Bierly appeals Wilkes-Barre murder sentence

Ed Lewis, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Apr. 9—A man who admitted to killing a Wilkes-Barre woman inside her residence has filed an appeal with the Pennsylvania Superior Court challenging his lengthy state prison sentence.

Charles Reilly Bierly, 25, believes his 45-to-90 years in state prison is excessive for killing Judith Comisky, 52, in a plot orchestrated by James "Hollywood" Alberto, 35, on Sept. 16, 2021.

Luzerne County President Judge Michael T. Vough sentenced Bierly after he pled guilty to third-degree murder, criminal conspiracy to commit criminal homicide and illegal possession of a firearm on Nov. 22, 2023.

A jury convicted Alberto of first-degree murder, criminal conspiracy to commit criminal homicide and burglary following a week long trial before Vough in November 2023. Alberto was sentenced to life in prison with no parole plus 26-to-52 years in prison.

Vough recently denied a request by Bierly's attorney, John Pike, to modify or lower the sentence, resulting in an appeal with the state appellate court, which was filed April 2. Attorney Matthew Paul Kelly is handling Bierly's appeal.

In his request for a modified or lower sentence, Pike claimed Bierly was under the influence of fentanyl and methamphetamine when he killed Comisky and Bierly was not being treated for mental illness.

Bierly initially claimed Alberto threatened to harm his girlfriend and kill him if he did not kill Comisky.

However, during Alberto's trial, Luzerne County assistant district attorneys Drew McLaughlin and Julian Truskowski played video footage showing Alberto and Bierly fist-bumping each other just about one hour before Bierly killed Comisky.

Alberto, through his attorney, Frank T. McCabe II, recently filed a post-sentence motion seeking a new trial.

McLaughlin and Truskowski told the jury Alberto wanted Comisky killed because he wrongly believed she was providing law enforcement information about his street activities.

Bierly is jailed at the State Correctional Institution at Benner Township and Alberto is jailed at the State Correctional Institution at Smithfield.