A – 1
Petition for Post Conviction Collateral Relief
To the court of Common Pleas, Lackawanna County,
Before you is Thomas S. Gervasi, Pro Se Petitioner, an innocent man, falsely accused and wrongfully convicted primarily, but not exclusively due to, ineffective assistance of counsel, seeking relief.Petitioner requests, and this complex case demands, immediate release so as to effectively depose witnesses, review files, investigate issues and organize case for necessary evidentiary hearing. Petitioner is presently serving the fourth year of a five to eleven year sentence at: PA SCI Smithfield, Box 999/1120 Pike St, Huntingdon PA 16652.
1. Trial attorney failed to object or demand a “Frye” hearing on expert status of Trooper Andress, PSP, and the hypothetical theory on how the fire started. This was highly prejudicial to the petitioner and offered to the jury as proof by both prosecution and court. (Trial transcript, Day five, Dec 19, 2011, pg 76 line 12 and pg 80 line 5.) Exhibits II & III
2. Trial Attorney failed to object to Trooper Andress’ testimony (Day five, Dec 19, 2011), ask the court to strike his prior testimony (Day 4, Dec 2011), and prevent the further testimony of Detective Monahan, SPD, after they both viewed the scene, without my permission, during the trial, in the presence of Judge and Prosecutor, despite petitioner’s instruction to place the objection and move to strike. Trial attorney’s remark was “Don’t worry, they can’t convict you. They have no evidence”.