for Kent County RK15-04-0219-01 Perjury 1st (F)
RK15-04-0221-01 Conspiracy 2nd F)
REPORT AND RECOMMENDATION
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
J. Robertson, Esquire, Deputy Attorney General, Department of
Justice, for the State of Delaware.
T. Schweiger, Pro se.
M Freud, Commissioner.
defendant, Gerard T. Schweiger ("Schweiger"), pled
guilty on November 25, 2015 to one count of Perjury in the
First Degree, 11 Del. C. §1223, and one count
of Conspiracy in the Second Degree, 11 Del. C.
§ 512. He was also facing one additional count of
perjury in the First Degree and one count of Bribing a
Witness. Nolle prosequis were entered by the State
on the additional charges in exchange for Schweiger's
plea. As part of the Plea Agreement the parties agreed to
recommend a sentence of ten years at Level V. Schweiger faced
an additional eight years incarceration on the additional
pending charges had he gone to trial and been found guilty as
charged. Schweiger did not appeal his conviction or sentence
to the Delaware Supreme Court, instead he filed a motion for
modification of sentence that was denied on January 20, 2016.
Next, he filed pro se, a motion for postconviction
relief pursuant to Superior Court Criminal Rule 61 and motion
to compel on February 3, 2016. A briefing order was issued
but on May 24, 2016, Schweiger filed a "Motion to
Dismiss Postconviction Motion Without Prejudice." The
Court deemed Schweiger's Motion to Dismiss a "Motion
to Withdraw, Without Prejudice" and issued an Order to
that effect on July 7, 2016. Schweiger also filed a second
motion to withdraw guilty plea, a second motion to compel, a
motion for transcripts, and four motions for appointment of
counsel. All motions were denied. On October 7, 2016,
Schweiger tiled a motion for postconviction relief which was
designated his "first" motion as the previous
motion had been withdrawn, without prejudice. In the motion
he listed two grounds for relief. On December 2, 2016,
Schweiger filed a "Supplemental First" motion for
postconviction adding two more grounds.
charges stem from Schweiger's own Perjury and Conspiracy
with his co-defendant Phillip Wright, ("Wright"),
to commit perjury during Schweiger's trial for First
Degree Murder. In part, as a result of the perjury, Schweiger
was found not guilty on the Murder charge. Following his
acquittal Schweiger was taped in a phone conversation stating
how he got away with murder and admitting to committing
perjury during his murder trial. Additionally Wright was
confirmed to have been incarcerated on the date he had
claimed, in his testimony during the Murder trial, to have
met Schweiger which purported to establish an alibi for
Schweiger. Delaware Criminal Justice Information System
("DELJIS") records established Wright had in fact
been incarcerated when he claimed to have met Schweiger thus
demonstrating his Perjury. Further as Wright told police
Schweiger had approached him and asked him to lie at trial
and wrote down what he wanted Wright to say.
Schweiger's motion for postconviction relief filed
October 4, 2016, he raises the following grounds for relief:
Ground one: Ineffective Assistance of Counsel.
When entering my plea on Nov. 25, 2015, 1 year of probation
was added to my sentence. After, I signed my plea, with (sic)
over sentenced me and my legal counsel failed to ...