Jury conduct questioned in appeal of Apollo man's conviction for wife's murder

The lawyer for an Apollo man sentenced last month to life in prison for the first-degree murder of his estranged wife claims improper conduct by jurors should have warranted a mistrial.

In court documents filed Monday, defense attorney Adam Gorzelsky claimed one juror improperly contacted an assistant district attorney during the trial, and others complained the case was taking too long. Gorzelsky said panelists reported some had prematurely reached a decision before the conclusion of testimony and potentially influenced other jurors.

Following a four-day trial in November, Alfred Steele, 44, was convicted of first-degree murder for the fatal shooting of his wife, Kelly, on May 14, 2022, inside a U-Haul storage facility in Lower Burrell. Steele said his wife was killed when a gun he was holding accidentally discharged during an argument.

Steele attempted to apologize to his surviving children during a sentencing hearing last month.

Two alternate jurors were dismissed before the last day of the trial that featured Steele’s testimony, closing arguments and jury deliberations. Westmoreland County Common Pleas Judge Meagan Bilik-DeFazio rejected defense calls for a mistrial and allowed the case to reach a verdict.

The defense, in its appeal, is again seeking a mistrial and that the guilty verdict be overturned.

“There simply were so many issues with this jury panel that the probability of unfairness to Mr. Steele cannot be avoided,” Gorzelsky wrote.

Those issues included an allegation that one juror sent a text message to an assistant district attorney, who was not participating in the prosecution of the case, to complain about the speed with which evidence was being presented against Steele. According to a transcript of closed-door testimony during the trial, an alternate juror in a text message referred to the prosecuting attorney as “stupid,” claimed three jurors fell asleep during testimony and urged the assistant district attorney to “just … get to the point.”

That juror did not previously disclose a friend relationship with a member of the district attorney’s office, Gorzelsky said.

Other jurors reported discussions by another alternate about how the case should be decided as well as concerns that the trial could extend into the following week.

Gorzelsky, in the appeal, suggested the jury’s verdict was possibly influenced by its desire to end the case quickly.

“Jurors annoyed with the length of trial and who have already made up their minds are less likely to consider all details in conducting a thorough deliberation,” Gorzelsky wrote in the appeal.

All jurors were interviewed by the judge and lawyers midtrial. Bilik-DeFazio rejected Gorzelsky’s initial call for a mistrial, saying she found the jury to be untainted and able to reach a fair verdict.

Melanie Jones, spokeswoman for Westmoreland County District Attorney Nicole Ziccarelli, declined to comment, citing the ongoing appeal filed by Steele.