Ferrante, convicted of wife’s cyanide death, seeks new trial
Request says lawyers’ work was ineffective
The former University of Pittsburgh neuroresearcher who was convicted of killing his wife with cyanide is asking for a new trial based upon claims of ineffective assistance of trial counsel.
Robert Ferrante, 70, who is serving a life sentence at the State Correctional Institution Houtzdale, Clearfield County, was found guilty of first- degree murder in November 2014 for the April 20, 2013, death of his wife, Dr. Autumn Klein, who led the women’s neurology program for UPMC.
She had collapsed three days earlier at the couple’s home in Oakland’s Schenley Farms section.
Police said Ferrante — suspecting that his wife was going to leave him — poisoned her by putting cyanide in her drink when she returned home from work late April 17. Ferrante has continued to deny the allegations.
In his 27- page petition for postconviction relief, filed in Allegheny County Common Pleas Court, Ferrante lays out a number of claims against trial counsel William Difenderfer and Wendy L. Williams, alleging that actions taken by them — or not taken — led to his conviction.
Mr. Difenderfer said Monday that he had not read the whole petition.
“I certainly understand that ineffective [ assistance] is the last resort,” the attorney said. “Once I read it closer, I’ll be able to make a more in- depth comment.”
If a hearing is scheduled by the trial judge, Jeffrey A. Manning, as Ferrante has requested, Mr. Difenderfer said he would likely be called to testify.
“At that point, I’m sure all the
answers will be given.”
Ms. Williams said she has a clear conscience about her representation.
“We absolutely fought for Bob’s freedom and life in that case,” Ms. Williams said.
But, she added, “I think it’s extremely important to have a critical eye, a third party, critique our work. I think that’s an extremely important part of the process. I don’t take offense to any of it. If, in the end, Dr. Ferrante would receive a new trial, it would make me happy.”
Among the issues included in the petition filed by appellate attorney Chris Rand Eyster:
• Trial counsel failed to take advantage of a change of venire — bringing in a jury from elsewhere — approved by the judge based on pretrial publicity.
Ferrante’s defense filed a motion to have the trial heard by an out- of- county jury, which Judge Manning approved. But weeks before trial was scheduled to begin, the defense said it would stick with an Allegheny County jury.
Mr. Eyster wrote in his petition that it was impossible for his client to get a fair trial from a local jury given the extensive coverage of the case.
• Mr. Difenderfer repeatedly said during the trial that he didn’t understand the science in the case. The petition quotes Mr. Difenderfer as saying in one part of the transcript: “‘ I’m just a confused lawyer ... it’s over my head.’ ”
By making such statements, Mr. Eyster said, Mr. Difenderfer was undermining any confidence the jury may have had in Ferrante’s defense.
• The defense made statements throughout trial that cyanide was present in Dr. Klein’s blood, “completely undermining the defense that Klein died from cardiac dysrhythmia.”
• The defense failed to effectively challenge Quest Diagnostics, which was the lab that found that Dr. Klein had a lethal level of cyanide in her blood.
Among the allegations: Quest staff did not follow the lab’s own standard operating procedures in conducting the cyanide test; staff there changed the results improperly; and a math error went unchallenged.
• The defense failed to challenge medical evidence that would have undermined the prosecution’s conclusion that Dr. Klein died of cyanide poisoning.
That includes evidence, Mr. Eyster wrote, that Dr. Klein’s organs were donated, and years after her death, the person who received her liver remains healthy. In addition, Mr. Eyster argued that considering the quick speed with which cyanide dissipates in the human body, the lethal level reported by Quest could not have been that high so many hours after ingestion.
Ferrante is seeking an evidentiary hearing for his claims.
The state Supreme Court on Aug. 1, 2018, declined to hear Ferrante’s appeal. His conviction had been upheld by the state Superior Court in January 2018.