Posted on Wed, Mar. 09, 2005

Fishtown defense seeks lesser counts
source: http://www.philly.com/mld/inquirer/11085350.htm

Attorneys for the three teenagers argued for no more than third-degree murder, saying Justina Morley was just as guilty.

By Jacqueline Soteropoulos
Inquirer Staff Writer

Defense attorneys yesterday argued that three Fishtown teens accused of beating to death their friend deserve convictions on no more than third-degree murder - sparing them life in prison - because their actions were no worse than those of the girl who lured 16-year-old Jason Sweeney to his death.

Today, the jury is to begin deliberating the fates of Domenic Coia, 19, his brother, Nicholas Coia, 18, and Edward Batzig Jr., 18. The three are standing trial together as adults, and if convicted of either first-degree or second-degree murder in the May 2003 killing, they face life in prison without parole.

If the Common Pleas Court jury convicts them of third-degree murder, they face 20 to 40 years, plus additional time for the crimes of conspiracy, robbery, and possessing an instrument of crime.

Justina Morley, 17, pleaded guilty to third-degree murder, and in exchange for her testimony last week against the others will be sentenced to 17-1/2 to 35 years in prison.

Assistant District Attorney Jude Conroy called his arrangement with Morley "a deal with the devil."

"We get one shot to give the Sweeney family justice... . We had to broker a deal with someone. Because without that, we wouldn't know exactly what happened."

Sweeney's parents, Dawn and Paul Sweeney, wept openly as Conroy described how the teen's face was beaten until he was unrecognizable. Morley has testified that Batzig struck him with a hatchet, Domenic Coia beat him with a hammer, and Nicholas Coia hit him with a rock.

"Here's a real window into their souls," Conroy told the jury. "As he lay there, they took his money and had a group hug!... They're celebratory!"

Morley, Conroy added, "belongs in jail for the rest of her life, but that is the price we pay."

She was only a pawn in the deadly plan of Batzig and the Coia brothers, Conroy said, adding that attempts to portray Morley as the mastermind were "absurd."

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What would you expect a criminal defense attorney to argue?

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Resident of Fishtown, Moderator of Fish/No. Libs/Kenzo forum, Real Estate Agent-Prudential Fox & Roach

"She did it! She did it! My clients are innocent!" :shock:

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Not from a legal perspective but a a gut level reaction - Morley is a twisted, sick young woman and at least a co-conspirator. She did not pick up a rock or hammer herself so the D.A. did the right thing getting her to testify against the other 3. Not a single one of those even once said "This is ridiculous - let's just take his money and let him live" much less a simple "Dude, this isn't funny. I am not cool with this plan." I honestly hope all three get life.

It's a sad shame the SCOTUS shot down death penalties for juveniles. This is one case where I would fully support it beyond doubt.

Another case involved the brother of a friend from elementary school. Raymond Gray's older brother, who for the life of me I can't recall his name, was murdered by "friends" from school in Fairmount Park back in the early-to-mid '70s. It was before '76. They were cutting school that day. Once at the park, they tossed something in the water and he jumped in after it. When he surfaced, they began pelting him with rocks. His face, from what I was told by his family, was unrecognizable when his body was recovered.

Sick *&^%$#$ like this do not deserve prison. They do not deserve protection. They do not deserve ... anything humane. I'm shutting up.

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| "When you choose your friends, don't get
| short-changed by choosing personality
| over character." ... - W. Somerset Maugham
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