Brother’s Deal Gives Hope For Conviction

Guilty plea made in Wholaver slayings

The Patriot News

June 13, 2003

By Reggie Sheffield

Of The Patriot News

“He was beside himself with grief,’ McShane said yesterday, adding that his client continues to be “very fretful.”

Scott Wholaver will provide the testimony that Dauphin County prosecutors hope will convict his brother, Ernest, of killing three people.

Yesterday, Scott Wholaver pleaded guilty to third-degree murder in connection with the killing of his older brother’s estranged wife, Jean.

Ernest Wholaver is charged with killing his wife and two daughters in their Middletown home on Dec. 24. Authorities say Scott Wholaver drove his brother to the home.

Scott Wholaver was sentenced by Judge John F. Cherry to serve 12 1/2 to 25 years in state prison. The plea agreement is designed to ensure his cooperation at Ernest Wholaver’s trial.

Scott Wholaver’s attorney, Justin J. McShane, said that his client is repentant for his actions.

“He was beside himself with grief,’ McShane said yesterday, adding that his client continues to be “very fretful.”

First Assistant District Attorney Francis T. Chardo agreed, telling Cherry that Scott Wholaver has remained “truly remorseful” for his actions throughout his cooperation with police.

Scott Wholaver still faces sentencing on the two remaining homicide charges for the deaths of his two nieces, Victoria, 20, and Elizabeth, 15.

Under the plea agreement, Scott Wholaver will be sentenced on those and burglary charges after he testifies to his part in the Christmas Eve slayings.

If Scott Wholaver does anything to prompt Cherry to nullify the agreement, he could face firstor second-degree murder charges, which carry a mandatory life sentence. Or he could face renewed third-degree murder charges, which carry a maximum of 20 to 40 years in prison.

Prosecutors are seeking the death penalty against Ernest Wholaver.

Cherry ordered the manacled Scott Wholaver, who appeared in court yesterday heavily bearded and wearing a white shirt and faded denim jeans, to be detained at the state prison in Camp Hill.

When Cherry asked if the plea was voluntary, Scott Wholaver said, “Yes.”

Police charge that Scott Wholaver, 28, drove Ernest Wholaver, 42, to his former home in the 800 block of North Union Street in Middletown.

Once there, police say Ernest Wholaver broke into the house and fatally shot his wife and two daughters.

Their bodies were discovered the next day, Christmas morning.

Victoria Wholaver’s 9-month-old daughter, Madison, was found unharmed in an upstairs bedroom.

Ernest Wholaver was on bail pending a trial scheduled for January on charges he had repeatedly molested his daughters. Police have alleged that he killed the girls and his estranged wife out of revenge and a desire to silence their testimony.

Police and prosecutors charge that when Scott Wholaver drove his brother to the house, he knew that Ernest Wholaver was forbidden to be there because of a restraining order and because of a restriction in his bail conditions.

Scott Wholaver’s testimony is important to the case against his brother because he is the sole witness to provide damaging testimony about the drive to Middletown on Christmas Eve and Ernest Wholaver’s entry into the house, according to court documents.

Ernest Wholaver’s attorney, Spero T. Lappas, continued to hammer away at the actions of police and prosecutors in the case and has said Scott Wholaver’s account is false.

“They could not now control Scott Wholaver any more if they had a ring in his nose and could lead him through the remainder of the proceedings,” Lappas said.

In papers filed in court earlier this week, Lappas called the police and prosecution’s handling of Ernest Wholaver’s case “an intentional, deliberate, reckless and wholesale violation” of his rights.

Lappas has asked that the charges against Ernest Wholaver be dismissed.

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