PHILADELPHIA (PA)
Big Trial
By Ralph Cipriano
for Bigtrial.net
The state Superior Court has turned down Bernard Shero’s request for a new trial.
In a 36-page decision posted online today, a panel of three Superior Court judges ruled that seven appeals issues raised by Shero at a hearing last Oct. 28th “are either waived or devoid of merit.”
In their decision, the Superior Court judges affirmed the June 12, 2013 sentence imposed on Shero by Judge Ellen Ceisler. The judge sentenced Shero, 51, to 8 to 16 years in jail after he was convicted by a jury of rape of a child, attempted rape, involuntary deviate sexual intercourse with a child, endangering the welfare of a child, corruption of a minor, and indecent assault.
In its decision, the Superior Court judges did not address the appeal filed on behalf of Shero’s co-defendant, Father Charles Engelhardt, except in a footnote to say that the priest’s case is “currently pending before this court.” Judge Ceisler sentenced Father Engelhardt to 6 to 12 years in jail after being convicted of endangering the welfare of a child, corruption of a minor and indecent assault.
The 67-year-old priest died in prison last November. In spite of his client’s death, defense lawyer Michael J. McGovern, and Engelhardt’s religious order, the Oblates of St. Francis de Sales, had vowed to continue the appeal, to clear the priest’s name. But the courts aren’t bound by such sentiments. When an appellant dies, a court can decide that since there’s no longer any controversy, the appeal is “abated.”
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