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Man convicted of killing 3 Pittsburgh officers blames ineffective defense in appeal

PITTSBURGH — A man convicted in 2011 of killing three Pittsburgh police officers blames his defense for his death penalty sentence in a 144-page appeal that he filed himself under the Post-Conviction Relief Act.

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Richard Poplawski appeared in court Thursday to seek a retrial, placing his scheduled execution in March on hold.

“He seems to be in relatively good spirits for someone who is expected to be executed in two and a half weeks,” Owen Seman, Poplawski’s defense attorney, said.

Channel 11 News obtained a copy of Poplawski’s appeal, in which he lays out 16 examples of how he believes his defense was ineffective.

He mentions opening remarks, which included terms like “fallen hero,” “father” and “husband,” saying they were designed to get sympathy from the jury.

“This commentary at the very outset of the trial set the stage for a series of impassioned appeals to the sympathies of the jury,” Poplawski wrote.

He also mentioned the term “dog” being used to describe him, which he believes deprived him of a fair sentence.

In his appeal, he includes a quote from the Commonwealth: “Richard Poplawski got a taste, and he liked it. He’s like a dog that’s bitten once and will bite again, and he did that day.”

Poplawski goes on to state that because the trial counsel didn’t intervene or object to the state’s remarks, which were designed to mislead the jury, his defense helped the prosecution, and that is what led the jury to their decision of the death sentence.

Channel 11 News reached out to attorney William Brennan, who represented Poplawski in his 2011 trial.

Brennan did not want to make a comment Wednesday night regarding his client’s appeal without reading it, but he said he would be intrigued to see what the allegations are as far as what he did or did not do in representing Poplawski.

Poplawski now has new attorneys who will take on his case.

“We have seen his petition. We read through it. That's what we will be spending a lot of time (on) over the next couple of months, going through all the issues he has raised,” Seman said.

WPXI’s legal expert Phil DiLucente said he believes Poplawski’s chance for a new trial is slim to none because the evidence in the case is what led to his conviction.

“He is grasping at thin air on this maneuver,” DiLucente said. “This was one of the most overwhelming trials of evidence in recent Pittsburgh history. His attempts are a last-ditch effort, and I think they will fail.”

Poplawski’s defense attorneys have until May 20 to file amendments to his petition.

 
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