Bryner defense files new motion

Trial date has yet to be set for murder case

By Kiernan M. Schalk, Sentinel reporter, kschalk@lewistownsentinel.com
LEWISTOWN — Mifflin County District Attorney Steve Snook said a motion to reconsider a previously denied suppression motion, filed by the defense attorney representing a man charged with murdering his former girlfriend, is “worthless and lacks merit.”

According to court documents, Scott A. Bryner is charged with killing his former girlfriend, Carlene Rhodes, on May 23, 2005.

At a previous hearing held in January to address the suppression motion in question, Defense Attorney Thomas K. Hooper said that statements allegedly made by Bryner were “not legally obtained” and should be excluded as evidence.

During that same hearing, Snook called two witnesses to challenge that theory. Both witnesses said Bryner waived his Miranda rights and chose to speak to police on the day of the incident.

Pennsylvania State Police Trooper David Clemens and retired state police Cpl. Philip Rickert said Bryner willingly spoke with police, and at no time did he ask to stop the interview or make a request to have an attorney present.

The officers further stated that Bryner denied he had anything to do with Rhodes’ death.

While cross examining Clemens during this hearing, Hooper said Bryner was interrupted several times when attempting to ask questions about the Miranda waiver and contends that his client did not understand the waiver he signed.

On May 9, Judge Rick Williams entered an order denying the defenses motion to suppress the oral and written statements made by Bryner on May 23, 2005, court documents indicate.

In addition, on May 13, President Judge Timothy S. Searer issued a mixed order on a separate motion to quash a warrant and suppress physical evidence pertaining to the case, court documents indicate. A motion to reconsider that ruling has not been filed.

Searer reviewed this motion and issued the order because the search warrant for Bryner on the night of the alleged incident was issued by Williams when he was a magisterial district judge, which was a potential conflict of interest for Williams, documents indicate.

Searer ruled that the search warrant obtained on May 23 for Bryner was “supported by the affidavit of probable cause and is stated with particularity so as to be valid,” court documents state.

In addition, the order also states that the “evidence regarding the chemical analysis of fluids, specifically blood and urine, obtained from the defendant pursuant to the search warrant was properly obtained and is admissible;” however, the diagnostic testing performed at Lewistown Hospital at the direction of the treating physician is not admissible as part of the Commonwealth’s case.

Charges against Bryner were not filed in the case until October 2006, at which time the defendant allegedly fled from authorities into the mountainous woods surrounding Wellsboro, Tioga County, after police attempted to arrest him.

Bryner worked in the Wellsboro area, and was not in Mifflin or Juniata counties when police attempted to serve their arrest warrant, police said.

Bryner was apprehended in Juniata County on Nov. 30, 2006.

According to court documents, in May 2005, Bryner told police Rhodes died after a motorcycle crash. Bryner later said she jumped from the bike as he was driving down the street, police said.

In an affidavit filed against Bryner, his relatives indicate he told them Rhodes had jumped into the Juniata River.

Pending further court action, Bryner remains in the Mifflin County Correctional Facility in lieu of $500,000 bail. A trial date has not been scheduled.

Attempts to contact the lead defense attorney in the case, James M. McClure, were unsuccessful on Tuesday.