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With his legs shackled and his scraggly, graying beard falling onto his chest, convicted kill-for-thrill murderer John C. Lesko sat in the witness chair Friday and conceded testimony he might have given two decades ago would not have paved the way for his acquittal.

Looking older but strikingly similar to the way he appeared shortly after his arrest in early 1980, Lesko told Westmoreland County Judge Richard E. McCormick Jr. he wanted to testify but was never given an opportunity to do so at his murder trial 22 years ago.

Lesko, 42, formerly of Homestead, Allegheny County, contends he is entitled to a new murder trial for the Jan. 3, 1980, slaying of Apollo police Officer Leonard Miller because he was not allowed to testify at his trial.

"I told him I wanted to testify, but I didn't know I had the absolute right to do so," Lesko said.

Lesko, along with co-defendant Michael Travaglia, were convicted of first-degree murder and sentenced to death in 1981 for Miller's shooting. Lesko was again condemned to death in 1995, after a federal appeals court vacated the first sentence. Travaglia's death sentence was vacated in 1998, and he is awaiting a new penalty phase hearing.

As part of his latest appeals, Lesko claims the court-appointed lawyer who handled his defense through 1995 was inadequate in part because he did not permit him to testify at his 1981 trial.

His new defense lawyers contend Lesko never formally before trial Judge Gilfert Mihalich waived his right to testify. Court records from the 1981 trial include a transcript in which Travaglia is questioned by the judge about his decision not to testify. No transcript exists of Lesko similarly waiving his right to testify, according to new defense attorney Robert Dunham.

Lesko was called as a witness yesterday to say he wanted to testify in 1981.

During a 10-minute appearance on the witness stand yesterday morning, Lesko responded to most questions with either a "yes, sir" or "no, sir" reply.

He only elaborated when asked about why he wanted to testify.

Lesko said he told his former court-appointed defense attorney, Rabe Marsh, that he wanted to refute incriminating evidence offered by two witnesses who suggested there was a premeditated plot to kill a police officer.

One witness testified at the trial that Lesko told him he wanted to kill a police officer.

The other evidence Lesko wanted to counter involved testimony from a 16-year-old boy who was an eyewitness to the Miller shooting. That witness testified Lesko told him shortly before the Miller murder that shots were going to be fired.

"I told him (Marsh) there were some things commonwealth witnesses said I wanted to talk about. ... I told him I wanted to testify," Lesko said yesterday.

District Attorney John Peck asked Lesko if he thought that testimony would lead to a not-guilty finding.

"As for an acquittal, I don't think so," Lesko said, suggesting it could have resulted in a guilty verdict on a lesser charge.

He told Peck he would have admitted to the jury that he had three other convictions for murders he committed with Travaglia during their eight-day killing spree that ended with Miller's shooting.

Lesko's defense team yesterday concluded their case for a new trial and sentencing hearing. Prosecutors now will be given an opportunity to call witnesses at another hearing to be scheduled later this year.

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