Westmoreland DA accused of history of misconduct during murder appeal

A former Pittsburgh man twice convicted of a 1999 murder outside a New Kensington bar claims he was the victim of a systematic effort by Westmoreland County prosecutors to subvert and hide evidence.

During a hearing Tuesday, lawyers for Denard Galloway, 59, argued the county district attorney’s office withheld key evidence that could have led to an acquittal.

They also contend that his case followed a pattern of alleged prosecutorial misconduct that potentially impacted other major criminal cases over the last quarter-century.

“Evidence has been suppressed for 25 years. There is a documented pattern, and this conduct is not acceptable under any circumstances,” said attorney Lara Bazelon, a professor of law at the University of San Francisco and director of the Racial Justice Clinic. Bazelon described it as an organization that handles appeals for convicted defendants and those who claim they are victims of excessive sentences.

Bazelon said Galloway’s case was referred to her organization as an example of a case rife with prosecutorial misconduct.

Galloway was convicted of first-degree murder following a trial in 2000 in which prosecutors unsuccessfully sought the death penalty.

That conviction was overturned in 2003 after a judge ruled Galloway’s then-lawyers failed to provide a sufficient trial defense.

He again was convicted following a second trial in 2005 and sentence to a life prison term.

Prosecutors said Galloway and an unidentified man shot and killed Terry Anderson, 43, outside a New Kensington bar Feb. 6, 1999. Prosecutors said Galloway shot Anderson over claims he was shorted $51 in a drug deal.

Two eyewitnesses testified Galloway was Anderson’s killer and said they saw him at the bar just prior to the shooting.

Galloway has maintained his innocence. He contends prosecutors withheld evidence that would have discredited eyewitness testimony and supported Galloway’s alibi.

Tuesday’s hearing was limited to defense efforts seeking discovery of the prosecution’s case file. They claim the district attorney’s office has investigatory files that were never turned over to the defense prior to Galloway’s trials and during subsequent appeals.

As part of his appeal, Galloway’s new lawyer argued now-retired Assistant District Attorney Larry Koenig and New Kensington police had a history of repeated discovery violations. They introduced findings from county judges about similar misconduct allegations in other prosecutions.

Koenig, who is expected to testify when the hearing resumes at a later date, declined to comment Tuesday.

Bazelon argued that a review of trial transcripts, defense files and other available records suggests additional witness interviews and other evidence was hidden from the defense.

Lisa Lazzari-Strasiser, the conviction integrity officer for the Pennsylvania Attorney General’s Office, a division that was created in 2020 to review defendant claims, testified she was tasked in 2022 with investigating Galloway’s contention that he was the victim of a faulty prosecution.

A review of investigatory documents in Galloway’s case did not match records possessed by the defense, she testified.

Emily Smarto, a defense lawyer who represented Galloway during his second trial, said records Bazelon contends were withheld could have helped the defense. She said Koenig’s reputation as a prosecutor and questions about his adherence to discovery requirements and investigation methods raised alarm.

“Cases involving New Kensington (police) and Larry Koenig always heightened defense attorney’s concern about being surprised and trial by ambush,” Smarto testified, suggesting she continues to question the district attorney’s office treatment of Galloway.

Galloway, she said, was released on bail following the overturning of his initial conviction. Within months, he was arrested and jailed on suspicion of rape, a charge for which he eventually was acquitted.

“I found that really odd,” she testified.

Assistant District Attorney Elizabeth Ranger objected to the defense’s misconduct claims. She argued that under state law, the defense is not entitled access to prosecutorial records during post-conviction appeals.

She defended Koenig and said there are no recorded claims against him of prosecutorial misconduct.

“This is a fishing expedition,” Ranger said.