Judge rejects appeal of New Stanton teen convicted in murders of mother, brother

Dec. 17—The former New Stanton teenager who claimed he was under the influence of an alternate personality which influenced him to kill his mother and younger brother more than five years ago told a Westmoreland County judge he hasn't received proper mental health treatment as he serves a prison sentence of 30 years to life.

"I see a psychiatrist once every three months, for about 10 minutes, and all I get is medication," said Jacob Remaley, now 19, during a hearing Friday. He claimed he pleaded guilty but mentally ill in February 2020 only because his former defense lawyer provided inaccurate advice about the level of care he could receive while behind bars.

Remaley claimed he expected to be sent to a mental health hospital unit in the state prison system. Instead, he shares a general population cell with another inmate at a state prison in Greene County, where he receives a low level of mental health treatment.

Common Pleas Court Judge Christopher Feliciani dismissed Remaley's appeal. The judge ruled there was no evidence to support Remaley's contention that his first lawyer gave him bad advice.

"There were no guarantees or promises," the judge said.

Prosecutors said Remaley, then 14, woke early on Nov. 30, 2016, after his father had left for work, retrieved a gun from atop a refrigerator and walked to his parents' bedroom, where he shot his 46-year-old mother, Dana. He then moved to the bedroom of his brother, where he shot and killed 8-year-old Caleb.

Remaley was diagnosed with multiple personality disorder and, according to his doctors, he was under the influence of one he called "Wrath," which ordered him to kill his mother and brother. Doctors said Remaley's other personalities included that of a witch, an old man and a young girl.

His former lawyer, Chief Public Defender Wayne McGrew, testified Friday that mental health treatment was a priority in crafting a resolution to the case. McGrew said he believed the plea deal would result in Remaley likely being hospitalized in the state prison system, but testified he could not guarantee that placement.

Remaley pleaded guilty in February 2020, just a few weeks before the coronavirus pandemic caused major disruptions in almost every corner of life in the United States and resulted in the state halting all prisoner transfers. Rather than being sent to the state prison in Camp Hill where he could be evaluated to determine the level of mental health treatment he needed, it took a month before Remaley was eventually sent to Greene County where he has remained.

McGrew testified Remaley underwent a mental health evaluation there and corrections officials determined that facility could provide the care he needed.

Remaley told the judge his guilty plea was based on the belief that he would likely be admitted to the more intensive treatment program.

"I tried to think of what a jury would do. It was life or death, and I didn't them to stick a needle in me," Remaley said.

The death penalty was never on the table for Remaley. As a juvenile, Remaley faced two consecutive sentences of 25 years to life for both murders, said District Attorney John Peck.

Instead, Remaley was ordered to serve a prison sentence of 30 years to life, meaning he would be eligible for parole before his 45th birthday.

Remaley's new defense attorney, Adam Gorzelsky, argued Remaley received faulty advice from McGrew and should be allowed to withdraw his guilty but mentally ill plea.

"Everyone recognizes there was an unfortunate series of events, an order to transfer wasn't processed fast enough and then covid. The question is if these unforeseen events were properly explained to Jacob," Gorzelsky said.

Peck objected and said placement in a prison hospital was never guaranteed.

"This is simply a case of buyer's remorse," Peck said.

The judge ordered Remaley to be returned to the state prison but suggested he again be evaluated to determine the proper level of mental health care he requires.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .

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