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October 5, 2008

Gulf War vet seeks new trial in double murder

GREENSBURG (AP) _ Five years after he was convicted of killing his ex- girlfriend and her new boyfriend, a Persian Gulf veteran wants a new trial over alleged mental-health issues.

Scott Laich, 37, argues that he didn't get to tell the jury that he suffered from mental problems stemming from his military service.

Laich, formerly of Loyalhanna, was sentenced in March 2003 to two consecutive life prison terms for the first-degree murders of 23-year-old Krista Omatick and 37-year-old John Pistininzi. The pair were slain at Omatick's Derry Township home, about 35 miles east of Pittsburgh, on July 29, 1996.

Laich returned to a Westmoreland County courtroom on Friday and argued that his previous lawyers presented an inadequate defense during the 2003 trial.

His public defenders argued that Laich shot the couple in the heat of passion and should have been convicted of a lesser offense, such as voluntary manslaughter. Laich contends his attorneys should have presented a diminished capacity defense.

New defense attorney Tim Andrews said in court that Laich, a veteran who saw combat in Iraq in 1991, suffers from Gulf War Syndrome or post-traumatic stress disorder that "rendered him incapable to form an intent to kill."

Laich's former public defenders, Dante Bertani and Greg Cecchetti, testified Friday that they explored the diminished capacity defense, but a psychological evaluation of Laich failed to provide any evidence that could be used in court.

Laich also testified Friday he has never been diagnosed with Gulf War Syndrome or post-traumatic stress disorder.

The former postal employee was first convicted of the slayings in 1997. In 2001, the state Supreme Court ordered a new trial for Laich, saying the judge in his first trial should not have allowed the jury to consider hearsay evidence.

Judge Richard McCormick Jr. took Laich's new request under advisement Friday. It was not clear when he would rule.

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