Attorneys for convicted child killer Nathan Shaw say the former Tyrone resident will appeal his first-degree murder conviction. Lead counsel for the defense told The Daily Herald in an interview Wednesday, just 7 days after Shaw was convicted of murdering 6-year-old Jared Klein of Tyrone, that his client is already talking about his next day in court.
“I don’t think there’s a defendant that is tried through the judicial system who does not seek an appeal,” said Blair County public defender Theodore Krol. “(Shaw) firmly believes he’ll be able to get a manslaughter conviction through an appeal, based largely on the time of deliberation associated with the first degree murder conviction.
“That jury was in there for 9 hours.”
Shaw was convicted last week for the brutal beatings of Klein and his mother, Christina Muoio. He earned life in prison for stabbing the young boy to death with a kitchen knife during the fracas. Shaw was also found guilty of raping Muoio and stealing her car the same night.
Jared’s murder happened the night after Christmas 2005, just weeks after Shaw was released from a lengthy prison stay. He had served 18 months after battering Muoio on another occasion.
Krol said he’ll have some work to do before filing an appeal with superior court, and he’ll have some time to do that.
“During the trial, just about every legal argument we made, we prevailed in,” the attorney said. “I have not yet determined what area or areas are valid to appeal – there are very few – but there’s always something.
“The superior courts look at everything very closely.”
Krol suggested that an appeal based on a change of venue may be possible, due to the press coverage of the Klein killing and leading up to the subsequent trial. Though, the attorney noted, that may be tough.
“I thought we found a fairly isolated jury (for the trial),” Krol said.
“Again, we’ve got some things to look over.”
Before Shaw’s defense team may file an appeal, Judge Daniel Milliron, who presided over Shaw’s murder trial, must schedule a sentencing hearing for his convictions, something that has not yet happened.
Following the sentencing, the defense has 30 days to file an appeal.
Once the appeal is filed, Judge Milliron will file a statement, at which time Krol’s team would respond, citing the area or areas of appeal.
This process could take several months.
“Nathan (Shaw) feels that the lengthy deliberation during his trial is a strong indication that he may be able to get a conviction on a lesser charge,” Krol said.
