The lawyer for Robert Weiss, who was convicted of homicide back in 1978, has filed a notice for appeal with Superior Court.
A certificate of service was filed last Friday by Malcolm Taylor, Weiss’ attorney. He was charged for the 1978 murder of 16-year-old Barbara Bruzda. Last year, the guilty verdict against Weiss was overturned by Federal Judge Mark Hornak, who cited “prosecutorial misconduct” by the state Attorney General’s office concerning two witnesses during the original trial. As soon as Weiss was released, he was re-arrested on August 1st. Hornak wrote that having a re-trial would be problematic because of double jeopardy laws.
In August, Indiana County Judge Thomas Bianco denied a motion to dismiss the case against Weiss. That ruling would later be amended in September, saying that the dismissal was still denied, but he added that he was “of an opinion that such order involves a controlling question of law as to which there is a substantial ground for difference of opinion.”
