The Amish Murder Case

donlewis@sccoast.net                          www.mysterywriterdonlewis.com 

In March of 1993, a man named Edward Gingerich became the first Amish person in American history to be charged with murder. The incident occurred in an Amish community in Crawford County, Northwestern Pennsylvania. The case went to trial in March of 1994 and the defendant was represented by an attorney appointed by the court. I was that attorney.

 

On the night of his arrest Ed Gingerich was housed in the Crawford County Jail. The next day I received a call from one of Ed’s “English” friends asking if he and others could hire me to represent Ed. Since they were unable to meet my fee, I declined. Murder cases take a lot of time in preparation, pre-trial matters, and trial.

 Several days later I was approached by Crawford County President Judge P. Richard Thomas who asked if I would be willing to take the case as court-appointed counsel. It would pay less than what the prior caller offered, but when a favor is asked of you by the president judge of the county it’s a good idea to comply.

On Monday, March 21^st, 1994, the case of the Commonwealth of Pennsylvania vs. Edward Gingerich went to trial in the Crawford County Courthouse.

Relying on the “Insanity Defense,” an affirmative defense, I had the burden of proving by a preponderance of evidence that at the time of the commission of the homicide, my client was unable to understand the nature and quality of his actions or could not distinguish between right and wrong. Therefore, the sole issue in the case was Ed’s mental condition at the time of the killing. The fact that Ed had caused the death of his wife was not at issue. He killed her. The only question to be decided at the trial was Ed’s mental condition at the time.

As the trial proceeded, a total of 21 witnesses took the stand, only seven of whom were prosecution witnesses. As the attorney for the defendant, among other witnesses, I called to the stand two psychiatrists, a toxicologist, and a psychologist. The prosecution offered no witnesses to contradict the defense.

Following the jury’s deliberation, Gingerich was found “Not Guilty” of murder in the first and third degree, and voluntary manslaughter, all felonies.  He was found “Guilty” of involuntary manslaughter, a misdemeanor and was sentenced to the maximum sentence allowed by law, 2 ½ to 5 years confinement.

In late January 2013, I received a call from a woman representing a production company which had contracted with the Identification Discovery Network (ID network) to do a program on the Gingerich case. I was asked to go to New York City for an on-camera interview regarding my participation in that trial. I agreed, and on Sunday, February 3^rd, the interview took place in an office in Manhattan.

 

I asked what the interviewer would expect of me and was told that she had prepared a number of questions and that I should answer them as well as I was able.

 

I found myself in a strange situation; not because of the subject matter or the questions, but rather the manner in which the interview was to be conducted. I sat in a chair across from the interviewer, Ruth, but we weren’t facing each other.

 

Between us and to the side there was a monitor about the size of a 30” TV screen. The two of us and the screen formed a triangle. Looking into it I could see only Ruth, and she could see only me. I still don’t know how that works. It was strange hearing the questions come from one direction and seeing the speaker in another.

 There were times during the interview when I turned toward Ruth rather than her image on the screen. Oops.

“Mr. Lewis,” the technician said on those occasions, “please face the monitor and not Ruth when you answer.”

“Yes sir,” I replied, each time.

Although the program will be only an hour long, my interview lasted for 2 ½ hours, so I don’t know what will be edited out. When it was over, Ruth asked me if there was anything I wanted to see in New York. I had been to New York on other occasions and had seen all of the main attractions, so I said, “Yes, I’d like to go to Lombardi’s Pizza,” supposedly the number one pizza shop in the whole country. Ruth laughed and said she thought that could be arranged, and thirty minutes later I was there eating pizza. It was okay but, “the best pizza shop” in the US? I don’t think so. We have several shops right here in Myrtle Beach I think are a lot better. But I am glad I had the chance to go there. I would always have wondered.

