Schuylkill County’s most notorious fugitive returned to court Thursday, asking the judge who sent him to prison for sexually molesting three children to grant him a new trial.
“I was basically found guilty because I ran,” Russell R. Rehrig, 58, of Allentown, testified during a 30-minute hearing before President Judge William E. Baldwin. “I was scared. I agree I made a mistake.”
Rehrig, who did not attend his trial or sentencing and was the subject of a nationwide manhunt before his capture in Atlantic City, New Jersey, is alleging both his trial and appellate lawyers did not represent him properly.
“I had no representation from the time I was arrested, none,” Rehrig, who wore leg shackles, handcuffs and a prison jumpsuit while testifying, said.
However, his appellate lawyer, Thomas J. “Tim” Pellish, Pottsville, said there was nothing he could do for Rehrig, particularly since the defendant did not show up for trial.
“It was my opinion ... I saw no grounds for appeal because he was in absentia,” Pellish testified. “I did not see any errors at the trial.”
Baldwin took some testimony but continued the matter to allow Michael J. Fiorillo, Pottsville, Rehrig’s new lawyer, a chance to have the defendant’s wife, Janice Horvath, testify about her alleged talks with Pellish.
After a two-day trial over which Baldwin presided, jurors convicted Rehrig on Sept. 5, 2007, of five counts of rape of a child, 10 counts of rape, six counts of involuntary deviate sexual intercourse, 13 counts of statutory sexual assault, two counts of aggravated indecent assault, two counts of indecent assault, 14 counts of corruption of minors and three counts of terroristic threats.
Baldwin sentenced Rehrig on Jan. 2, 2008, to served 42 to 84 years in a state correctional institution, plus lifetime Megan’s Law sanctions should he ever leave prison. Rehrig is serving his sentence at SCI/Albion in Erie County.
Tamaqua police charged Rehrig with committing the crimes between Aug. 25, 2004, and Aug. 25, 2005, in the borough as well as both his home and workplace in Allentown.
However, Rehrig had been missing since August 2007, when he appeared for jury selection but not for either his trial or his sentencing. The case was featured on the March 8, 2008, broadcast of the FOX television show “America’s Most Wanted.”
The case also caused a local political controversy after questions were raised about the propriety of having allowed Rehrig to post a bond instead of cash for bail before trial.
Atlantic County Sheriff’s Department personnel arrested him Sept. 5, 2008, in front of the Bare Exposure nude dancing club at Mississippi and Pacific avenues in Atlantic City, one block off the boardwalk.
Rehrig’s right to appeal his conviction and sentence directly to state appellate courts expired 30 days after his sentencing, so his only chance for a new trial is to prove he received ineffective representation.
Furthermore, since more than one year has passed since Rehrig’s conviction and sentence became final, which was on the date his right to file a direct appeal ended, he must show he acted within 60 days of learning Pellish had not filed an appeal for him.
Rehrig said Pellish did nothing for him, even after he asked him to challenge the work Assistant Public Defender Christopher M. Riedlinger had done at the trial.
“I wrote to him for over five years. I got no responses,” Rehrig testified. “I had no contact from day one.”
He said Pellish finally wrote to tell him he had become an assistant district attorney and could no longer represent him. He said Pellish never told him there were no issues to appeal.
However, he also said he could not give the exact date he filed his latest petition, just that it was in December 2013.
“I can’t remember that far back,” he said.
Furthermore, while he said he was not guilty, he appeared to contradict himself later.
“I’m not 100 percent innocent,” Rehrig said.
Pellish said he told Rehrig directly that there were no issues to appeal.
“He wanted me to keep checking. He never told me directly to go file an appeal,” Pellish said of his client.
Pellish said he could not file a direct appeal because of time limits and nothing Riedlinger did merited a challenge.
“Chris asked the appropriate questions. He challenged evidence,” Pellish said.
Furthermore, Pellish denied not having talked with Rehrig.
“I spoke with him personally here,” he said. “I never closed his file until I became a member of the (district attorney’s) office (in February 2013).”
Also, Pellish said he reviewed the transcript of the trial immediately after he obtained a copy of it. He also said he sent a copy of the transcript to Rehrig.
Defendant: Russell R. Rehrig
Age: 58
Residence: Allentown
Crimes committed: Five counts of rape of a child, 10 counts of rape, six counts of involuntary deviate sexual intercourse, 13 counts of statutory sexual assault, two counts of aggravated indecent assault, two counts of indecent assault, 14 counts of corruption of minors and three counts of terroristic threats
Prison sentence: 42 to 84 years in a state correctional institution, plus lifetime Megan’s Law sanctions