Mistrial declared in Chesco love-triangle killing

Expressing regret and quoting Shakespeare, a Chester County Court judge declared a mistrial in a murder case Friday after three full days of testimony.

Judge Thomas G. Gavin said a witness' recounting of a derogatory comment made about the defendant, Morgan M. Mengel, by her father would likely prevent her from getting a fair trial.

Mengel, a 36-year-old West Goshen Township mother of three, is accused of conspiring with her lover, Stephen Shappell, 22, of Broomall, to kill her husband, Kevin Mengel Jr., 33, on June 17, 2010.

On Thursday, a West Goshen police officer testified that while investigating the case, he met with Mengel's father, Jan Wixon, who reportedly said his daughter "could be despicable."

Although the judge instructed the jury to disregard the remark as inadmissible hearsay, Matt Nelson, one of Mengel's attorneys, argued that the statement amounted to "character assassination" and irrevocably tainted the jury.

Chief Deputy District Attorneys Patrick Carmody and Nick Cassenta countered that given the totality of the evidence, the jury was unlikely to be swayed by a passing comment and it did not warrant a remedy as extreme as a new trial.

The judge, who said he stayed up until 11 p.m. Thursday researching the law, said the prosecutors' strategy of trying to portray the defendant as despicable enough to commit murder reinforced "the damning impact" of the comment, particularly because of the speaker.

Gavin said he was reminded of a line from The Merchant of Venice: "It is a wise father that knows his own child." The judge said he recognized that a "retrial is burdensome . . . but it's a small price to pay to ensure a fair trial."

Jack McMahon, the lead defense attorney, concurred.

"There's no way a reasonable juror could disregard a father's comment that she's despicable," he said.

District Attorney Tom Hogan dissented, but said he recognized and respected the judge's authority.

"Justice has been delayed here, but justice is still coming for Morgan Mengel," Hogan said.

McMahon said it was unfortunate that closure was delayed, especially for the victim's relatives, who had endured some painful testimony and left the courtroom in tears after Gavin's decision.

He also recalled a sentence in one of his client's letters introduced as evidence that said: "I just want to know what my fate is."

Despite the ruling's negative impact, McMahon said Gavin made the right call.

"It's better to deal with it now rather than kick the can down the lane and have to start over again in two years," he said, suggesting that a conviction would have been appealed.

When the case is retried, Shappell, who pleaded guilty in December and received a 40- to 80-year prison term, is expected to testify against his former paramour.

Prosecutors contend he and Mengel attempted to poison the victim by spiking his Snapple with liquid nicotine. When the toxin failed to take effect, Shappell fatally bludgeoned his employer with shovels from the landscaping business the Mengels owned.