CLEARFIELD — The first week of Daniel Crispell’s Post Conviction Relief Act hearing wrapped up Thursday afternoon with the testimony of his former Arizona lawyer, his former juvenile probation officer and the former warden of the Jefferson County Jail.
Crispell, 43, is petitioning the court for relief under PCRA of his 1990 conviction of first-degree murder and subsequent death sentence.
Crispell was represented at the hearing by Victor Abreu and Billy Nolas, federal assistant public defenders. Judge John Leete of Potter County presided over the hearing.
On Oct. 26, 1989, Crispell, then 18, and Christopher Weatherhill, then 17, kidnapped Ella Brown of St. Marys at knifepoint in the parking lot of the DuBois Mall. They then drove her car to a deserted area, took her cash and jewelry and stabbed her to death before fleeing in her car. Her body was found the next day.
The two men were later apprehended in Arizona and returned to Pennsylvania.
Clay Hernandez testified on behalf of the petitioner. He testified in 1989 he was employed by the public defenders office in Pima County, Ariz., and represented Crispell upon his arrest.
He said he performed a psychological examination on Crispell which determined that he was competent to stand trial.
However, the tests also revealed that Crispell could have various psychological and neurological disorders, and could be suffering from depression. Hernandez testified that in his dealings with Crispell, he appeared withdrawn and disengaged.
He said he believed it was important that Crispell receive an additional psychological examination. Crispell was represented in Clearfield by attorney F. Cortez “Chip” Bell III, and Hernandez said he never heard back from Bell and was not sure he even received the report.
Under cross-examination by William R. Stoycos, senior deputy attorney general, Hernandez said he could not remember the details of the charges against Crispell in Arizona or if he saw the police report. According to documents presented at the hearing, Crispell allegedly knocked over an elderly woman in Tucson, Ariz., and stole her purse and admitted to committing the crime to authorities. However, the charges were later dropped.
Robert Stowman, former warden of the Jefferson County Jail, testified on behalf of the commonwealth. Stowman was the warden when Crispell was being held in the jail while awaiting trial.
He said that one day, a corrections officer notified him that Crispell’s cellmate, Donald Skinner, wanted to talk to him. He agreed. Skinner told him that Crispell was rambling on about how he killed a woman and said he was afraid Crispell would kill him, too, now that he heard his confession.
Stowman said he told Skinner that he would call the police if he wished to make a statement; Skinner told him to call. Stowman said he contacted the state police and a trooper arrived and took Skinner’s statement.
After Skinner made his statement, officers were going to take him back to his cell but Skinner begged not to be sent back, saying Crispell would kill him if he found out he talked to police. He said he agreed and had Skinner transferred to a separate cellblock.
Donald Pegg testified for the petitioner. Pegg is the retired chief juvenile probation officer in Columbia County. He testified that in 1988-89 he was Crispell’s probation supervisor.
He said Crispell had several infractions against him for stealing a vehicle and money from his family, and putting a loaded handgun up to a grocery store employee’s body and demanding to know when the safe would be opened.
As a result of the gun offense, Crispell was sent to a Youth Forestry Camp for six months.
Pegg said he knew that Crispell had signed up for the U.S. Navy under its pre-enlistment program but had been discharged. In speaking with Navy officials, Crispell had difficulties in basic training with headaches and dizzy spells. He also was in several physical confrontations with Navy personnel, had an unauthorized absence and had difficulty adjusting to the Navy authority structure. As a result, he was discharged.
Pegg said Crispell also had problems with authority when he was in Columbia County as well.
In his dealings with Crispell, he said he was surprisingly polite and non-confrontational, more so than other people in the juvenile probation system.
Both the commonwealth and the petitioners said they had no other witnesses to call this week and Leete adjourned the hearing until June 4.