Washington County man wants conviction overturned for 2013 Donegal murder

A Washington County man said in court on Thursday he was coerced by his former defense attorney to not testify in his 2015 murder trial and now wants his conviction of first-degree murder overturned.

Michael Martin, 46, contends he was the victim of a poorly conceived defense by a lawyer who dictated that he not tell jurors his version of events that led to the Aug. 8, 2013, stabbing death of his 67-year-old father-in-law.

Westmoreland County prosecutors contended Martin, who is serving a life prison sentence, lured Earl Weygandt from his Donegal Township home to a car parked along a secluded section of Route 31 under the guise of needing help for a broken down vehicle. While there, police say, Martin stabbed Weygandt to death.

Prosecutors claimed Weygandt had recently stopped giving financial support to Martin and his wife, who lived in Fallowfield Township.

Former defense attorney Brian Aston argued at trial that Weygandt was killed after he threatened Martin with a gun.

In court on Thursday, Martin, who is acting as his own lawyer for the appeal, contended Aston scared him from testifying by suggesting he would not hold up to questioning from prosecutors during the trial.

Aston denied the allegations and testified it was Martin’s decision, after receiving advice from his lawyer, to not take the witness stand.

Martin also contends in his appeal that his defense should not have focused on self-defense and instead relied upon witness testimony that suggested the killing of Weygandt was the result of diminished capacity from consuming $150 worth of crack cocaine hours before the murder.

“My belief, I was under the influence when that man tried to kill me,” Martin said.

Aston testified Martin’s trial defense was based on a videotaped confession jurors watched during the trial. Martin, in the confession, at first denied any involvement in the murder and, after about an hour of questioning by police, changed his story to suggest self defense.

Aston said the evidence supported the self-defense theory and that a diminished capacity argument could not be supported.

“How many people take a knife to a gun fight and win, that was your defense,” Aston testified.

Martin is serving as his own lawyer after he fired two-court appointed attorneys who failed to find any grounds for a further appeal of his conviction.

Common Pleas Court Judge Christopher Feliciani ordered Martin and District Attorney John Peck file written legal arguments and said he would issue a ruling at a later date.