A photograph of Rochelle K. Laudenslager being led into court for a preliminary hearing in the case against her for the murder of Elaine Pierson in late December 2006. The photo appeared in the Carlisle Sentinel on March 8, 2007.
In early January, 2007, the community of Gratz, Dauphin County, Pennsylvania, was rocked by the arrest of Rochelle Laudenslager, who was raised there and had graduated from Upper Dauphin Area High School in the 1970s. She was charged with the first-degree murder of Elaine Pierson, whose body was found in a ditch in Perry County. The murder weapon was found hidden in the attic of Laudenslager’s mother’s house in Gratz. Prosecutors sought the death penalty because evidence showed that Pierson was subjected to torture in the process of being killed by Laudenslager. The story that came out over time was that Laudenslager and Pierson were former lovers and that Laudenslager was trying to get back together with Pierson, but Pierson was already in a relationship with another woman.
In a nine-part series of blog posts, the story of the murder, the investigation, the charges, and the eventual sentencing is told as it appeared in the pages of the Carlisle Sentinel. Because of the pain caused to Pierson’s many friends and neighbors as well as the recency of the crime, their names have been omitted from the story.
At the present time, Rochelle Laudenslager has served about half of the minimum of her 30 to 60 year sentence in state prison.
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Part 7 – Preparation for Trial
From the Carlisle Sentinel, April 15, 2007:
DEATH PENALTY CASE TOUGH FIGHT
By Tatliana Zarnowski, Sentinel Reporter
It will take teams of records, hours upon hours of preparation and two teams of attorneys to bring Rochelle Laudenslager‘s case to trial as a death penalty case.
Potential jurors will be asked a ton of questions, from their views on the death penalty to possibly even their religion.
Laudenslager’s defense attorney, George Matangos, has already said publicity on the case will make getting a fair trial for his client difficult.
He may ask Judge Joseph Rehkamp for a change of venue — to pick the trial up and take it to another county — to a change of venire — to bring jurors from elsewhere to Perry County.
Deciding whether to ask for a change of venue or a change of venire depends on how much publicity about the killing of Elaine Pierson and Laudenslager’s arrest has preceded the trial.
The defense is most likely to ask a judge to move a trial in a death penalty case, says Cumberland County Chief Public Defender Taylor Andrews. The relatively low crime rate here makes each death penalty case a media feeding frenzy, he notes.
“If you’re a member of the public in Philadelphia, you wouldn’t know what death penalty cases are going on at that time,” Andrews says.
But defense attorney Hubert Gilroy, who has tried two death penalty cases, says he didn’t request a change of venire or venue and doesn’t think it’s always necessary to weed out everyone who has heard of the case.
“Just because somebody knows (of the case) doesn’t mean they’ve prejudged the case.”
But a well-publicized confession or the trial of someone who is well-known in the community would prompt him to seek an outside jury, Gilroy says.
If Marangos does apply for an outside jury and Rehkamp says OK, the state Supreme Court will select the county. “They do send you a different media market,” Andrews says.
‘Death Qualified’ Jurors
No matter where jurors come from, they all must be able to impose the death penalty to serve on the jury, or be “death qualified.”
Questioning of jurors for death penalty cases happens once at a time instead of as a group so potential jurors don’t hear the questions ahead of time, says Carlsile lawyer Greg Albeln.
Jurors also are asked about their own backgrounds and their perception about crime in their neighborhoods, adds Albeln, who has a whole check list of traits he goes through in determining which jurors he thinks would best serve the interests of the defense in a death penalty case.
Assembling the Team
Most defense attorneys like to have at least two or even three attorneys on their team. Andrews recommends having one attorney for each part of the trial — one to ask that the jury acquit the defendant, and another for the penalty phase of the trial where the jury decides whether to give the person the death penalty or life in prison.
A “supporting attorney” who can leave the courtroom to research something at the last minute or can retrieve things is also helpful, Andrews says.
Matangos expects to have several hired experts to deal with specific issues. “We would hire a specific expert that would delve into all the areas,” he says.
He plans to hire “at least one or two psychiatric experts” and an attorney who can deal with death penalty issues. “Other than that, it’s too early to say.”
The Perry County District Attorney’s office may employ all three of its attorneys on the Laudenslager case, District Attorney Chad Cherot says.
Chenot’s First
Laudenslager’s trial will be Chenot’s first death penalty case, although he has tried first degree murder cases where he has not sought the death penalty. He has worked for the district attorney’s office since 1993 and has been DA for three years.
If a jury returns a guilty verdict on first degree murder, jurors then have to weigh aggravating circumstances from the prosecutors and mitigating factors from the defense.
Perry County District Attorney Chad Chenot said aggravating circumstances in the Pierson murder are that Laudenslager committed the killing during the commission of the crime as death by torture.
Mitigating circumstances can include lack of prior criminal convictions or if the defendant was mentally or emotionally disturbed when she committed the crime, for example.