The production company was first class all the way. They flew me up on direct flights from Myrtle Beach to LaGuardia and back, picked me up in a limousine, took me to a nice hotel, and paid for my food. They didn’t offer to pay a fee and I didn’t ask. I requested only that they ask me what I have been doing since I retired from my criminal law practice. They did and my response was that I have been writing crime/mystery novels with four published to date. If your name isn’t James Patterson or John Grisham you need every bump you can get.

They told me that the show would be aired on the ID network sometime in late spring or early summer. If you happen to watch it and haven’t seen me for some time, don’t be alarmed by my appearance. They made me gain 50 pounds and dye my hair white for the interview. 

 donlewis@sccoast.net                www.mysterywriterdonlewis.com                     

Do You Have a Story to Tell?

www.mysterywriterdonlewis.com                                                                                             donlewis@sccoast.net

            Writing provides a wonderful outlet for the expression of thoughts and ideas, and I recommend it to anyone who would enjoy sharing their creativity with others.

Telling a story can stir a variety of emotions within the writer, and depending upon the genre, can take the writer from the heights of the emotional spectrum to its depths. Fictional novels and works of non-fiction that report on the action and dramatic episodes of real people probably create the greatest array of emotions. If there is a basic rule for writers it would be that they should write about subjects they know and understand.

Most writers, no matter the gender, will admit that they become immersed in the characters they create, and are to some degree at least temporarily embedded in the trials and tribulations experienced by those characters. In a way, the writer becomes the character. He can feel the anger, the sympathy, the passion, the elation or depression experienced by his characters.

To the writer, the story sometimes seems to take on a life of its own, often causing him to feel as though he is being pulled along by the story, a passenger on it, if you will, rather than the creator of it. There have been times when I felt as though I was writing as fast as I could just to keep up with the story. It was as though the story was creating itself and all I was trying to do was to capture it on paper. For example, by the end of my first novel, Satan’s Boots Don’t Creak, my fictional character, J.D. Banks, a criminal defense attorney, felt like a real person to me. I felt I could pick up the phone and call him. The only problem there is that I forgot to give him a phone number.

The best part of this is that you don’t have to be a John Grisham or James Patterson to enjoy the experience of creating life-like characters. We may not be able to do it as well as they do, but we all can do it.

As each story evolves, I feel the emotive of the scenes. I feel the tension, concern, melancholy, pride, and remorse experienced by my characters. The writer must be aware however, that the tension and realism he has created can carry over into his real life. While the reader is capable of a mood-changing experience by being carried into the story, the writer feels responsible for it. It’s his creation, and aware of it or not, in many ways part of his inner self is revealed.

If a writer feels the humor in a scene he is about to construct and develop, he should show, and sometimes even highlight, that humor in his story. Even in the most serious and dark novels, a spot of humor here and there is most welcomed by the reader. A powerful mental state, good or bad, set into motion by the writer can influence the minds of writer and reader; another reason why the writer should be aware of the mood he is likely to create in the minds of his readers. Injected humor can help to lessen the impact of a negative mood the writer may generate.

There are many reasons why people decide to sit down at a keyboard and begin to write. Some feel a need to satisfy their creative juices, some need to get their feelings out, to express themselves in a story. For others, the sole incentive to write is to gain commercial success; to make money. Having been a criminal trial lawyer for over 30 years, I began to write to relieve the stress of constant courtroom activity. I soon realized that I really enjoyed putting “pen to paper” as they used to say. Now that I’m retired, I do it because it gives me pleasure and satisfaction to finish a well crafted story.

No matter your choice of subjects, if you have a little patience and try your hand at writing, you will find it an exciting pastime, if nothing else. And with today’s e-book explosion, anyone can be published.

So, what the hell, why not give it a shot? It may take you a little time, but it won’t cost you a dime. Good luck.

If you find this blog entertaining or relevantly informative, please pass it on to those in your email, Facebook, Twitter and LinkedIn lists, and ask them to do the same.

www.mysterywriterdonlewis.com                                                                          donlewis@sccoast.net