Following a trial by jury, I was convicted of third degree murder, three counts of aggravated assault, and criminal conspiracy. Post-verdict motions were filed and denied. I was sentenced to a term of thirty to sixty years on January 21st, 1981.

      An appeal was taken to the Pennsylvania Superior Court, which affirmed judgment of sentence on April 2nd, 1982, upon finding my claims waived and/or merit less. Commonwealth v. O’neill, 445 A, 2d 198 (P.A Super.1982). The Pennsylvania Supreme Court denied allocatur (permission to appeal) on February 23rd, 1983. Commonwealth v, O’neill, No 256 E.D Alloc. Docket. 1982.

      I filed a Post-Conviction Hearing Act petition before the common pleas court on July 5, 1983. A lawyer was appointed and filed an Amended petition. After a four day evidentiary hearing in 1985 on the claim of ineffectiveness of trial counsel, the Honorable Edward J. Blake denied relief on October 1, 1986. I appealed to the Superior Court, who affirmed the order of dismissal on May 4th, 1987. Commonwealth v. O’neill, 528 A. 2d 258 (P.A Super. 1987). The Pennsylvania Supreme Court denied Discretionary Review on September 18th, 1987. Commonwealth v. O’neill, 532 A.2d 437.

      After a lengthy process of six or more years, I obtained the trial transcripts and reviewed them. I filed another Post-Conviction petition (P.C.R.A) raising claims of prosecutorial misconduct; Denial of a fair and impartial trial; Ineffective assistance of Counsel; Denial of the right to face my accuser; Juror misconduct; and Insufficient evidence to support a conviction beyond a reasonable doubt. The court appointed an attorney who filed an amended petition before the Honorable Joseph D. O’Keefe who denied relief without a hearing on February 17th. 1988. I again appealed and the Superior Court rejected my claims and affirmed the order of dismissal on August 29th, 1989. No. 3491 PHIL 1988. On November 15th, 1989, the Pennsylvania Supreme Court denied my attorney’s motion for an extension of time in which to seek Discretionary Review. At this point, I filed a Writ of Habeas Corpus in Federal Court, No. 88-5464 WL 95552 (E.D. Pa.). This was dismissed for failure to exhaust my State remedies and directed me to return to the State Court and present these claims.


      As directed by the Federal Court, I returned to the state court in another Post-Conviction petition and raised the “same issues”. Because the issues raised were identical to those presented in my PCHA petition filed in 1987, the Honorable James D. McCrudden summarily dismissed the action on September 11th, 1990, without the appointment of counsel or conducting a hearing. The Superior Court affirmed the order of dismissal on December 31st, 1991, Commonwealth v. O’neill, NO. 940 PHIL 1990. The Pennsylvania Supreme Court subsequently rejected my untimely petition for allowance of appeal, Commonwealth v. O’neill, No. 10 E.D. Misc DKT. 1992, as well as, my petition requesting permission for review, Commonwealth v. O’neill, No. 112 E.D. Misc. DKT. 1992, October 8th, 1992.