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From the Carlisle Sentinel, July 13, 2007:
By Heather Stauffer, Sentinel Reporter
Rochelle Laudenslager may have been mentally impaired when she allegedly murdered her former lover.
Her attorney wants to know for sure.
“I think there are a lot of mitigating factors here,” said George Matangos, adding that mental health issues are primary among them.
He stressed that he’s not currently seeking an insanity plea and explained that a finding of mental health issues could result in the first-degree murder charge being reduced to second or third-degree murder.
As to whether Laudenslager will be entering a plea, Matangos said, “There are ongoing discussions.”
He noted that the mental health assessment may not be completed by August 16 and that he may seek another continuance then.
“I’m looking for records from out of state,” he said. Laudenslager was arrested in Nevada in October on a domestic battery charge that was later dismissed, police say.
On Thursday the 45-year-old Lower Paxton Township resident, who has bee charged with the December death of Elaine Pierson, was before Perry County Judge Joseph Rehkamp for little more than a minute while Matangos sought to have the status conference continued until next month.
As Matangos spoke, the tall woman with short, styled hair and glasses stared straight ahead, saying nothing. She wore red prison garb and white sneakers.
Rehkamp granted the request, setting the conference for August 16 at 9 a. m. after hearing Matangos’s explanation that he was still gathering information. Following that decision, Laudenslager exited the courtroom.
Afterward, Matangos said one of the reasons he requested the continuance was to allow time to have a complete mental health assessment on Laudenslager.
Laudenslager is charged with first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with the death of Pierson, and also faces assault and resisting arrest charges in connection with her February 15 arrest in Susquehanna Township.
Perry County District Attorney Chad Chenot has said he plans to seek the death penalty if Laudenslager is convicted of first-degree murder. If a jury returns a guilty verdict on first degree murder, jurors then have to weigh aggravating circumstances from the prosecutors and mitigating factors from the defense.
Chenot has said aggravating circumstances in the Pierson murder are that Laudenslager committed the killing during the commission of a felony, and that she committed the crime as death by torture.
Matangos also confirmed that he will be seeking to have the trial moved out of the county and jurors similarly selected from out of county.
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From the Carlisle Sentinel, August 17, 2007:
LAUDENSLAGER CASE CONTINUED
Judge seals motions in the Perry County murder case
By Heather Stauffer, Sentinel Reporter.
The Perry County judge presiding in the murder case of Rochelle Laudenslager has ordered all future motions filed by either side to be sealed.
The action came Thursday as a status conference for Laudenslager was continued until November 1.
Laudenslager, 45, of Lower Paxton Township, is accused in the death of Elaine Pierson in December 2006. She faces charges of first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with the death of Pierson, and also faces assault and resisting arrest charges in connection with her February 15 arrest in Susquehanna Township.
Laudenslager’s attorney, George Matangos, also sought and received a continuance in July, at which point he said that he was pursuing a complete mental health assessment for Laudenslager. That has not changed, he said Thursday, and he continues to prepare for the trial.
Perry County District Attorney Chad Chenot said Friday morning that Matangos also asked the judge to seal any future motions he may file in the case, on the grounds that it may be necessary to include some information about psychological evaluations or treatment in those motions.
Chenot said that he did not object but noted that it might be good if his motions were sealed as well, and Perry County Judge Joseph Rehkamp agreed.
No motions were filed Thursday, Chenot said.
Chenot has said he plans to seek the death penalty if Laudenslager is convicted of first-degree murder. If a jury returns a guilty verdict on first-degree murder, jurors then have to weigh aggravating circumstances from the prosecutors and mitigating factors from the defense.
Friends reported Pierson missing December 29 and found her body January 6 in a wooded area about three miles from her Rye Township home. Authorities [say] Pierson was shot four times the evening of December 27 after being taking [sic] from her home on Trout Lane.
Police said Laudenslager told them she was Pierson’s lover until 2002.
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From the Carlisle Sentinel, November 2, 2007:
PIERSON MURDER HEARING CONTINUED
Rochelle Laudenslager awaits a new hearing in the case.
By Heather Stauffer, Sentinel Reporter.
A status conference for Rochelle Laudenslager, who faces first-degree murder and other charges in the December 2006 death of Elaine Pierson was continued at Perry County Courthouse Thursday.
Sean Potter, Perry County assistant district attorney, said Laudenslager did not appear and the occasion passed without incident. Laudenslager’s next scheduled court appearance will be for a pretrial conference, for which the date has not yet been set, Potter said.
Laudenslager, 45, of Lower Paxton Township, faces charges of first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with the death of Pierson and also faces assault and a resisting arrest charge in connection with her February 15 arrest in Susquehanna Township.
At previous continuances in July and August, defense attorney George Matangos requested respectively that he be given time to pursue a complete mental health assessment for Laudenslager and then that all further defense motions be sealed. Both were granted, the latter being amended to include motions from the prosecution.
