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<p>WILKES-BARRE &#8212; A man convicted of first degree murder nearly 24 years ago wants a new trial.</p><p>Robert Powell, 51, in appeal papers filed Thursday through his attorney Mary Deady, alleges ineffective counsel and says newly discovered evidence favors him.</p><p>Former Luzerne County judge Gifford Cappellini on Oct. 8, 1991, found Powell and his brother Paul Powell, 54, guilty of first degree murder in the Feb. 5, 1990 slaying of 36-year-old Roy Myran.</p><p>The brothers are serving life sentences for the fatal shooting.</p><p>According to Robert Powell&#8217;s appeal papers, Charles Eckhart, who testified against the brothers at trial, wrote a letter to Paul Powell admitting the brothers were intoxicated the night of the incident.</p><p>The document says Eckhart previously withheld that information for fear of his own safety.</p><p>Powell&#8217;s filing also alleges a potential witness, Stanley Petroski, who was unable to be located at the time of trial, would also testify to the brothers&#8217; intoxication.</p><p>Petroski gave a written statement to police at the time of the incident, the document says.</p><p>The document alleges Powell&#8217;s trial counsel was ineffective for failing to locate Petroski.</p><p>According to Times Leader archives, Powell claimed self-defense in the Wood Street shooting.</p><p>His brother, Myran and other bar patrons got into a fight earlier in the evening, and Powell said he brought a rifle to the bar to make ensure his brother got a fair fight.</p><p>One round from Powell&#8217;s .30-.30 caliber rifle pierced Myran&#8217;s head, and another grazed the head of the Hanover Township man&#8217;s friend.</p><p>Cappellini in 1993 vacated sentences the brothers were serving on two counts of criminal conspiracy, according to court papers, while previous attempts to appeal the murder sentences have been unsuccessful.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2015/07/web1_Powell_Robert1.jpg">
<div class="neCaption">Robert Powell is seen in this Times Leader file photo from the early 1990s. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2015/07/web1_Powell_Robert1.jpg</photo0><caption0>Robert Powell is seen in this Times Leader file photo from the early 1990s. </caption0><photoCredit0></photoCredit0></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2015/07/web1_Powell_Paul1.jpg">
<div class="neCaption">In this Times Leader file photo, police escort Paul Powell in the early 1990s. </div></div><div class="metaInfo"><photo1>https://www.timesleader.com/wp-content/uploads/2015/07/web1_Powell_Paul1.jpg</photo1><caption1>In this Times Leader file photo, police escort Paul Powell in the early 1990s. </caption1><photoCredit1></photoCredit1></div></div>
<div class="metaInfo"><bylineMeta><p>By James O&#8217;Malley</p><p>jomalley@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach James O&#8217;Malley at 570-991-6390 or on Twitter @TL_omalley.</p></shirttailMeta></div>

Man convicted in 1990 murder wants new trial