UPDATE Convicted killer in 2004 child death gets new trial

Apr. 5—SUNBURY — Brentt M. Sherwood, who was convicted and sentenced to death in 2007 for the beating death of his 4-year-old stepdaughter, should receive a new trial, a senior judge has ruled in a 48-page brief filed April. 2.

Senior Judge Harold F. Woelfel Jr. issued his decision and said the state attorney general's office, which is prosecuting the case, has 30 days to appeal the judge's ruling.

Sherwood, 40, a former Northumberland resident, was sentenced to death in 2007 after a Northumberland County jury convicted him of first-degree murder in the December 2004 beating death of Marlee Reed.

During the trial, Sherwood admitted to punching and kicking the child repeatedly in their Northumberland home, but claimed he was high on cocaine and did not mean to kill her.

Sherwood had been seeking relief from a conviction of first-degree murder and the imposition of the death penalty and had originally listed 106 reasons why he should be awarded a new trial, including ineffective counsel, according to a 342-page Post Conviction Relief Act motion that was initially filed in 2012.

Sherwood, currently incarcerated at State Correctional Institution Greene in Waynesburg, was one of 152 inmates on death row in Pennsylvania before his sentence was vacated after a 2021 hearing in front of Woelfel. Sherwood also agreed to withdraw all Post Conviction Relief Act (PCRA) claims related to the penalty phase of his trial during the two-day evidentiary hearing, which was conducted for him through his new attorney, Edward Rymsza, of Williamsport.

On Feb. 13, 2015, Gov. Tom Wolf announced a moratorium on executions, citing concerns about innocence, racial bias and the death penalty's effects on victims' families. Wolf indicated that the moratorium would be implemented by granting reprieves to each death row prisoner who did not receive a stay of execution from the courts.

Woelfel's latest decision said Sherwood should be given a new trial because of ineffective counsel on multiple issues.

Woelfel wrote in the decision that the court was aware of previous concerns about Sherwood's defense attorney, Brian Manchester, handling the case.

The judge wrote that on one occasion during a charging conference, the trial court asked Manchester, "Are you with us?" to which Manchester replied, "I'm in a world of my own," according to the brief filed.

Woelfel granted the new trial after saying two points of the 19 mentioned had merit.

He said on their own they did not, but it was a cumulative effect of the fact Sherwood's ex-wife, Heather Goodeliunas, was given an informal plea agreement for her testimony after she was charged with crimes related to the death of the child.

Two months after Sherwood was sentenced to death, Goodeliunas pleaded guilty to an endangerment charge for not doing more to prevent the murder.

Goodeliunas pleaded guilty as part of a plea deal that would have spared her jail time.

At the time, Northumberland County District Attorney Anthony Rosini, who prosecuted the case, said the charge stems from the fact that Goodeliunas knew that her then-husband had abused 4-year-old Marlee, but took no action to protect her daughter from him. Because Goodeliunas — who had been using the name of Heather Sherwood, but changed her name following her divorce from Brentt Sherwood after his arrest — had no prior criminal record, sentencing guidelines indicate she would normally have received a penalty of five years of probation, Rosini said at the time.

Rosini said prosecutors agreed to the plea deal because Goodeliunas cooperated with prosecutors and testified against Sherwood during his trial.

During the trial, Goodeliunas said Marlee told her she'd been beaten by Sherwood seven times, but each time he denied it and said the girl was lying.

There was also testimony during the trial that Marlee was removed from the Sherwood home because of abuse allegations. The girl lived in foster care and with her grandparents before being reunited with her mother.

Woelfel said in his ruling Manchester failed to raise issues that could have given the jury a chance to evaluate Goodeliunas' credibility after she gave conflicting statements,

The judge also wrote Manchester did not cross-examine Goodelilunas about the plea agreement and conflicting statements. In combination with other errors made by Manchester, Sherwood should be given a new trial, he wrote.

Sherwood's new defense attorney, Rymsza, said he was thrilled to learn of the decision.

"It's the right and correct ruling, the stakes don't get much higher. He (Sherwood) already has a lot of time in jail," he said Friday.

Rymsza said he is unsure if the attorney general's office will appeal Woelfel decision.

Rymsza said it would be a discussion between the attorneys.