Defense attorney calls out DA, Judge
NORWICH – At times demanding the judge rule in his favor, defense attorney Randel Scharf argued in County Court Thursday that charges against his client, Tammie Van Deusen, be dropped due to what he called an inappropriate deal brokered between Van Deusen’s former lawyer and District Attorney Joseph A. McBride.
Scharf asserted to County Judge W. Howard Sullivan that Van Deusen was given poor legal representation by Binghamton lawyer Jon Blechman following the July, 2000 murder of Norwich man Edward Pastore Jr. He argued that his client was never told that she had a lawyer or that a grand jury was convening to rule on the murder charge and other charges facing her.
Scharf said his client’s charges were settled in a plea by McBride and Blechman, with little input given to Van Deusen. “She didn’t even know she had a lawyer,” Scharf said.
The former Masonville woman had her plea thrown out recently by the state court of appeals after nearly all of her 8-year sentence had been served. The court ruled that she was not made aware that she was subject to post-release supervision. McBride told Scharf Thursday that he wasn’t sure if any deals were still on the table, because Van Deusen didn’t testify against her co-defendant as her original plea required. She appealed her sentence, which was also against the rules her plea deal. He said he was willing to take the issue to trial if need be. Scharf attacked McBride’s motives.
“He wants to give her a trial just like he wanted to give her an attorney,” Scharf said in court. “The whole world is going to be watching this time, judge.” The defense attorney asked for and was denied the right to have Van Deusen re-arraigned both by Sullivan and in a supreme court convening which was held immediatley after Van Deusen’s County Court appearance.
“He wants to go back to arraignments because then he is going to say that five days apply and he is going to move to dismiss,” McBride said. Scharf argued that by not letting Van Deusen be re-arraigned, the court was denying her due process, something that he contends has been happening since her experience with the court began.
“I’ve been asking you for six years to give her that. Let her get what every other criminal defendant gets,” Scharf told Sullivan. “I don’t want a deal. Let the chips fall where they may... I want her to have a fair shake.”
The defense attorney then repeatedly told the judge that he needed to dismiss the charges or recuse himself from the case. “You need to dismiss the indictment. You had her in here for six years,” he said. “Is the court trying to deny her due process?”
Sullivan put on the record that the reason the case was sent back to county court by the court of appeals is that law regarding post-release supervision was not clear in 2000. Scharf, again, insisted the judge recuse himself. “It would be easier if from now on it appeared to be fair,” he said. McBride objected to the Cooperstown attorney’s “blatant disrespect.”
Sullivan said that as a courtesy, he would allow Scharf 45 days to enter any pre-trial motions and he reserved judgment on his recusal. Van Deusen will appear in court again at 11 a.m., Sept. 11.
e-mail: jmorse@evesun.com
Scharf asserted to County Judge W. Howard Sullivan that Van Deusen was given poor legal representation by Binghamton lawyer Jon Blechman following the July, 2000 murder of Norwich man Edward Pastore Jr. He argued that his client was never told that she had a lawyer or that a grand jury was convening to rule on the murder charge and other charges facing her.
Scharf said his client’s charges were settled in a plea by McBride and Blechman, with little input given to Van Deusen. “She didn’t even know she had a lawyer,” Scharf said.
The former Masonville woman had her plea thrown out recently by the state court of appeals after nearly all of her 8-year sentence had been served. The court ruled that she was not made aware that she was subject to post-release supervision. McBride told Scharf Thursday that he wasn’t sure if any deals were still on the table, because Van Deusen didn’t testify against her co-defendant as her original plea required. She appealed her sentence, which was also against the rules her plea deal. He said he was willing to take the issue to trial if need be. Scharf attacked McBride’s motives.
“He wants to give her a trial just like he wanted to give her an attorney,” Scharf said in court. “The whole world is going to be watching this time, judge.” The defense attorney asked for and was denied the right to have Van Deusen re-arraigned both by Sullivan and in a supreme court convening which was held immediatley after Van Deusen’s County Court appearance.
“He wants to go back to arraignments because then he is going to say that five days apply and he is going to move to dismiss,” McBride said. Scharf argued that by not letting Van Deusen be re-arraigned, the court was denying her due process, something that he contends has been happening since her experience with the court began.
“I’ve been asking you for six years to give her that. Let her get what every other criminal defendant gets,” Scharf told Sullivan. “I don’t want a deal. Let the chips fall where they may... I want her to have a fair shake.”
The defense attorney then repeatedly told the judge that he needed to dismiss the charges or recuse himself from the case. “You need to dismiss the indictment. You had her in here for six years,” he said. “Is the court trying to deny her due process?”
Sullivan put on the record that the reason the case was sent back to county court by the court of appeals is that law regarding post-release supervision was not clear in 2000. Scharf, again, insisted the judge recuse himself. “It would be easier if from now on it appeared to be fair,” he said. McBride objected to the Cooperstown attorney’s “blatant disrespect.”
Sullivan said that as a courtesy, he would allow Scharf 45 days to enter any pre-trial motions and he reserved judgment on his recusal. Van Deusen will appear in court again at 11 a.m., Sept. 11.
e-mail: jmorse@evesun.com
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