Perry County District Attorney Chad Chenot has said he plans to seek the death penalty if Laudenslager is convicted on first-degree murder.
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From the Carlisle Sentinel, December 5, 2007:
JUDGE SEEKS OUTSIDE JURY FOR LAUDENSLAGER
District attorney says the request is because of extensive media coverage of the case
By Heather Stauffer, Sentinel Reporter
A Perry County judge is seeking an outside jury for Rochelle Laudenslager‘s trial in March.
“The request is basically because of extensive news coverage of this case,” said Perry County District Attorney Chad Chenot, explaining that Judge Kathy A. Monroe said she would make the request of the state Supreme Court after a conference with him and defense attorney George Matangos last week.
“It would be difficult to obtain a jury pool that not been exposed,” he explained.
Laudenslager, 45, of Lower Paxton Township, is accused in the death of Elaine Pierson in December 2006. She faces charges of first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with Pierson’s death, as well as assault and resisting arrest charged in connection with her February 15 arrest in Susquehanna Township.
The request originated with Matangos, Chenot said, but he had no reason to disagree. The jurors will be chosen from a county selected by the Supreme Court and then brought to Perry County and sequestered throughout the trial, Chenot said.
“The Supreme Court makes the decision. They generally try to find a county that’s similar composition, roughly the same size,” Chenot said. “It wouldn’t be somewhere like Dauphin County.
The course of action, Chenot said, is more convenient for the court and both the prosecution and the defense.
Current plans are for the jury selection to begin on March 24 [2008], Chenot said, with January 15 [2008] as the cutoff date for all pretrial motions. In August, a judge ruled that all further motions from wither side be sealed.
Chenot has said he plans to seek the death penalty if Laudenslager is convicted of first-degree murder. If a jury returns a guilty verdict on first degree murder, jurors then have to weight aggravating circumstances from the prosecutors and mitigating factors from the defense.
Friends reported Pierson missing December 29 and found her body January 6 in a wooded area about three miles from her Rye Township home. Authorities [say] Pierson was shot four times the evening of December 27 after being taking [sic] from her home on Trout lane.
Police said Laudenslager told them she was Pierson’s lover until 2002.
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From the Carlisle Sentinel, January 4, 2008:
BERKS COUNTY TO PROVIDE LAUDENSLAGER JURORS
A jury from Berks County will Rochelle Laudenslager‘s murder trial this spring, thanks to a December decision by Pennsylvania Supreme Court.
Perry County Judge Kathy A. Morrow requested an out-of-county jury in November , with support from both attorneys. perry County District Attorney Charles “Chad” Chenot said he is anticipating jury selection on March 24 and 25 [2008], after which jurors will come to Perry County and be sequestered throughout the actual trial.
Laudenslager’s attorney, George Matangos, did not return a call before deadline Friday.
Laudenslager, 45, of Lower Paxton Township, is accused of the death of Elaine Pierson in December 2006. She faces charges of first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with Pierson’s death, as well as assault and resisting arrest charges in connection with her February 15 arrest.
Chenot has said he plans to seek the death penalty if Laudenslager is convicted of first-degree murder.
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From the Carlisle Sentinel, January 6, 2008:
MURDER TRIAL TO START IN MARCH
A Berks County jury will hear the case of Rochelle Laudenslager
By Heather Stauffer, Sentinel Reporter
The Pennsylvania Supreme Court ruled last month to grant a Perry County judge’s request for outside jurors in Rochelle Laudenslager‘s first-degree murder trial for the December 2006 death of 48-year-old Rye Township resident Elaine Pierson.
Police have charged Laudenslager, a 46-year-old Lower Paxton Township resident, with first-degree murder, felony kidnapping and burglary with the intent to kidnap in connection with the death of Pierson, and as well as assault and resisting arrest charges in connection with her February 15 arrest.
Police said Laudenslager told them she was Pierson’s lover until 2002.
Friends reported Pierson missing December 29, 2006, and found her body January 6, 2007, in a wooded area about three miles from her Rye Township home. Authorities said Pierson was shot four time after being taking from her home on Trout Lane.
Police have said Laudenslager’s mother’s commemorative revolver was used in Pierson’s slaying and that a tearful Laudenslager returned it to her mother’s [Gratz] dauphin County home during the night December 27 [2006] in a plastic bag, put it in its box and hid it under insulation in the attic.
Blood from inside the revolver’s barrel matched Pierson’s DNA, police determined.
Perry County District Attorney Chad Chenot said Friday that he anticipates picking a jury on March 24 and 24 [2008], then returning to the Perry County Courthouse for the trial itself. Chenot has said he plans to seek the death penalty if Laudenslager is convicted of first-degree murder.
Calls to Laudenslager’s attorney, George Matangos, were not returned by deadline.
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News articles and photo obtained through Newspapers.com.
Corrections and additional information should be added as comments to this post.