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Thread: Bryan Sean Galvin - Pennsylvania

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    Bryan Sean Galvin - Pennsylvania






    Facts of the Crime:

    He shot his friend Kristofer Kolesnik in the head in Reading, wrapped the body in a tarp and tried to transport the corpse in a van in January 2006.

    Galvin was sentenced to death in Berks County on September 6, 2007.

  2. #2
    Administrator Moh's Avatar
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    No. 09-8893 *** CAPITAL CASE ***
    Title:
    Bryan Sean Galvin, Petitioner
    v.
    Pennsylvania
    Docketed: February 2, 2010
    Lower Ct: Supreme Court of Pennsylvania, Middle District
    Case Nos.: (542 CAP)
    Decision Date: December 28, 2009

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Jan 26 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2010)
    Mar 3 2010 Brief of respondent Pennsylvania in opposition filed.
    Mar 3 2010 Motion to disqualify counsel filed by respondent Pennsylvania.
    Mar 15 2010 Response to motion to disqualify counsel from petitioner Bryan Sean Galvin filed. (Distributed)
    Mar 18 2010 DISTRIBUTED for Conference of April 2, 2010.
    Apr 5 2010 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/09-8893.htm

  3. #3
    Administrator Moh's Avatar
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    On April 14, 2010, Galvin filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/pen...v01647/354847/

  4. #4
    Administrator Helen's Avatar
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    Former Reading man on death row gets new trial due to serious juror misconduct

    By Stephanie Weaver
    The Reading Eagle

    A Berks County judge has awarded a former Reading man sitting on death row a new trial due to serious juror misconduct.

    President Judge Paul M. Yatron issued the opinion Monday regarding Bryan S. Galvin, who was convicted of first-degree murder and sentenced to death in 2007 in the killing of his friend, Kristofer Kolesnik, 32, of Reading.

    Yatron's decision came after a post-conviction appeal filed by Reading lawyer William C. Bispels Jr., on Galvin's behalf.

    The appeal centered around evidence that several members of the jury selected from Luzerne County discovered information about Galvin's prior criminal history in the midst of the trial.

    According to the opinion, at least one juror researched the case during the trial and discovered that Galvin had been acquitted of murder in an unrelated case. The juror also discovered and shared that Galvin assaulted a sheriff's deputy during an attempt to select a Berks County jury on the case involving Kolesnik's death.

    The opinion notes that the information the juror discovered is factual, but was prohibited from being included in the trial since it was not related to the case.

    Jurors were given strict instructions to refrain from researching the case. Yatron wrote that the information the jury learned of was inflammatory, making it difficult for the jurors to properly exercise their duties.

    “A typical juror exposed to such information would be unavoidably concerned with the idea of acquitting a violent man — one who had killed before and who could possibly kill again,” the judge said in the opinion.

    Bispels praised the judge for the ruling.

    “It's the right decision because the juror misconduct was so blatant,” Bispels said.

    “We all know President Judge Yatron is a law-and-order guy,” he added. “I'm sure it pained him to make this decision, but I really give him credit because the law was clear.”

    The case on trial involved testimony that Galvin shot Kolesnik in the head Jan. 30, 2006 and then put his body in a van. He was on his way to dump the body when police stopped him in Kenhorst for driving at night without his headlights on.

    Prosecutors were not allowed to mention that Galvin was accused of killing another friend, Todd Heck, in 1991. After three trials on that case, Galvin was acquitted of the charges in May 1999.

    Counsel attempted to select a jury for the Kolesnik murder case within Berks County, but was unable to because of extensive pretrial publicity.

    A jury was eventually selected from Luzerne County on July 30, 2007. The jury convicted Galvin of first-degree murder on Aug. 10, 2007 and imposed the death penalty on Aug. 13, 2007. Yatron sentenced Galvin to death on Sept. 6, 2007.

    Attorneys representing Galvin interviewed several jurors in 2012 and secured statements from three of them admitting that they knew of Galvin's criminal history during deliberations.

    One of the jurors said another juror told them during the bus ride between Luzerne and Berks counties that she had investigated Galvin online and that he had gotten away with another murder involving a turkey knife.

    The juror said the panel felt the evidence for Galvin's guilt was strong, however, she had been in favor of a sentence of life without parole, not the death penalty.

    “Although I was a hold-out for life, learning about his prior murder helped convince me to go along with death,” she wrote in the statement.

    A second juror stated that he also heard another juror stating she had “looked up Galvin.” He said she mentioned he had fought a constable and stabbed someone with a turkey fork.

    A hearing on the appeal was held before Yatron Jan. 15, 2014 and included testimony from several jurors. The juror that allegedly researched Galvin claimed she only learned of his past after the trial, but the other two jurors that gave statements testified they heard about it from her during the trial.

    The case is being handled by the Attorney General's Office due to a conflict of interest with the Berks County District Attorney's Office. Former District Attorney Mark C. Baldwin was the prosecutor during the 2007 trial.

    J.J. Abbott, a spokesman for the Attorney General's Office, said his office is still reviewing Yatron's opinion and declined to comment further.

    http://readingeagle.com/news/article...ror-misconduct
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #5
    Moderator MRBAM's Avatar
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    God forbid anyone finds out that a violent murdering career criminal REALLY IS a violent murdering career criminal.

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    Senior Member CnCP Addict maybeacomedian's Avatar
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    You're right, Mr. Bam!

    Gahhh! Reversal due to juror misconduct is so frustrating!!

  7. #7
    Administrator Helen's Avatar
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    State drops death penalty against former Reading man

    By Stephanie Weaver
    Reading Eagle

    Prosecutors from the state Attorney General's office will no longer seek the death penalty against a former Reading man who was previously on death row for a January 2006 murder.

    Deputy Attorney General Rebecca S. Franz filed a motion last week indicating her office would drop the death penalty against Brian S. Galvin, 52.

    Galvin was originally convicted of first-degree murder and sentenced to death in the killing of his friend Kristofer Kolesnik, 32, of Reading, on Jan. 30, 2006. However, Galvin was awarded a new trial in September 2014 due to serious juror misconduct during his first trial over evidence that several members of the jury discovered information about Galvin's prior criminal history in the midst of the trial.

    Prosecutors kept the death penalty attached to the case when it was revived, but will now proceed without it. The case awaits rulings from President Judge Paul M. Yatron on several pretrial issues.

    Authorities allege Galvin shot Kolesnik in the head Jan. 30, 2006, and then put his body in a van. He was on his way to dump the body when police stopped him in Kenhorst for driving at night without his headlights on.

    http://www.readingeagle.com/news/art...er-reading-man
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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