by Fred Rosen
Makoul had no reason to feel disappointed in her performance against the odds. His plea to the jury to consider the defendant’s complete background before judging him was Darrow-like in its eloquence. But unfortunately, he did not have long to live.
Three years later in 1998, Makoul died at the age of fifty-seven. But before he did, his frequent opponent, Bob Steinberg called him, “the conscience of defense lawyers.” Makoul’s obituary in the Allentown Morning Call quoted Steinberg’s line.
Steinberg stayed in the DA’s office for three more years after the trial, and then was elected as a Judge of the Court of Common Pleas for Lehigh County in November 1997. He got a second ten-year term in 2007. Brian Collins remains a top defense attorney in the county. Wally Worth died in 2006, at age eighty-six.
And because of their young ages, the three convicted murderers will probably survive everybody.
Nelson Benjamin Birdwell III a.k.a. Benny is in a Pennsylvania state prison in Greene County. He is thirty-seven-years-old and has now been in prison for nineteen of those years.
David Freeman is also in a Pennsylvania state prison in Mahanoy. He is thirty-five-years-old. That means that since he was sixteen, a minor, he has been housed for nineteen years in prisons with adult male offenders.
Bryan Freeman is thirty-six-years-old. He is away from his brother, serving his time in a prison in Coal Township.
As for the victims, the Jehovah’s Witnesses in the Allentown congregation continue to look at them as martyrs. Dennis, Brenda, and Erik would probably settle for resting in peace.
But perhaps the case’s most lasting legacy is what occurred on March 1, 2005 when, by a majority opinion of 5-4, the U.S. Supreme Court held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 when their crimes were committed. “When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity,” wrote Justice Kennedy for the majority.
No longer would a prosecutor be able to hold capital punishment over the head of a juvenile, ever again, in the United States of America. Had the decision come down a decade earlier, Brian Collins and Wally Worth would certainly have stopped their client from pleading guilty to first-degree murder.
IMAGE GALLERY
DA Bob Steinberg at a press conference during Ben Birdwell’s trial (photo F. Rosen)
Ben Birdwell being taken to court during his April 1995 trial (photo F. Rosen)
David Freeman’s attorneys Brian Collins (left) and Wally Worth (photo F. Rosen)
Trooper Joe Vazquez, the primary investigator in the Freeman murder case (photo F. Rosen)
The family home in which the Freeman brothers were raised (photo F. Rosen)
Ben Birdwell’s attorney, Richard Makoul (photo F. Rosen)
Three-year-old David (left) and five-year-old Bryan Freeman in December 1983 (photo published with the kind permission of Nelson Birdwell)
Erik Freeman at seven-years-old (photo published with the kind permission of Nelson Birdwell)
Two-year-old Bryan with his parents Brenda and Dennis Freeman in 1980 (photo published with the kind permission of Nelson Birdwell)
Dennis and Brenda Freeman on their wedding day (photo published with the kind permission of Nelson Birdwell)
The building which served as the Kingdom Hall where the Freeman family worshipped (photo F. Rosen)
Salisbury Township High School attended by David and Bryan Freeman (photo F. Rosen)
Bryan Freeman at his Michigan arraignment (photo courtesy The Morning Call)
David Freeman at his Michigan arraignment (photo courtesy The Morning Call)
Ben Birdwell at his Michigan arraignment (photo courtesy The Morning Call)
David Freeman being transported back to Allentown, PA for arraignment (photo courtesy The Morning Call)
Bryan Freeman in Allentown, PA for his arraignment (photo courtesy The Morning Call)
David Freeman in Allentown, PA for his arraignment (photo courtesy The Morning Call)
ACKNOWLEDGMENTS
Paul Blizard opened doors that had remained closed. Brian Collins gave support and friendship. Wally Worth set me straight.
Dick Makoul offered wise counsel, a wonderful meal, and fashion advice; he gets the award for Allentown’s best-dressed attorney.
Bob Steinberg offered perspective. Dan Kelly, of the Reading Eagle, was a welcome face throughout the grim proceedings. Finally, and most of all, I thank you, dear reader, for putting your hard-earned bucks down and buying this book.
All rights reserved, including without limitation the right to reproduce this ebook or any portion thereof in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of the publisher.
Copyright © 1996 by Fred Rosen
ISBN: 978-1-5040-2263-7
This edition published in 2015 by Open Road Integrated Media, Inc.
345 Hudson Street
New York, NY 10014
www.openroadmedia.com
FRED ROSEN
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