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Observer-Reporter (Washington, PA)
 

October 12, 2009
Page: A1

Second Homicide Trial Upcoming

By Linda Metz, Staff writer lmetz@observer-reporter.com

 

In May 1999, two Franciscan University students were kidnapped from their Steubenville, Ohio, home, and brought to Washington County, where they were shot to death.

Now, 10 years later, one of the men accused of the execution-style murders of Brian Muha, 18, of Westerville, Ohio, and Aaron Land, 20, of Philadelphia, will again face trial and, if convicted, could receive the death penalty.

Jury selection is scheduled to begin Wednesday before Washington County Judge John DiSalle for the trial for 28-year-old Terrell Yarbrough of Pittsburgh.

This will be the second trial for Yarbrough in connection with the slayings. In 2001, an Ohio jury convicted him of first-degree murder and sentenced him to death. The Ohio jurors also convicted Yarbrough of an array of other charges including kidnapping, receiving stolen property and weapons charges, for which he was sentenced to 59 years in prison.

In December 2004, however, the Ohio Supreme Court overturned Yarbrough's murder conviction, saying there was no jurisdiction to prosecute in Ohio since the killings occurred in Washington County. The decision did not pertain to Yarbrough's other convictions.

Two years later, then-Washington County District Attorney John C. Pettit decided to charge Yarbrough and retry him here for the deaths.

Yarbrough was brought to Washington County, where he has been held pending a new trial. During his stay here, attorney Kenneth Haber has made numerous arguments in opposition to Yarbrough's prosecution, including claims that the prosecution could not seek the death penalty against Yarbrough because his IQ was low enough for him to be considered mentally disabled.

Haber's efforts were dismissed by President Judge Debbie O'Dell Seneca, who was originally slated to preside over the trial. She later reassigned the case to Senior Judge John Bell. The case was recently reassigned to DiSalle after Bell indicated he no longer wanted to handle it.

Yarbrough, along with Nathan "Boo" Herring of Steubenville, were charged shortly after the shootings. They are accused of kidnapping Muha and Land and driving them to Route 22 in Robinson Township, where they were killed.

Herring was also convicted in Ohio for the slayings. He, however, was sentenced to life in prison for the murder conviction.

Like Yarbrough, Herring's conviction was overturned by the Ohio Supreme Court. He also has been charged in Washington County but will be tried after Yarbrough.

On Thursday, Haber said that while Yarbrough faces the same homicide charge, the jury will be provided with different evidence than had been presented in the Ohio trial. Such evidence will include the fact that a possible murder weapon was found by police in a duct in a home owned by a relative of Herring after Yarbrough's trial, Haber said.

"This jury will definitely hear more than the first jury," he stated.

This will be the second death-penalty case to be tried in two months by District Attorney Steve Toprani's office.

Last month, a jury convicted Gerald L. Szakal of second-degree murder for the killing of former Carroll Township police chief Howard Springer and his wife, Nancy. The prosecution was seeking a first-degree murder conviction and the death penalty. Szakal faces a life prison sentence.

 


Copyright, 2009, Observer Publishing Company of Washington, Pa.