By NANCY LOWRY

nlowry@ncnewsonline.com

An additional hearing may be required to determine if Floyd Monaco can present his argument to be released from prison.

Monaco, 58, pleaded guilty on Nov. 26, 1979, to a general murder charge for shooting former Pennsylvania State Trooper Albert J. Izzo Jr. on June 12, 1979. Izzo was working as an undercover agent with the drug enforcement bureau of Zelienople when he was shot by Monaco during a Mahoningtown drug raid.

Monaco’s plea was accepted by Senior Judge J. Quint Salmon who found the former Mahoningtown resident guilty of first degree murder. On Jan. 19, 1982, Monaco was sentenced to life imprisonment. He has been in jail since June 1979.

Monaco, now housed in the state correctional facility in Greensburg, filed a post-conviction relief act petition seeking his release from prison. This is the fourth time he has filed such a petition.

A veteran of the Marine Corps, Monaco served in Vietnam from 1968 to 1970. According to court papers filed by his attorney, Caroline M. Roberto of Pittsburgh, on April 26, 2007, Monaco was diagnosed with combat-related, post-traumatic stress disorder.

In court papers, Monaco said the disorder caused him to panic and fire his weapon when he was charged by armed, nonuniformed men on the day of the shooting. The disorder might also explain his behavior and drug addiction.

In light of the diagnosis, he said in court papers, he could qualify for a plea of third-degree murder or voluntary manslaughter. Both of those charges carry specific prison terms and provide the opportunity for parole.

However, before he can make those arguments, Monaco must prove that he filed his post-conviction relief act petition in a timely basis.

Assistant District Attorney Thomas Minett contended that this was not done. Minett said Monaco had his diagnosis in 2005 and should have made his request then.

“It’s a question of what did he know and when did he know it,” Minett said after yesterday’s hearing. Under the law, Minett said, Monaco had 60 days to file his petition after the diagnosis was confirmed, Minett said.

“This is way beyond that,” he said.

Minett asked to see documents that Monaco and his attorney could not provide. If the documents show the case was not filed in a timely manner, the other points might never be argued, Minett said.