The Herald, Sharon, PA Published Friday, Jan. 25, 2002

MERCER COUNTY

Herald erred in Fuller story

The Herald erroneously reported Thursday that the state Superior Court said Mercer County Assistant District Attorney Timothy R. Bonner "showed misconduct by knowingly using perjured testimony" during the murder trial of Ronald L. Fuller.

The Superior Court never made that statement nor issued such a finding. The Herald regrets this error and apologizes to Bonner and anyone who may have been affected by the misinformation.

The Superior Court affirmed the opinion of the trial judge, Common Pleas Judge Michael J. Wherry, who rejected the claims of prosecutorial misconduct and perjured testimony. At the conclusion of the trial and in his written opinion, Wherry praised Bonner's professional conduct.

Fuller was convicted of first-degree murder and sentenced to life in prison nearly two years ago for the 1999 shooting death of a 13-year-old Sharon boy.

In an appeal, Fuller's attorney -- Wayne H. Hundertmark -- alleged that Bonner called two witnesses for the prosecution who allegedly lied on the stand. The witnesses had initially given partially inconsistent statements to the police, but later explained that their initial inconsistencies were due to a desire not to become involved in the case, concerns for their own safety or fears that they would be considered potential accomplices because of their connections to Fuller. The prior statements of the witnesses were provided to the defense lawyer prior to the trial by the prosecutors and were used by the defense to unsuccessfully attack the credibility of the witnesses. Judge Wherry ruled that the use of such witnesses was a routine practice in criminal trials and there was nothing improper in this process.

The Herald was unable to reach Hundertmark and did not try to contact Bonner for its story, a step that probably would have prevented the error.



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