When Frank McGinnis came home from work, he found that his live-in girlfriend, Madora Albert, had not cooked him dinner.
So, a state judge noted, McGinnis “beat her on the front porch, hitting her in the head and face with a heavy furnace pipe, and threatened to kill her.”
Albert suffered bruises and a broken jaw.
McGinnis, now 60, is serving a 9- to 20-year prison term for that attack.
He had better get used to prison food, because a state Superior Court panel has refused to overturn the aggravated assault conviction that put him behind bars.
In an opinion by President Judge Jack A. Panella, the state court rejected McGinnis’ claims that his lawyer was ineffective and actually contributed to his conviction by an Allegheny County jury.
McGinnis was convicted of the assault charge, but acquitted of attempted murder, two years after being arrested by Wilkinsburg police for the May 2011 attack. He appealed to Panella’s court after county Judge Kathleen A. Durkin refused to grant him a new trial this past January.
On appeal, McGinnis claimed his trial lawyer flubbed his defense by failing to raise the supposed fact that Albert had broken her jaw on an occasion before the assault. He also insisted his lawyer didn’t secure 911 call records that would have backed his claim that Albert was injured when she fell down the stairs.
McGinnis argued as well that he shouldn’t have received a deadly weapons enhancement that beefed up his sentence. The deadly weapon at issue was the pipe.
Panella agreed with Durkin that McGinnis provided no evidence that anyone other than him ever broke Albert’s jaw. The 911 call, placed by Albert’s daughter, doesn’t exonerate McGinnis because the daughter didn’t see the assault and merely told the dispatcher that McGinnis told her Albert had fallen down the stairs, the state judge found.
And that pipe certainly qualified as a deadly weapon, Panella concluded.
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December 23, 2019 at 10:57PM
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Pa. man who beat girlfriend because she didn’t cook him dinner will have to get by on prison chow - PennLive
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