Schuback, convicted of killing pizzeria owner Baron, denied new trial

SCRANTON – Justin Schuback, found guilty of killing Old Forge restaurateur Robert Baron during a robbery of his pizzeria in 2017, was denied a new trial by Lackawanna County Judge Terrence Nealon.

In May, a jury found Schuback guilty of first degree murder. In July, Nealon sentenced Schuback to life in prison, in addition to 7.5 years behind bars for robbery and burglary.

Schuback’s attorneys sought a new trial based on two alleged instances of the Baron family’s conduct during the trial.

The first instance was during Robert Baron Jr.’s testimony, during which his sisters shook their heads, seeming to disagree with his timeline of the night of the murder.

During the break that followed the testimony, the district attorney’s office, defense attorneys and Nealon became aware of what happened. Nealon directed the prosecution to advise Baron’s family to refrain from such behaviors, or they would be removed from the courtroom.

In a memo addressing the request for a new trial, Nealon noted that defense counsel did not raise any objection or request any type of court action following that incident.

The second instance referenced by defense attorneys in requesting a new trial, was the Baron family reaction to Cpl. Greg Allen testimony, during which Baron’s daughters appeared to be crying. During a recess, Nealon directed prosecutors to inform the family they needed to keep their emotions under control or they would not be allowed to remain in the courtroom.

Nealon noted defense attorneys, who had been informed of the situation, hadn’t requested a mistrial, voiced objection or request any kind of court “relief,” at that time.

In an Order dated Dec. 17, Nealon denied Schuback’s request for a new trial, following the submission of memorandums by both the prosecution and defense, and oral argument on Oct. 25.

Schuback and his defense attorneys have 30 days to appeal the decision to the Superior Court of Pennsylvania.