Attorneys for a South Greensburg woman who prosecutors say bullied her boyfriend into committing suicide in 2021 say the criminal case against their client should be dismissed.
Defense attorney Tim Lyon said the district judge who held the case for trial last year participated in the initial investigation while still working as an assistant district attorney.
During a court hearing Thursday, Lyon argued that conflict of interest should result in dismissal of all charges against Mandie Reusch.
“There is certainly a question of whether the magisterial district judge should have heard this case,” Lyon said.
Reusch, 36, was charged last year with assisted suicide, involuntary manslaughter and criminal use of a communication device in connection with the suicide of her estranged boyfriend in 2021.
Prosecutors claim Reusch sent a series of text messages and other communications to her former boyfriend, urging him to kill himself as their relationship soured.
District Judge Rebecca Tyburski presided over Reusch’s preliminary hearing in June 2023 and ordered the case held for trial. The defense claims Tyburski, prior to her election as a district judge, was a member of the prosecution team that investigated the assisted suicide allegations against Reusch in 2021 and 2022.
Tyburski was elected district judge in November 2022 and took office in early 2023.
Assistant District Attorney Adam Barr said Tyburski had a limited role in the prosecution’s investigation but stopped short of defending her decision not to recuse herself from presiding over the preliminary hearing.
“They have to show there was intentional bad faith,” Barr said.
Westmoreland County Common Pleas Judge Scott Mears said he is weighing how to consider the defense argument but suggested an alternate remedy to an outright dismissal of the case. The judge said the case could be remanded to another district judge for a second preliminary hearing.
“It was probably an innocent mistake on her part,” Mears said.
The case against Reusch is far from trial-ready. The defense this year submitted motions claiming there is insufficient evidence to support the criminal charges. Mears has yet to consider those.
The defense also is seeking to subpoena Tyburski to obtain testimony about her involvement in the investigation. Lawyers for the Administration Office of Pennsylvania Courts, representing Tyburski, have sought to quash the subpoena for both her testimony and access to her judicial records.
Mears ordered lawyers to submit written legal arguments and said he will rule on the dismissal request and subpoena issues at a later date.
Reusch remains free on $150,000 bail. No date for her trial has been scheduled.
