DA unleashes case on Frein

By Nathan Mayberg
MILFORD, pa. — For the first time, Eric Frein stood in court on Monday with legal representation as the prosecution hurled its case against the man accused of gunning down two Pennsylvania State Troopers in cold blood, one of them fatally.

Judge Shannon Muir ordered Frein to stand trial on murder and terrorism charges relating to the shootings and the subsequent 48-day manhunt in which explosives were allegedly found and writings indicating the act was premeditated.

Frein is accused of killing State Police Cpl. Bryon Dickson and critically wounding Trooper Alex Douglass in an ambush outside the Blooming Grove State Police barracks in Pike County on the evening of Sept. 12.

The shootings sparked a manhunt that involved all manners of local, state and federal law enforcement throughout Pike County and neighboring Monroe County.

Frein was captured by U.S. Marshals on Oct. 30 outside an airport hangar at the former Birchwood Resort in Tannersville in Pocono Township, about 30 miles from the scene of the crime.

Frein's case will next proceed to an arraignment at the Court of Common Pleas, which Pike County District Attorney Raymond Tonkin expects to occur later this month in front of a new judge. At that time, Frein will enter a plea. While he was preliminary arraigned on Oct. 31, Frein did not have legal representation at the time.

On Monday, prosecutors showed video of the shooting outside the barracks, which occurred at about 11 p.m on Sept. 12.

The video appeared to show Dickson collapsing onto the pavement after being struck with two gunshot wounds after exiting the lobby of the barracks.

Douglass was shown dropping to the ground after coming to Dickson's aid. The video appeared to show him crawling back to the lobby of the barracks after suffering a gunshot wound to the pelvis.

The video, as described by State Police Cpl. Warren Grabher and shown on a courtroom screen, also appeared to show one female trooper who left the barracks shortly before Dickson, who was not shot. Another female trooper, Nicole Palmer, who came to Dickson's aid, was not shot either though state police uncovered projectiles that hit the building.

Prosecutors gave glimpses of pictures showing two rifles found in the airport hangar that allegedly belonged to Frein. A pistol and improvised explosive devices left behind by Frein were also allegedly found.

Frein's court-appointed attorneys, William Ruzzo and Michael Weinstein said relatively little during an approximately four-hour hearing dominated by Tonkin and First Assistant District Attorney Bruce DeSarro.

The prosecution brought forth more than half a dozen witnesses and experts, including numerous state troopers, an ATF agent and the U.S. Marshall who helped capture Frein.

Ruzzo handled all of the speaking for the defense, which was limited to a few minor objections and questioning of a few of the witnesses. Neither attorney presented any evidence or called any witnesses of their own.

Several witnesses were not cross-examined.

Ruzzo was appointed last month by Muir to replace chief public defender Robert Bernathy, who asked to be recused as counsel due to his role as public defender and unspecified conflicts of interest.

Asked why he had not challenged any evidence and made few statements, Ruzzo said "they've (prosecutors) presented enough evidence" to go to trial on all of the charges.

"They didn't establish guilt beyond a reasonable doubt," Ruzzo said.

Tonkin was questioned by one reporter as to why he chose to lay out as much evidence as he did this early.

Among the key pieces of evidence presented by the prosecution were letters allegedly written by Frein that describe the shootings, his subsequent escape and a desire to spark a revolution through the shootings.

One of the letters was handwritten on three pieces of dirty notebook paper with some passages illegible, State Trooper James Hitchcock said.

In the letter, Frein allegedly details how he drove his car into the swamp by accident while driving away from the shootings, Hitchcock said. Frein allegedly wrote that he stashed away an AK-47.

The reading of the first letter was objected to by Ruzzo, though he did not indicate a reason, and was overruled by Muir.

State Police Cpl. Derek Fozard read the second letter, which was allegedly found on Frein's computer in the airport hangar. The reading of the letter was not objected to by Ruzzo, who didn't question the finding.

In the letter, Frein allegedly wrote to his parents that "our nation is far from what it was and what it should be."

The letter speaks of "depressing changes" in the country and calls for a revolution.

"I am so sorry," Frein allegedly tells his parents in the letter. "You guys are great parents. I am just not a good man."

The letter also bemoans squandered opportunities by the writer.

Frein, who was handcuffed and shackled for the entire proceedings, appeared to follow the hearing attentively though never speaking with his attorneys. At one point, he leaned over to speak briefly with Louise Luck, the court-appointed mitigation specialist.

Ruzzo asked several questions of U.S. Marshal John Schaff, who described how Frein was captured at the Birchwood-Pocono Airpark in Tannersville.

Ruzzo questioned Schaff as to how Frein developed a cut on his nose. Frein appeared at his preliminary arraignment one day after his capture with a bloody gash on his nose and a major bruise on his forehead. The injuries were also shown in his booking photo

Schaff said he noticed "a scratch" on Frein after the suspect was taken down on the pavement by U.S. Marshall Scott Malkowski, handcuffed by Schaff and ordered face first into the pavement near the airport hangar and told to roll over.

"I do find that there is sufficient evidence for each and every element" of the case, said Muir at the end of the proceedings, forwarding the case to the Court of Common Pleas.

Asked about the condition of Douglass, State Police Lt. Col. George Bivens said outside the courthouse that "Trooper Douglass is doing remarkably well. He still has a very long road to recovery ahead of him. He has some surgeries in his future but his spirits are very upbeat and I would characterize him as anxious at some point to try and return to work."

Ruzzo said he doesn't expect the trial to begin for several months.

Tonkin reiterated after Monday's hearing that he is seeking the death penalty against Frein. Tonkin said it is too early to speak with Frein's attorneys about a plea deal.

Reporter Nathan Mayberg can be reached at 845-469-9000 ext. 359 or by email at comm.reporter@strausnews.com