WILKES-BARRE — She maintained her innocence.
Her pastor compared her conviction to Jesus’ crucifixion.
The judge cringed at the comparison to Pontius Pilate.
But still Jessica Alinsky, 32, formerly of Shenandoah, was sentenced during a bizarre hearing Tuesday to up to 40 1/2 years in prison — the maximum for third-degree murder — for shooting her ex-boyfriend and staging the scene of a suicide.
A jury convicted Alinsky last month in the September 2011 shooting death of Matthew Ryan Gailie, a 34-year-old correctional officer.
Prosecutors alleged she shot Gailie in the face at their Hazle Township home and then tried to make it look like he killed himself because of money troubles.
During the hearing Tuesday, Gailie’s family members spoke about the man they lost and Alinsky’s cold remorselessness in shooting him in the face and then taking her time as she staged a crime scene with his blood-soaked body.
“At no point has she ever shown even an ounce of remorse,” Gailie’s sister, Ariana Gailie, said. “Someone like that should not be able to walk the same streets as our children, our siblings or our loved ones.”
Alinsky professed her innocence.
“I would like to say sorry to Matt’s family for the loss and the suffering that we all have suffered since his passing,” Alinsky said.
When Assistant District Attorney Daniel Zola, who sought the maximum sentence, asked if she accepted responsibility for what happened, Alinsky said she did not.
“I’m remorseful that I was wrongfully convicted,” she said.
Alinsky pleaded guilty to third-degree murder in April 2014, but withdrew the plea a month later, saying she maintained her innocence.
During her trial, the prosecution’s case focused on repeated conflicting statements Alinsky made about what happened at the couple’s Hazle Township home the night of Sept. 2, 2011.
Neighbors testified that they heard a gunshot 16 minutes before Alinsky called 911, and experts told the jury that Gailie’s body had been moved. A bloody hand print on an old bank statement near the body could not have been Gailie’s and the pistol had been placed into his left hand after his death, experts testified.
Gailie was right-handed.
The defense never provided jurors with an alternate scenario to the staged suicide, leaving it open as to whether Gailie killed himself or was shot by accident.
Alinsky didn’t testify during her trial, but she spoke for several minutes Tuesday.
After thanking her friends and family, she maintained her innocence and asserted she has been suffering as a result of Gailie’s death.
“I would like everyone to know that I loved Matt and I hope that he’s in a better place,” Alinsky said. “I don’t believe that I had a fair trial in this county. I believe that the media exploited me.”
Alinsky’s claim of innocence was a recurrent theme.
Her mother, Lisa DeGregor, told the judge her daughter is a loving and compassionate woman.
“She is part of my soul and I know in my heart, deep down inside, that Jessica did not kill him,” DeGregor said.
Alinsky’s pastor, Hugh Lupien of the Word Family Church in Hazleton, described the convicted killer as a “woman of God” who was wrongfully convicted. At this time of year, he said he can’t help but think about another person who was wrongfully convicted 2,000 years ago.
“I’m not comparing Jessica to Jesus. She in no way qualifies for that,” Lupien said.
But the circumstances in both cases are similar, he argued as he sought “extreme leniency.”
Luzerne County Judge Tina Polachek Gartley seemed startled that the pastor had, “somehow put me in the role of Pontius Pilate.”
“What an odd position for me to sit in as a judge,” Gartley said.
The judge also heard testimony from Gailie’s father, Frank Gailie, who said he sometimes cries when he thinks about how he told his son to take the job at State Correctional Institution/Frackville — a move to the area that caused him to meet Alinsky.
“I will always wonder if I didn’t, would he still be here with me?” Frank Gailie said.
Frank Gailie said he hopes that although Alinsky still has her family, she feels alone. He called her the “great pretender,” a fraud who only cares for herself.
“You have taken my son who I loved more than my life,” he said. “The punishment should reflect the fact that a person’s life has been lost, and there is no remorse but for herself.”
Alinsky interjected with apparent tears a few times during the testimony, including when Ariana Gailie alleged she never did anything to help her brother.
“Yeah I did,” a tearful Alinsky said.
“You’ll never care about anyone but yourself,” Ariana Gailie continued. “That’s just who you are.”
In imposing the sentence, Gartley noted the family wouldn’t see closure Tuesday because Alinsky maintains her innocence. The most she could do, she said, was impose “some semblance of justice.”
Gartley gave Alinsky 20 to 40 years, the maximum for third-degree murder, followed by another three to six months for her conviction for evidence tampering. She also ordered Alinsky to pay more than $58,000 in restitution.
After the hearing, defense attorney Demetrius Fannick said he was disappointed in the stiff sentence because Alinsky was an educated woman without a significant criminal history who has a good chance at rehabilitation.
She intends to appeal her conviction, primarily on grounds she was denied a mistrial after an Australian blood-spatter expert surfaced mid-trial with allegations that a Pennsylvania State Police trooper ignored exculpatory evidence.
“Her position is never going to waver,” Fannick said. “She’s remorseful in that her boyfriend’s dead. Though it may not have come out, I truly believe that she feels bad for his survivors, his family. But she just does not accept responsibility that she shot him.”