On Thursday, August 1, 2024, TribLIVE reported that defense attorneys for Mandie Reusch argued in a Westmoreland County court hearing that the criminal charges against their client in an assisted suicide case should be dismissed due to a conflict of interest.
Reusch, 36, of South Greensburg has been charged with assisted suicide, involuntary manslaughter, and criminal use of a communication device in connection with the suicide of her estranged boyfriend in 2021. Prosecutors allege that Reusch sent a series of text messages and other communications urging him to kill himself as their relationship soured.
At a preliminary hearing in June 2023, District Judge Rebecca Tyburski ordered the case be held for trial. However, the defense claims Tyburski had participated in the initial investigation of the case prior to being elected as district judge. They argue she was a member of the prosecution team that looked into the assisted suicide allegations against Reusch in 2021 and 2022 while working as an assistant district attorney.
Defense attorney Tim Lyon argued that Tyburski’s involvement in the investigation before the preliminary hearing represented a conflict of interest that should result in the dismissal of all charges. However, Assistant District Attorney Adam Barr acknowledged Tyburski had a limited role in the probe but did not fully defend her decision not to recuse herself from presiding over the preliminary hearing.
Presiding over the case, Common Pleas Judge Scott Mears said he is considering the defense’s argument but suggested an alternate remedy could be remanding the case to another district judge for a second preliminary hearing, rather than an outright dismissal. Mears said Tyburski’s actions may have been an “innocent mistake.”
The defense has also submitted motions this year claiming there is insufficient evidence to support the criminal charges against Reusch. Judge Mears is still reviewing those motions. Lawyers for Reusch are seeking to subpoena Tyburski to testify about her prior involvement, but the Administration Office of Pennsylvania Courts is attempting to quash that subpoena.
Mears has ordered both sides to submit written arguments on the dismissal request and subpoena issues. He said he would rule on those matters at a later date.
Reusch remains free on $150,000 bail while awaiting trial. However, no trial date has been set in the case, which the defense argued is still far from being trial-ready due to the ongoing issues.
Source: TribLIVE
