by peter e. bortner
Keith A. Reber will receive more evidence in his effort to defend against charges stemming from the death of an Orwigsburg man who was found tied to a tree in May in South Manheim Township.
At Monday's hearing before Judge Charles M. Miller, Assistant District Attorney Rebecca A. Elo said she would turn over to Frederick J. Fanelli, Pottsville, Reber's lawyer, any records of convictions of Bryan R. Smith, 26, and would attempt to obtain a video from a local Sheetz convenience store that might have evidence relating to the May 28 incident.
However, Elo said two things for which Fanelli asked, written statements by, and a written plea agreement with, Reber's co-defendant, Daniel W. Dull, 25, of Orwigsburg, will not be turned over because they do not exist.
"There are no written statements," Elo said. "There is no written plea agreement."
Fanelli said he also wants information about any records of Smith's arrests, saying they might show he was a problem to Reber and his family and friends.
"We want to prove ... that Mr. Reber did not intend to kill Mr. Smith," Fanelli said.
Reber, 49, of Schuylkill Haven, and Dull are each charged with criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, recklessly endangering another person and simple assault in connection with Smith's death. Reber also faces an additional simple assault charge, as well as charges of prohibited possession of firearm, possessing a firearm with an altered manufacturer number and tampering with evidence.
State police at Schuylkill Haven have alleged that about 3 a.m. May 28, Dull and Reber took Smith to 294 Meadow Drive, Reber's home, marched him to a secluded wooded area, bound him to a tree and left him to die. Reber returned to the scene about 20 hours after tying Smith to the tree and found him cold and stiff, according to police.
After Monday's hearing, at which he said nothing except to confer with his lawyer, Reber returned to prison, where he and Dull each are being held without bail.
Reber is due in court on Dec. 10 before Miller for a hearing at which he will ask for dismissal of some or all of the charges. Miller said that after he rules on that request, he would be better able to set a possible trial date. Keith A. Reber
· Age: 49
· Residence: Schuylkill Haven
· Charges: Criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, recklessly endangering another person, prohibited possession of firearm, possessing a firearm with an altered manufacturer number, tampering with evidence and two counts of simple assault