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Callahan, 28, was charged with and previously convicted twice of the 1997 murder of Micah James Pollock in Pine Run, Beccaria Township. Callahan was found guilty of Pollock's murder in 1998 and in 2007. Both convictions were overturned by the Pennsylvania Superior Court.
Prior testimony revealed Callahan threatened to kill Pollock if he did not stay away from his ex-girlfriend.
Callahan has claimed he was under the influence of drugs when he accidentally shot Pollock in the back while hunting.
The day after the shooting Callahan returned to where he had buried Pollock with pine branches. He tried to stuff the body in a garbage can but when it did not fit, he tied it to a vehicle and dragged it to a beaver pond where he dumped it. Meanwhile a search for Pollock began on Nov. 7 and lasted until his body was found on Nov. 11.
A jury of five men and seven women took less than two hours to arrive at the verdict, which came around noon Thursday. The jury at one point asked President Judge Fredric J. Ammer,man for clarification on the difference between first- and third-degree murder. Callahan was also found guilty of aggravated assault and abuse of a corpse. Callahan lowered his head a bit and shook it when the verdict was read.
Ammerman noted that the conviction comes with a mandatory life sentence, which does not leave counsel much to discuss. He then sentenced Callahan to life in prison without parole.
Ammerman said the victim's father had wanted to speak before sentencing but because he spoke at a previous sentencing hearing, Ammerman said he would not ask him to speak again.
In an interview after the verdict was read, Ron Klotz, the victim's father, said no one he talked to had ever heard of a case getting three trials. He acknowledged there were "small loopholes" but stressed there needs to be changes in the appeal system.
"Taxpayers ought to be outraged at this," Klotz said.
When asked how he felt when Callahan told his version of the story on Wednesday, Klotz said it "made me sick" and was "very irritating."
"I think it was well rehearsed," he said.
Although Callahan said he was haunted by what he had done, Klotz didn't buy it.
"I don't think he lost a minute of sleep over it," Klotz said.
Klotz did want to thank the jury for listening well and doing such a good job. He thought District Attorney William A. Shaw Jr. did an "excellent job." He especially complemented the staff of the Victim/Witness program, Judy Shirey, Margie Rosselli, Tammy Kyler and Terry Gasbarre who he says are like family now.
Overall he said the verdict was a relief and now he said he will try to have a normal life.
The trial revolved around whether Callahan intended to shoot Pollock or if it was a joke gone wrong. When Callahan testified, he admitted to the shooting and to dragging the body to the beaver pond. He essentially verified the commonwealth's case when he outlined the events of that fateful day. His variations however, were the subject of the closing arguments Wednesday.
Defense attorney R. E. Valasek argued why anyone would commit a murder in such close view of a road. Valasek tried to dispute testimony from a witness who heard Callahan threaten to kill Pollock while they were at school. He painted a picture of a group of teens he said spent most of their time stoned.
"These kids lived on the edge," he said. "They were 14, 15 and 16 years old and high as hell."
Valasek said those kids were "just waiting for an accident to happen."
Shaw questioned why, if someone were just pointing a gun as a joke, he could hit the victim "smack dab center between the shoulder blades."
"However, if you were going to shoot to kill, where would you aim? Where the bullet was planted. He intentionally pointed it and shot him in the middle of the back," Shaw said.
He reminded the jury of the threats to kill Pollock that Kaylee Peacock McClellan and Stephanie Miller heard just days before the murder.
As for Callahan's claims he was under the influence of drugs, Shaw noted that he was able to form a plan to hide the body. Shortly after the crime, Callahan talked with his mother and borrowed her car, which is not something a mother would allow if her son were under the influence.
Other members of his social group also rode around in a vehicle Callahan was driving that evening and all testified that he appeared normal.
"His own actions establish that he hadn't lost his faculties," Shaw said.
A song lyric of "AC is down with OJ" was mentioned in some of the testimony as something Callahan was playing and pointing out to others. Callahan in his testimony claimed it was because the police were following him around like they did O.J. Simpson.
Shaw questioned if that was something someone would say if the incident had been an accident.
"Or are you cool now because you killed Micah Pollock?" Shaw asked.
Shaw repeated Valasek's comment that the case was important because Andrew Callahan's life was on the line. Shaw corrected that with "it's important because someone else does not have a life."
Callahan received a third trial because his initial conviction was overturned by the Pennsylvania Superior Court in April 2006 due to the jurors being given an incorrect clarification on the impact of voluntary intoxication on the charge of first-degree murder.
During the original trial, Callahan was found guilty of first degree murder, but was acquitted of involuntary manslaughter. For the second trial, the charge of involuntary manslaughter was not included due to a possible double jeopardy issue. That left the defense to try the case without presenting this mitigated defense to the jury. In Dec. 2008 the superior court ruled that the trial court erred in not charging the jury on the lesser charge of involuntary manslaughter and granted the third trial.
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Reported by Julie Rae Rickard, C-E correspondent. Email: jrickard@thecourierexpress.com.
