Appeal relies on witness leniency in Laflin arson/homicide convictions

Feb. 7—WILKES-BARRE — Upheld by the Pennsylvania Superior Court, convicted arsonist and triple murderer Preston Bonnett is seeking a new trial based on what he contends was false testimony by his ex-girlfriend.

Bonnett, 33, through his appellate attorney, Curt Michael Perkins of Scranton, alleges prosecutors did not correct the testimony of Tyla Marie Griffin, 35, when she testified about being sentenced to probation in September 2018, on retail theft and access device fraud convictions instead of being sent to prison.

Bonnett claims prosecutors were lenient in pursuing prison for Griffin due to her testimony they needed at his Luzerne County jury trial held in May 2019.

The jury convicted Bonnett of intentionally setting a fire to the Oakwood Drive, Laflin home of Susan Major that claimed the lives of her children, Erik Dupree, 16, Devon major, 12, and Ezekial Major, 7, on Oct. 25, 2017.

Bonnett and Griffin resided with Major for a short time before they were evicted.

During the trial held before President Judge Michael T. Vough, Griffin testified after they were evicted, she said Bonnett made comments about burning Major's house.

In his petition for Post Conviction Relief, Bonnett alleges his trial attorneys, Bernard J. Brown, Mary V. Deady and Stephen W. Geist were ineffective in not properly impeaching Griffin.

Bonnett further claims prosecutors intentionally failed to correct Griffin's testimony about receiving probation instead of going to prison on her retail theft and access device fraud cases.

"Their legal duty is to correct false testimony and it was false," Perkins argued during the PCRA hearing before Vough on Wednesday. "One of their witnesses (Griffin) gave false testimony and it wasn't corrected. This is a Constitutional violation."

District Attorney Sam Sanguedolce who, along with Assistant District Attorney Daniel M. Marsh and former assistant district attorney Thomas J. Hogans prosecuted, said in response Griffin may have provided a "misstatement" but there was "an overwhelmingly sufficient" evidence to convict Bonnett.

Sanguedolce said Bonnett's trial lawyers were informed days before Bonnett's trial in May 2019, that prosecutors did not object to Griffin receiving probation.

Vough said he will issue a ruling at a later date.

The Superior Court in September 2020, upheld Bonnett's conviction and three consecutive life sentence on appeal when Bonnett challenged the testimony of a state police deputy fire marshal.

Bonnett was convicted on one count each of second degree murder, third degree murder and arson for each of the three boys for a total of nine charges.