Philadelphia attorney wanted to be on TV during murder trial, ex-secretary says

Sep. 28—BLOOMSBURG — The attorney for convicted murderer Maria Sanutti-Spencer wanted to be on national television shows and never called important witnesses to the stand in his client's defense, according to testimony provided Monday in Columbia County Court.

Sanutti-Spencer, 55, of Selinsgrove, along with her father Anthony "Rocco" Franklin, 79, of Harrisburg, was arrested in 2014 by former Bloomsburg state police Cpl. Shawn Williams, now Shikellamy School District Police chief, for the murder of Sanutti-Spencer's ex-husband, Frank Spencer, 46, of Millville.

Williams said Sanutti-Spencer and her father plotted to kill Frank Spencer, who was found shot to death in his Millville home on July 2, 2012. Sanutti-Spencer was convicted in 2015 for the murder, her father was convicted in 2018.

This week's proceedings are an attempt by Sanutti-Spencer to be granted a new trial based on what she said is evidence her attorney, Christian Hoey, of Philadelphia, did not represent her best interests during the case.

On Monday, Beth McNulty, the former secretary to Hoey, testified Hoey refused to take his client's phone calls, collect evidence, and bragged Sanutti-Spencer's case would land him on "Dateline" or "48 Hours."

"I couldn't believe I was hearing this," she testified Monday during a scheduled two-day Post Conviction Relief Act hearing in Columbia County Court. "He bragged about her (Sanutti-Spencer) case."

Sanutti-Spencer was present for the hearing and sat with her attorney Frank McCabe, of Kingston, Luzerne County. Chief Deputy Attorney General James Barker is prosecuting the case for the state.

Sanutti-Spencer played an active role on Monday as she took notes and spoke with McCabe throughout the proceedings. Somerset County Senior Judge David C. Klementik is presiding over the case.

McCabe questioned the former legal secretary about Hoey's actions during the weeklong trial in 2015.

"He (Hoey) was frustrated he had to make the drive every day," McNulty said. "He also was taking new clients on during the trial and would meet with them at night."

Sanutti-Spencer, who is set to testify today, had a slew of witnesses, all of which were told they would not be needed during her trial.

One of those was her brother, Anthony Sanutti, of Selinsgrove. Sanutti testified Monday he spoke with Hoey at the end of each day of the trial and that he told Hoey he had received a confession for the murder from Franklin.

"I went to my mother's house and my father was there," Sanutti testified. "He told me he wanted to talk to me and we went for a walk. He didn't want any cellphones and he took the battery out of his."

It was then Sanutti said, Franklin admitted he shot and killed Spencer.

Sanutti said his father told him he shot Spencer at a distance, then when Franklin approached Spencer, Spencer had some last words. Sanutti testified his father told him Spencer said, "you got me," before Franklin admitted he then shot him a second time, killing him.

McCabe asked Sanutti if he was prepared to testify during his sister's trial. Sanutti said he was but that Hoey never called him to the stand.

Sanutti testified that, prior to the murder, his dad showed up at the bar he owned, The Brass Key, in Sunbury, and asked him to go shooting with him.

Sanutti said the two went shooting on a friend's land and that Sanutti sighted in his father's rifle.

Sanutti-Spencer's two children, Frankie Spencer, and Cyrus Spencer, also both testified Monday they both met with Hoey but when it came time for trial, they were told they would not be testifying.

Cyrus Spencer testified Monday had he been called to the stand in 2015, he would have told a jury that he was with his mother the night of murder and that he stayed in the same bed with her because she was sick at the time of the shooting. Cyrus Spencer said he woke up at 6 a.m. the day of the shooting and that he believes his mother was in the bathroom because he heard sounds. At 8:30 a.m., Cyrus Spencer said he woke up for the day and walked upstairs and saw his mother watching cartoons in fuzzy slippers.

Fire specialist Tim Wihelm, of Robson Forensics, of Lancaster, also testified he was contacted by Hoey to review a case in which Sanutti-Spencer was being charged with arson at Frank Spencer's mother's house in Millville. The fire took place in January 2010, and the house was destroyed.

Wilhelm said he reviewed the case and his findings were that the cause was undetermined, even though state police said it was arson. Wilhelm said the fire was investigated by two different people prior to him and one agreed it was undetermined while the other said it was arson. Wilhelm said he believed the second investigation was conducted to favor the prosecution because there was no evidence of arson.

Wilhelm said he was prepared to testify during Sanutti-Spencer's trial but Hoey did not call him back after the attorney received Wilhelm's findings. Wilhelm said the only time he was contacted was by McCabe, years after the trial.

Melissa Sanutti, the niece of Sanutti-Spencer, testified her aunt was at her Selinsgrove home the night and morning of the murder. She said she saw her inside the home the night of and the morning of the shooting.

McCabe said Hoey, as well as Sanutti-Spencer, would testify this morning.

Barker said the proceedings may go beyond today in case he would need to bring any witnesses in to testify on behalf of the state.

The hearing is set to being again at 9 a.m.

The state Office of the Attorney General, which prosecuted the case, does not comment on pending cases, according to a spokesperson.