In The Press : Com. vs. Wholaver
Wholaver Sentenced For His Role In Slayings
Testimony against brother led to triple-murder conviction
The Patriot News
Friday December 03, 2004
By Reggie Sheffield
Of The Patriot News
“The only thing that could have made him more of a hero would have been if he had had the wherewithal to stand up to his overwhelming brother and stop these tragedies from occurring,” McShane said.
The man who made the case against his brother in the slayings of his sister-in-law and two nieces has been given 12 1/2 to 25 years in state prison for his help.
Scott Wholaver, 30, wept silently during a sentencing hearing in Judge John F. Cherry’s courtroom yesterday.
“I am very sorry,” Wholaver said in a barely audible voice.
He said nothing more before being led away in prison shackles.
Wholaver provided crucial testimony in the triple-murder trial of his brother, Ernest Wholaver, 44.
In August, a Dauphin County Court jury sentenced Ernest Wholaver to death for killing his estranged wife, Jean, 43, and his two daughters, Victoria, 20, and Elizabeth, 15.
The killings took place two years ago, on Christmas Eve.
The victims’ bodies were found on Christmas.
Police charged Scott Wholaver because he drove his brother most of the way to the family’s home on North Union Street in Middletown on the night of the killings.
Police and prosecutors charged that Ernest Wholaver killed his family in retaliation for child molestation charges they filed against him.
At the time of their deaths, he was awaiting trial on those charges.
His daughters had recently appeared at a district justice hearing on the charges and were expected to have been called as witnesses against him.
Scott Wholaver told jurors in August that he did not enter the house.
He also said that he did not know what his brother Ernest intended to do on the night of the killings.
Scott Wholaver later gave police investigators information that led to the discovery of the murder weapon and other evidence connecting his brother with the crimes.
“He told us things we didn’t know that later could be proved,” First Assistant District Attorney Francis T. Chardo told Judge John F. Cherry.
In June 2003, Scott Wholaver was sentenced to 121/2 to 25 years for the murder of Jean Wholaver.
His sentencing on crimes relating to the killing of Victoria and Elizabeth was delayed until yesterday to ensure his compliance with a plea agreement.
Defense attorney Justin McShane praised his client’s cooperation with police in the case, calling him the “bedrock” of the prosecution against his brother.
“I’ll even go as far as to say that Scott Wholaver is a hero,” McShane said.
“The only thing that could have made him more of a hero would have been if he had had the wherewithal to stand up to his overwhelming brother and stop these tragedies from occurring,” McShane said.
Yesterday, Scott Wholaver was given additional concurrent 121/2 to 25-year sentences, as well as concurrent 1- to 2-year sentences for burglary and criminal conspiracy.
Testimony during the trial painted the picture of a manipulative older brother, Ernest, who duped his brother and involved him, however peripherally, with the homicides.
“Ernest Wholaver used this man. Dominated him. Controlled him,” Cherry said.
Temporarily housed at the Dauphin County Prison for yesterday’s sentencing, Scott Wholaver will be transferred back to the state correctional facility at Somerset.
Ernest Wholaver is at the state correctional facility at Greene, where he is awaiting an appeal of his triple murder conviction.
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I am a single mother and because of work could not spend enough time watching over my son. Unfortunately, he became involved with gangs and out himself in a very bad position. One of his friends was involved in a homicide and my son was being charged as well.
My sister recommended Justin McShane and we decided to have him represent us. He worked really hard and was very prepared. He cross-examined every witness and in the end my son was acquitted of all of the felony counts and left with a misdemeanor.
When I took my son to Mr. McShane’s office to thank him, he went out of his way to talk to my son about his involvement in gangs. He explained how serious these charges were and that if he continued in that way he could get into a lot of trouble. It looks like my son took that to heart because he has been staying at home more and we’ve been talking about getting him back into school.
Thanks Justin. You’re not only a good lawyer but a good man with a golden heart.
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