Fayette prosecutors withdraw notice to seek death penalty in child’s death
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When a Uniontown man goes to trial next month in the death of his 23-month-old daughter, he will no longer face a death sentence if convicted of first-degree murder.
Fayette County Assistant District Attorney Melinda Dellarose told a judge a motion was filed Wednesday withdrawing their notice of intent to seek a death sentence against Michael Lynn Wright Jr., 35, formerly of Cumberland Township. Dellarose did not elaborate on the reason for the withdrawal, and paperwork filed in the clerk of courts office also did not list a reason.
Police said Wright and his girlfriend, Andrea Dusha, 29, left 23-month-old Lydia Wright strapped into and unable to move in a car seat at their Uniontown home for more than 12 hours on Feb. 24, 2016. The child was determined to have died hours before Dusha brought her to Uniontown Hospital. Forensic pathologist Dr. Cyril Wecht determined the child died from malnutrition and dehydration.
During a status conference Wednesday, both sides in the case told Judge Linda Cordaro that they were ready to go to trial, and there were no outstanding issues that needed to be resolved. A jury will be selected in the case on May 6, the first day of the county’s criminal court week.
Dellarose also told Cordaro she believes witness testimony for the commonwealth will exceed two days, and Public Defender Jeffrey Whiteko said he believes the case can be presented to a jury within a week.
Because of the seriousness of the case, Cordaro said the jury will receives note pads and writing instruments to take notes during the trial.
Dusha, who pleaded no contest to third-degree murder in September, is expected to testify against Wright. While she has yet to be sentenced, part of her plea included a stipulation that she cooperate with prosecutors and offer testimony at Wright’s trial. In exchange for her plea, prosecutors agreed to a prison sentence of 9½ to 19 years. Her sentencing is scheduled for 9:30 a.m. May 13.
Dusha is lodged in the Fayette County Prison without bail, and Wright is lodged in the Bedford County Prison without bail.