New judge appointed in Wlasiuk case
NORWICH – A new judge has been appointed to preside over the murder trial of Peter M. Wlasiuk. Administrative Judge Judith O’Shea of the 6th Judicial District appointed Broome County Court Judge Martin E. Smith to take the place of Chenango County Court Judge Howard Sullivan.
Sullivan recused himself from the case Friday, saying, “Ultimately the appearance of fairness and impartiality will be sacrificed on the altar of suspicion.” Sullivan said he did not anyone second-guessing the result of the second trial and believed his presence may raise a question of doubt no matter what the outcome, even if none existed.
Wlasiuk was found guilty of 2nd degree murder and given the maximum sentence of 25 years to life for allegedly murdering his wife Patricia and then staging a vehicle accident at Guilford Lake to cover it up in 2002. The New York Supreme Court of Appeals declared Wlasiuk’s first trial unfair in August, citing a number of procedural shortcomings, most of them revolving around the introduction of past violent acts against his wife. The court said certain letters and diary entries should not have been allowed by the judge and found merit in the defendant’s claims that the district attorney conducted himself aggressively.
One of the first issues before Judge Smith will be to appoint a defense attorney to represent Wlasiuk. The Chenango County Public Defender’s office is disqualified because an assistant DA at the time of the first trial now works for the public defender’s office. Wlasiuk can still decide to have them represent him, but has indicated he does not wish to have someone from the Chenango office because of a possibility of bias.
Sullivan recused himself from the case Friday, saying, “Ultimately the appearance of fairness and impartiality will be sacrificed on the altar of suspicion.” Sullivan said he did not anyone second-guessing the result of the second trial and believed his presence may raise a question of doubt no matter what the outcome, even if none existed.
Wlasiuk was found guilty of 2nd degree murder and given the maximum sentence of 25 years to life for allegedly murdering his wife Patricia and then staging a vehicle accident at Guilford Lake to cover it up in 2002. The New York Supreme Court of Appeals declared Wlasiuk’s first trial unfair in August, citing a number of procedural shortcomings, most of them revolving around the introduction of past violent acts against his wife. The court said certain letters and diary entries should not have been allowed by the judge and found merit in the defendant’s claims that the district attorney conducted himself aggressively.
One of the first issues before Judge Smith will be to appoint a defense attorney to represent Wlasiuk. The Chenango County Public Defender’s office is disqualified because an assistant DA at the time of the first trial now works for the public defender’s office. Wlasiuk can still decide to have them represent him, but has indicated he does not wish to have someone from the Chenango office because of a possibility of bias.
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