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Killer wants freedom prior to sentencing

Thursday, July 17, 2003

By Virginia Kopas Joe, Post-Gazette Staff Writer

The lawyer for Ian Bishop, the Westmoreland County teenager found guilty this week of third-degree murder in the beating death of his brother, has asked a judge to set bail.

Judge Debra A. Pezze, who presided at Bishop's seven-day trial, took the request under advisement.

Attorney Thomas Ceraso said that because Bishop was not found guilty of first-degree murder, he is eligible for bail while awaiting sentencing, which could come in the next three months.

A jury on Monday found Bishop guilty of third-degree murder and conspiracy to commit first-degree murder in the April 19, 2002, slaying of his brother Adam, 18, in the family's Hempfield home. Adam Bishop was struck at least 18 times with a claw hammer and wooden billy club. A second teen charged in the killing, Robert Laskowski, awaits trial.

Bishop has been in Westmoreland County Prison since his arrest last year. He was ineligible for bail because he was charged with first-degree murder.

The verdict -- murder in the third-degree, conspiracy to commit first-degree murder -- has caused some confusion.

Third-degree murder is a homicide committed with malice but without specific intent to kill. Malice is defined by law as "a wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and a mind regardless of social duty, indicating an unjustified disregard for the probability of death or great bodily harm and an extreme indifference to the value of human life." Conspiracy means that the accused conspired with another in the crime.

Such inconsistent verdicts are permitted in Pennsylvania.

The verdicts for third-degree murder and first-degree conspiracy each carry a possible 20- to 40-year maximum sentence. The minimum sentence on each count would be 6-1/2 to 20 years.

When Bishop reports to the State Correctional Institution Camp Hill, he will be the youngest convicted murderer in the state prison system.

Prior to asking for bail yesterday, Ceraso said Bishop "is a child. He has no point of reference as to the severity of what has occurred."