's lawyers had told him about the charges before he decided to represent himself.

The case is not over.

Trucilla's ruling now goes to Superior Court. It will decide whether to accept or reject the judge's finding — a decision that could determine whether Lampley gets a new trial.

Contact Ed Palattella at epalattella@timesnews.com. Follow him on X @ETNpalattella.

This article originally appeared on Erie Times-News: 'Sovereign citizen' loses at hearing over slaying at Edinboro Wendy's