When Municipal Court Judge Wendy L. Pew, at the conclusion of the Sept. 26 preliminary hearing, dismissed all charges- including murder, voluntary manslaughter, official oppression and other offenses- against white ex-cop Mark Dial who, on Aug. 14, fired six shots through Eddie Irizarry’s rolled up car window just seven seconds after exiting his police vehicle and killing Irizarry, she did something that many experienced criminal defense attorneys described not only as absolutely unheard of but also as a blatant violation of the Pennsylvania Rules of Criminal Procedure.
And as a criminal defense attorney with more than 25 years of courtroom litigation experience, I wholeheartedly agree with them on both counts. Here’s why.