MERCER Request delays murder trial

Atty. Wayne Hundertmark said he is prepared to go forward with the case, but Leon Grande wants new counsel.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
MERCER, Pa. -- Leon Grande, who is accused of murder, is getting a new attorney after learning that his attorney is under a doctor's care for depression.
Judge Francis J. Fornelli of Mercer County Common Pleas Court said he granted Grande's request for new counsel after his attorney, Wayne Hundertmark of Venango County, disclosed that he is being treated for depression and that, for the past 15 years, he has been recovering from an addiction to certain medicines and alcohol.
The disclosure came in a Thursday pretrial hearing for Grande, 59, of Shenango Township, who was to go to trial this month on charges of first- and third-degree murder.
Despite his medical problems, Hundertmark said he is prepared to go forward with the case, but Grande has asked for a new attorney. Fornelli said he is required to grant that request.
Fornelli said Hundertmark's admissions were done as full disclosure to Grande to ensure that he gets proper representation at his trial.
Judge surprised: They came as a complete surprise, Fornelli said, noting for the record that Hundertmark has tried numerous cases in Mercer County over the past 15 years and has always performed at the highest levels.
The judge said that he offered to appoint a backup attorney to aid Hundertmark with the case but that Grande refused.
Grande is accused of drowning his girlfriend, Deborra DeSantis, 47, in the bathtub of her home on Laurel Drive, Sharpsville on May 1.
Defense: Grande's defense is based on his own suffering from depression.
Hundertmark informed the court in January that he would argue a case of diminished mental capacity, maintaining that Grande suffers from chronic depression and was unable to form a specific intent to commit first-degree murder.
Fornelli said the change in attorneys will further delay the case, which was originally scheduled for October.
He said that he gave Grande 10 days to find a new attorney and that the new attorney will have three weeks to file any challenges to Hundertmark's handling of the case.
Further, the new attorney will have just 30 days to file any new motions in the case, Fornelli said, adding that Grande will now go to trial in May.