SMETHPORT – An accused arsonist has rejected a plea agreement
for charges in his case and has asked Judge John Yoder to assign
him a new lawyer.
On Thursday in McKean County Court, the attorney for Terry
Bornheimer, 19, of Emporium, said his client had decided to reject
a proposed plea agreement.
Public Defender Ron Langella explained, “I had met with Mr.
Bornheimer extensively at the jail. We reviewed a proposed plea
agreement.”
He said Bornheimer is facing a substantial state sentence
because of the severity of the charges, and decided he wanted more
time to consider the agreement. However, on Thursday, Bornheimer
rejected it.
“The plea agreement offered less than the mandatory (sentence)
on several of the charges,” said District Attorney John Pavlock. “I
withdraw any plea offers already made. There will be no more
offered. The case will be listed for trial.”
“I want to ask for a different court appointed attorney,”
Bornheimer said, addressing Yoder. “I feel I have been represented
wrong.”
“You are entitled to an attorney of your choosing if you pay for
one,” Yoder responded. He explained a court appointment cannot be
hand-picked by the defendant, and that there must be a clear and
convincing reason why the attorney cannot continue his
representation.
“Differences of opinion do not qualify,” Yoder said. He added
that if Bornheimer makes the petition for another attorney and the
court finds no reason why one should be appointed, “You will
represent yourself at trial with standby counsel.”
Bornheimer is charged with arson endangering persons, four
counts of arson endangering property, three counts of criminal
mischief, criminal solicitation of arson and liability for conduct
of another.
He and his mother, Debra Miczo, are charged with intentionally
setting fire to a home Miczo owned at 170 Kennedy St. in Bradford
on Aug. 10. The fire spread to homes at 166, 174 and 176 Kennedy
St., destroying all the houses and displacing 11 people.
Miczo was also scheduled for a last day to plead on Thursday.
Her attorney, H.B. Fink, said her case is scheduled for trial.
