'85 Woolwich Murder, Attempted Murder Affirmed

PRESS RELEASE
June 8, 2011
For Immediate Release
Contact: Bernie Weisenfeld- PIO

The conviction of David Russo (DOB 4/27/55), of Dover DE, serving a life sentence for the fatal shooting of a man and attempted murder of another man and a woman at a Woolwich Township NJ service station in 1985, was affirmed today by the Appellate Division of New Jersey Superior Court.

The appeals panel ruled on Russo’s appeal of his unsuccessful petition for post- conviction relief, which was denied by Superior Court Judge M. Christine Allen-Jackson in June 2009. Russo previously filed a direct appeal of his 1987 jury trial conviction and sentence with the appellate division, and that was denied.

In today’s 17 page decision, the appeals judges found no merit to Russo’s claims that he had ineffective trial counsel and that his defense of diminished capacity due to depression was not fully explored.

In a brief opposing Russo’s appeal, Assistant Gloucester County Prosecutor Joseph Enos maintained the defendant’s lawyers were diligent in his defense, one meeting with Russo for some 80 hours of pre-trial discussions and as a team effecting an overhaul of Gloucester County’s jury selection system, claiming it was unfair, before his trial.

Enos also found no indication of diminished capacity in Russo’s actions, traveling from Dover, shooting three people “in cold blood,” taking a money bag as well as steps to dispose of the evidence” and returning to Dover “without incident.”

Russo had come upon Petteti’s auto shop when his car was repaired there after a breakdown a week or two earlier, so “defendant was well aware of the manner and time of the processing of the day’s receipts,” Enos wrote. And he arrived to rob the shop “at the appropriate time” on March 7, 1985, he said.

Killed when Russo fired point-blank at three victims ordered to lie on the office floor was employee Joseph Iovanisi. Critically wounded was shop visitor Ann Kiley. Also wounded was Dino Rossi, an employee of the Petteti shop.

“Sometimes these terrible crimes fade from the public’s memory as the defendant avails himself our state’s appeals process,” sid Gloucester County Prosecutor Sean F. Dalton. “Fortunately, we have assistant prosecutors like Joe Enos, who don’t forget and do a great job ensuring the jury’s decision is upheld.’

Russo continues to serve a sentence of life plus 20 years, with a 40-year period of parole ineligibility.