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Graf files court papers alleging lawyer ‘ineffective’

Gregory Graf, 56, of Northampton - convicted of and serving a life sentence on charges that he lured his stepdaughter, Jessica Padgett, to his home in November 2014, so he could kill her and then film himself having sexual relations with her dead body - has filed papers with the court blaming his lawyer for his predicament.

That lawyer is prominent Philadelphia Defense Attorney Jack McMahon, who is currently representing Allentown Mayor Ed Pawlowski on federal political corruption charges.

According to Graf’s handwritten appeal, he paid McMahon $60,000 to represent him on the murder charges. McMahon also had been representing Graf in a wrongful death action brought by Jessica Padgett’s family, as well as a divorce action filed by Graf’s wife, Danelle Bittner.

Danelle Bittner is also Jessica Padgett’s mother.

In the criminal case, Graf is now saying he “blacked out in a fit of anger” after getting into an argument with his stepdaughter. He claims he was under the influence of alcohol, marijuana and hallucinogenic mushrooms.

His statement is in sharp contrast to his confession to police.

For five days after Padgett’s murder, Graf participated in a search for her.

He confessed on the sixth day after her death, having buried his stepdaughter’s body behind the shed of his Allen Township home.

Police later discovered video of him performing sexual acts on her lifeless body.

It took a jury just six minutes to convict Graf. Graf filed no motion to overturn this verdict. He took no appeal.

Northampton County President Judge Stephen Baratta has scheduled a hearing for Aug. 18 on Graf’s claim that McMahon was ineffective. He also has appointed Easton Attorney Catherine Kollet to represent him.

Northampton County District Attorney John Morganelli, who called Graf’s claim “frivolous,” suggests his action is prompted, at least in part, as a result of the pending civil actions.

In the wrongful death action, Judge Anthony Beltrami has already granted judgment on the pleadings with respect to liability on most of the case. His June 30, 2017, order has deferred the question of damages for a trial.

In the divorce action, McMahon entered into an agreement in February on Graf’s behalf regarding distribution of the marital assets.

“He authorized me to agree to it,” McMahon reported in open court. “And that was through a telephone call made with him this morning.”

Graf denies that ever happened. He accused McMahon of skipping out on hearings, status conferences and meetings. He claims “both of the plaintiffs are partly culpable in the death of the victim ...” He failed to elaborate.

It is unclear why he is referring to “both of the plaintiffs” when there is only one plaintiff in the divorce case, who is now his ex-wife.