Van Deusen’s lawyer calls initial defense move “legal malpractice”
NORWICH – The second attorney for a local woman who has served most of her eight-year sentence for an alleged connection to the 2000 murder of a Norwich man said her original counsel fouled her defense from the start.
Cooperstown attorney Randel Scharf said in Chenango County Court Friday that in 2000, Tammie L. Van Deusen was never made aware of several critical facts that could have changed the outcome of the felony charges she faced. Scharf claims that the former Masonville woman’s first attorney, Jon Blechman of Binghamton, is guilty of legal malpractice for his 2000 handling of Van Deusen’s case.
After the investigation of the July 17, 2000 murder of Edward Pastore Jr., Van Deusen’s case was put before a Chenango County Grand Jury. Because of that jury presentation, Van Deusen was charged with second degree murder, second degree burglary, first degree criminal use of a firearm and conspiracy in connection with a home invasion. Scharf made the case Friday that Van Deusen’s poor representation that day violated her defense rights, and he said he would file a motion with the court accordingly.
“Miss Van Deusen wasn’t afforded notice of the grand jury proceeding,” Scharf said. “Attorney Blechman never bothered to inform Miss Van Deusen he was her lawyer.” The Cooperstown attorney, after calling Blechman’s alleged shirking of duty “legal malpractice,” said Van Deusen was never informed of what the function of a grand jury was or how it could impact her case.
After verbally laying his groundwork for the motion, Scharf told County Judge W. Howard Sullivan he wanted his client to face arraignment again, six years after the murder in question. “That’s the law, judge. That’s what she is entitled to,” he said.
Scharf made a similar argument in December of 2000 after taking the case from Blechman. He said in court then that the first attorney did not explain the ramifications of pleading guilty to robbery in the first degree, the count Van Deusen made the initial deal for. Prior to his client’s 2000 sentencing, he also brought up her not receiving legal notice of the grand jury convening.
Van Deusen appeared in court on Friday due to the New York State Court of Appeals’ recent throwing out of her guilty plea. The plea was rejected because the court found that Chenango court officials failed to fully inform Van Deusen of the terms of her plea bargain. Specifically, mention of post release supervision was not made prior to the plea being taken. District Attorney Joseph A. McBride said on July 5 that when Van Deusen took the plea, no case precedence or law required post-release supervision to be a part of it.
Sullivan did not issue any decision Friday, but instead asked the defense attorney and the DA to issue arguments in writing. Van Deusen’s next appearance will be July 27.
Cooperstown attorney Randel Scharf said in Chenango County Court Friday that in 2000, Tammie L. Van Deusen was never made aware of several critical facts that could have changed the outcome of the felony charges she faced. Scharf claims that the former Masonville woman’s first attorney, Jon Blechman of Binghamton, is guilty of legal malpractice for his 2000 handling of Van Deusen’s case.
After the investigation of the July 17, 2000 murder of Edward Pastore Jr., Van Deusen’s case was put before a Chenango County Grand Jury. Because of that jury presentation, Van Deusen was charged with second degree murder, second degree burglary, first degree criminal use of a firearm and conspiracy in connection with a home invasion. Scharf made the case Friday that Van Deusen’s poor representation that day violated her defense rights, and he said he would file a motion with the court accordingly.
“Miss Van Deusen wasn’t afforded notice of the grand jury proceeding,” Scharf said. “Attorney Blechman never bothered to inform Miss Van Deusen he was her lawyer.” The Cooperstown attorney, after calling Blechman’s alleged shirking of duty “legal malpractice,” said Van Deusen was never informed of what the function of a grand jury was or how it could impact her case.
After verbally laying his groundwork for the motion, Scharf told County Judge W. Howard Sullivan he wanted his client to face arraignment again, six years after the murder in question. “That’s the law, judge. That’s what she is entitled to,” he said.
Scharf made a similar argument in December of 2000 after taking the case from Blechman. He said in court then that the first attorney did not explain the ramifications of pleading guilty to robbery in the first degree, the count Van Deusen made the initial deal for. Prior to his client’s 2000 sentencing, he also brought up her not receiving legal notice of the grand jury convening.
Van Deusen appeared in court on Friday due to the New York State Court of Appeals’ recent throwing out of her guilty plea. The plea was rejected because the court found that Chenango court officials failed to fully inform Van Deusen of the terms of her plea bargain. Specifically, mention of post release supervision was not made prior to the plea being taken. District Attorney Joseph A. McBride said on July 5 that when Van Deusen took the plea, no case precedence or law required post-release supervision to be a part of it.
Sullivan did not issue any decision Friday, but instead asked the defense attorney and the DA to issue arguments in writing. Van Deusen’s next appearance will be July 27.
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