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Man accused in mother's murder appears in Franklin County court

July 26, 2011|By JENNIFER FITCH | waynesboro@herald-mail.com
  • Marcus Wallace
Marcus Wallace

CHAMBERSBURG, Pa. — A man accused of killing his 70-year-old mother appeared in the Franklin County (Pa.) Court of Common Pleas on Monday, where a flurry of federal and local court motions in the case were reviewed.

Marcus Wallace, 40, is charged with first-degree and second-degree murder as well as burglary, criminal trespass, criminal mischief, criminal attempt of criminal homicide and aggravated assault.

Although represented by public defenders, he has filed a host of motions on his own behalf.

The U.S. Court of Appeals for the Third Circuit filed an opinion July 20, 2011, listing some of the motions filed by Wallace. It addresses one specific petition submitted by Wallace in February.

“It is not entirely clear from Wallace’s petition what exactly he wishes to compel the District Court to rule on,” the opinion said.

Wallace’s petition challenges the search warrant and seizure of evidence in the case, but the U.S. District Court dismissed those motions.

Pennsylvania State Police said Consuella Wallace of Hamilton Township suffered a depressed skull fracture in what appeared to be a home invasion on Dec. 10, 2009. She died of her injuries in February 2010.

Defense attorneys told Judge Richard Walsh they are preparing an omnibus pretrial motion encompassing several issues. Public Defender Mike Toms told the judge there seems to be “hybrid representation” with Wallace filing motions on his own.

“I will make every effort to combine any motions he’s filed of merit into the motion we file by the 5th of August,” Toms said.

Franklin County District Attorney Matt Fogal will have at least 21 days to respond to the omnibus pretrial motion, Walsh said.

In a previous hearing, the judge and attorneys said Wallace’s trial will likely not take place until 2012. Fogal has filed the documents needed  to seek the death penalty.

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