Susquehanna County Blog

In the final phase of his second murder trial in Montrose, convicted murderer Stephen Scher was sentenced to life in prison.  Scher was convicted of the 1976 killing of Martin Dillon, an attorney in Montrose.  He was also ordered to pay court costs, etc.  Although it has been established that Scher is indigent, it appears the thought may be that if he were to come into money at some point or if there is a life insurance policy, a portion or all of the proceeds could be used to satisfy this demand. 

 Scher, of course has the right of appeal.  It is not known at this time whether he will excercise this option.

Around 3PM  (3-13-2008) in Montrose, the Jury announced their decision, finding Stephen Scher Guilty of First Degree Murder of Martin Dillon in 1976.

 No doubt there will be an appeal - as one should do who has been convicted of Murder.  The question will be “how far will the appeal(s) go?”  Does the Convicted have the stomach and the will to continue?  As he has been declared without sufficient funds to defend himself, the taxpayers will continue footing the bill. 

This writer attended portions of the first trial.  To say the proceeding was bordering on being a circus is not stretching the matter too far.  At least 10 times during my attendance, the members of the public attending the trial laughed out loud at statements being made.  It actually reminded me of a laugh track on a sitcom.  Each time, Scher’s attorney would move for a mis-trial and each time Judge Seamans admonished the audience, telling them not to do it again.  Disregarding what was said, the laughter had to influence the Jury’s opinion of the testimony.  It was not a shining example of the Justice system.  Or maybe it was.  This is Susquehanna County and feelings and prejudices have been known to run very deep.  This may have something to do (at least the at time of the first trial) with more than a few skeletons rattling around in local closets. 

Of course, Scher really didn’t help himself from the onset when he was shown on a local television station carrying a  Bible (I believe at the time of his arraignment); Scher is a Jew.  This area has a significant number of people who are deeply devout Christians, who didn’t appreciate that at all. 

Later on when he recanted his story about the porcupine, most people believe he really destroyed his credibility. 

 In any event, porcupine or not, Scher was found guilty in the first trial.  Of course there was an appeal, which this writer believes was at least partially based on the attending public and Judge Seamans actions, causing the second trial which just concluded.  Of course a change of venue was petitioned for by Scher’s attorney, but it was not granted. 

 Since this writer did not attend any portion of the second trial, no comment will be made as to procedure, etc.  Suffice to say, he was found guilty. 

 One interesting aside, another well known murder case (in New Jersey) involving Rubin (Hurricane) Carter, a professional boxer who was convicted twice of murder which occurred June 17, 1966.  The first conviction was in 1967.  Carter always maintained his innocence.  Through the efforts of many, including Bob Dylan who wrote a song about the event, Carter got a second trial in 1976.  Carter and a co-defendant were again sentenced to life in prison.  Carter’s defense continued to appeal on various grounds.  In 1982 the NJ Supreme court acknowledged that the prosecution had withheld evidence, but upheld the conviction 4-3.  In 1985 Carter filed a writ of Habeas Corpus in federal court, a move which is rarely successful.  Various appeals ensued from both sides with the prosecutors winding up with the US Supreme Court, which declined to grant certioari (which means “to be searched or to make certain”)  to the case.  The ruling left prosecutors with the option of trying the case a Third time or dismissing the charges. 

In 1988, prosecutors filed to dismiss the original indictments saying “It is just not legally feasible to sustain a prosecution, and not practical after almost 22 years to be trying anyone.”

 Although many differences exist between the two cases, the prosecutor’s comment was interesting.  Thus, many questions are raised.  Can a man actually get a fair trial after so many years, when the original prosecution was 20 years in the making?  How about 32 years later, when a significant number of witnesess deceased?  What happened to Scher’s marriage to Dillon’s widow?  It was brought out that they are divorced.

Please make no mistake, the writer is in NO WAY advocating on behalf of Stephen Scher.  He was found Guilty of Murder - twice.  These comments should be thought of as a layperson’s questions of the judicial system, both here and other places as well as our own actions as the general public.

Have we heard the last of Stephen Scher?  Probably not.  Probably there will be appeals.  However, it is apparent from various media pictures, that time is catching up with him.  Even if he mounts a succesful appeal,  will he be around to enjoy it?

 Your thoughts.

Readers of this blog may have noticed that there has been nothing to this point (other than noting the start date of the trial) on the retrial of Stephen Scher.  The reason for this is not to become a part of the media feeding frenzy and let the events continue on their natural course. 

By all appearances, this trial does not have the appeal the first one did - although a man is on trial for his life.  It is expected that the closing arguments will be completed by the end of the week. 

This writer offers no opinion as to the innocence or guilt of Stephen Scher at this time, only thanks that this country’s judicial system is set up to attempt to be sure the accused gets a fair trial. 

Depending on the outcome, there may be appeals - from either side. 

After the jury has rendered it’s verdict there can and should be a discussion here.  Until then, let Judge Henry and the Jurors do their job.