Full bench recusal in Harshman murder retrial granted to 'avoid appearance of impropriety'

The retrial of Ronald Harshman, accused of murdering Melvin Elwood Snyder in 1985, was supposed to take place last Monday, but it has been pushed back to Jan. 13, 2020. That's because all six of the judges of the Franklin County Common Pleas Court stepped down from taking the case.

Court documents revealed that the defense's request of recusal was granted by Judge Shawn Meyers in order for the court to "avoid the appearance of impropriety."

In an 81-page proposal filed on May 20, Ronald Harshman's attorney, George Matangos, offered findings to prove that his client should be tried again before an out-of-county judge so that he may have a fair retrial. 

He claimed that Franklin County Common Pleas Court judges Douglas Herman and Meyers repeatedly refused evidence in appeal hearings showing that "secret deals" had taken place between the district attorney's office at the time and jailhouse informants that violated the Brady rule, the proposal read.

More:U.S. judge vacates Franklin County man's murder conviction, rules he be freed or retried

Harshman is serving a life sentence for killing Snyder after discovering an affair between Snyder and his wife. He was convicted in 2001 in a trial that proceeded without a body or a murder weapon. 

In a 2009 appeal hearing, documents state that evidence revealed Jack Nelson, Franklin County district attorney at the time, had offered to help inmates out of jail early in exchange for testimony against Harshman in his murder trial.

Following multiple appeal denials, U.S. District Judge Christopher C. Conner of the Middle District of Pennsylvania ruled in favor of Harshman's January 2017 petition for relief. He said the state "deprived Ronald Harshman of an opportunity to challenge the motives and veracity of jailhouse witnesses, whose testimony was critical" to his conviction for first-degree murder.

With the prosecution failing to disclose this information regarding the DA's deals before the trial to defense attorneys, Harshman was denied a fair trial through this Brady violation. 

More:Franklin County man to be retried for first-degree murder

Meyers granted the motion for recusal on May 21. 

In his order, Meyers recognized that under judicial canon rules, the bench in question was not disqualified on grounds of actual bias, unfair conduct or conflicts of interest, but the recusal was granted out of concern the public might perceive bias.

Meyers said the bench "has and can act without permitting anyone to influence court decisions or providing an impression that court can be influenced by any person or organization."

But a judicial canon rule specifically states, "a judge shall act to promote public confidence in the independence, integrity and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety." 

The defense pointed out "egregious prosecutorial misconduct" in Harshman's previous trial. Sitting Judge Angela Krom tried Harshman when she was an assistant district attorney. 

Meyers has presided over the case since 2015.

President Judge Edward Guido of the Cumberland County Common Pleas Court was assigned the case in a court order filed on May 23.

An evidentiary hearing is planned for July 22. The pre-trial discovery period is scheduled to conclude Aug. 1.

More:Franklin Co. man's murder retrial rescheduled because all county judges recused themselves