March 8, 2018
Mathew Morales was granted his Evidentiary Hearing in Lancaster, PA on March 8, 2018. He stood before Judge Donald R. Totaro, as well as his PCRA attorney Vincent Quinn, the D.A of Lancaster, PA and the support of his family. For those who may not know what an Evidentiary Hearing is, it is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. Meaning, relating to, providing, or constituting evidence for a new trail. Morales's attorney Mr. Quinn presented all of the issues and faults that occurred at his first trial in 2015 leading up to his wrongful conviction. Mr. Quinn presented the following issues, when Morales was on trial, the D.A as well as Judge Totaro spoke about Morales's tattoo that he got when he was 19 years old that states "Respect Few Fear None" NUMEROUS times and stated that that SPECIFIC tattoo defines Morales's "attitude" (not taking any notice of the praying hands he has tattooed on his chest or Jesus carrying the cross tattooed on his arm) while Morales's previous lawyer Edwin Pfursich NEVER objected to these inflammatory statements.
It was also brought to everyone's attention that Mr. Pfursich, Morales's trial lawyer for the 2015 trial had an agreement with Morales that he was going to hire a forensic reconstruction expert by the name of Frank Costanzo. However, Mr. Costanzo was never hired as a witness for the case. When Mr. Pfursich was asked why Mr. Costanzo was not brought in to testify, he replied that he "felt" that Mr. Costanzo's testimony would hurt thier case and give the D.A a chance to cross examine him. Mr. Phfursich NEVER spoke about this with Morales, his client at the time of trial. Mr. Costanzo also stated that he has NO IDEA how Sgt. Jeffrey Jones of Manheim Township police a forensic reconstruction expert concluded the victim's walking speed on the night in question. Mark Fetterman used Sgt. Jones in the 2015 trial. Sgt. Jones testified that he calculated Garriga's walking pace and that the night in question the victim kept the same walking pace the whole time that was calculated when he was walking away from Turkey Hill up New Holland Ave. From there, Jones measured the distance between the last point on Turkey Hill's camera to where he was shot and factored to determine a timeline. Mr. Costanzo concluded there was no way Sgt. Jones could have the mathematical conclusion of labeling Morales as the shooter in this case. Mr. Costanzo stated that when you are incoherent from intoxication, your walking steps and the speed that you are walking are NOT going to be consistent. Mr. Costanzo also stated that he has no idea how Sgt. Jones came up with his conclusion. Frank Costanzo had the same conclusion since 2015 when the case was first brought to his attention and Edwin Pfursich knew that and yet, HE chose to NOT use Costanzo on Morales's behalf. Mr. Pfursich took it upon HIMSELF to disregard "his client", Morales, and their initial agreement and Mr. Pfursich decided it was best to just cross examine the common wealth's expert, Sgt. Jones, instead of using Mr. Costanzo's testimony that would have refuted the authenticity of Sgt. Jones evidence which would have determined a different verdict. Morales was never aware of this until the middle of his 2015 trial. We have documents stating that Mr. Pfursich requested funds from the court for Mr. Costanzo to appear and they were granted, yet, he was never called to the stand. We are currently awaiting for the decision if Morales will be granted a re-trial or god willing freed from all charges! No matter what the decision is, we will keep going forward and we will continue to take the higher steps that we need to to prove Morales's innocence. The city of Lancaster, PA had suffered 6 homicide cases in the Summer of 2014 and none were solved at the time of Morales's case. The court system simply made an "example" out of Morales. They picked Morales and made their case around him!