Pa. AG continues to oppose DNA testing that man claims will clear him of 1986 murder – PennLive

SUNBURY The state attorney general has again opposed a Northumberland County mans effort to obtain court approval for DNA testing of evidence he claims will clear him of a 1986 murder.

Deputy Attorney General Christopher J. Schmidt has asked the state Supreme Court not to accept the appeal of Scott R. Schaeffer who claims he was wrongly convicted of the murder of Rickey Wolfe.

Schaeffer, of the Sunbury area, is appealing a Superior Court ruling in October that denied as untimely a request for DNA testing.

The ruling affirmed the decision by specially assigned Lycoming County Senior Judge Dudley N. Anderson who in addition found that Schaeffer failed to make a prima facie showing the requested DNA testing would establish actual innocence.

Schaeffer wants the Supreme Court to interpret what the legislature intended when in 2018 it amended the Post-Conviction Relief Act to include those who have completed their sentences like him.

The amendment, while it permits DNA testing when there is reasonable possibility it would produce exculpatory evidence, did not change the time period in which to seek it.

It makes no sense for the legislature without overriding the timeliness requirement to allow those who have completed their sentences to seek DNA testing, Schaeffers attorney Joel Wiest argues.

Otherwise, requests like his clients would be denied as untimely, he wrote in asking the Supreme Court to accept the appeal.

Schmidt contends the high court should not accept the appeal because Schaeffer argued in lower courts his petition was timely not that the amendment altered that requirement.

Schmidt further contends the Superior Courts memorandum does not present rare, special or important reasons for granting a review.

Superior Court properly concluded Schaeffers first request for DNA testing, which he made almost 30 years after he was charged, was untimely, he said.

The opinion did not address whether Anderson erred in concluding there was no reasonable probability DNA testing would lead to evidence of actual innocence.

If the Supreme Court would be inclined to review that issue it would have to remand it to Superior Court, Schmidt claims.

The body of Wolfe, 30, of Mifflinburg, was found Dec. 12, 1986, face down in a pool of blood near his car at a state Fish Commission boat ramp along the Susquehanna River north of Montandon.

Schaeffer was one of five men charged (two were acquitted) with beating Wolfe while he was blindfolded, on his knees and with his hands secured behind him.

The prosecutions theory was Wolfe was kidnapped and beaten to death because he owed a drug debt.

Schaeffers 1991 conviction on first-degree murder and other charges and that of William Lloyd Hendricks III were vacated after co-defendant Robert Eugene Hummel said he had testified falsely under pressure from state police.

Schaeffer and Hendricks in 2004 pleaded no contest to conspiracy to commit third-degree murder and conspiracy to commit kidnapping. They were re-sentenced to 10 to 20 years in prison followed by 10 years probation. Although Schaeffer had served the minimum, he remained in jail two more years for a total of 17 before paroled.

Schmidt maintains DNA testing was available in 2004 but Schaeffer waited until 2018 to seek it.

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Pa. AG continues to oppose DNA testing that man claims will clear him of 1986 murder - PennLive