Judge limits taxpayer money for father’s death penalty defense in New Kensington murder case

A Westmoreland County judge has announced she will limit defense spending from taxpayer money for the upcoming trial of a Brackenridge man who faces the death penalty for the alleged killing of his nine-year-old son.

Common Pleas Court Judge Meagan Bilik-DeFazio said Wednesday that the excessive costs incurred by Jean Charles’ public defenders already exceed the budget limits for all court-paid experts.

“I felt I had to limit it,” Bilik-DeFazio said during a court hearing in which she announced that she would reject efforts by Charles’ lawyers to dismiss the murder charge against him based on violations of the state’s right to a speedy trial law.

Charles, 42, has been charged with first-degree murder, desecration of a corpse and other crimes in connection with the death of his son, Azure Charles, in May 2022. Police say the boy was strangled, dragged over an embankment and hidden under patio furniture near his East Ken Manor home in New Kensington.

Prosecutors allege that Charles was given custody of their son and three daughters by his ex-wife, contrary to a court order prohibiting him from having contact with the children.

Charles had previously pleaded guilty to attacking the boy in 2019 and was charged again in November 2021, court records show.

Luella Elien, 32, of New Kensington, the boy’s mother, was charged in 2022 with aggravated assault, child endangerment and obstruction of justice. She was accused of knowing about the court order that barred Charles from contact with her son but allowed him to stay in her home.

The case against Elien, who authorities say is cooperating with prosecutors, is still pending. She is free on $50,000 bail.

Prosecutors said they would seek the death penalty against Charles if he was convicted of his son’s death.

Westmoreland County public defenders hired Pittsburgh-based private law firm Insight Mitigation to help them prepare their defense, arguing that Charles should not be sentenced to death if his trial ends in a first-degree murder conviction.

According to the county’s court administrator, Insight Mitigation has received nearly $35,000 so far for its work on Charles’ case. Deputy Court Administrator Pam Neiderhiser said only $20,000 is earmarked for the county to pay all of its experts in 2024.

The judge began reviewing expert reports in Charles’ case in late June and said she would authorize specific payments for required work. Payment to the company will be limited to work deemed necessary for Charles’ defense.

“Mr. Charles is entitled to a defense, but not a free pass. I want to make spending more efficient,” Bilik-DeFazio said.

Assistant Public Defender Mike Garofalo said the defense will continue to prepare possible mitigation testimony and plans to file pretrial motions later this month challenging the evidence and the prosecution’s theory in the case.

Charles has been in jail without bail since his arrest in September 2022.

Defense attorneys sought to dismiss the case, arguing that prosecutors’ delays in releasing evidence violated Charles’ right to a speedy trial. State law requires prosecutors to try incarcerated defendants within six months of their arrest.

Bilik-DeFazio said in court Wednesday that she would deny the defense’s motion to dismiss the case on those grounds.

No trial date has been set.