Judge recuses himself from VanDeusen re-trial
NORWICH – County Court Judge Howard Sullivan recused himself last weeke from the murder retrial of Tammi L. Van Deusen. The order stated, “this court found no instances of documented prejudice.” Sullivan said that his responsibilities as County Court Judge could be better served “handling 10 to 15 other cases on the trial calendar that require a shorter time commitment.”
The original motion to have the judge excused was denied; however a second request by Van Deusen’s attorney Randel Scharf caused the court to reconsider. Scharf said the court may have been biased during its sentencing. The order stated, “This court now questions whether it, in fact, invested too much energy in effecting an outcome, even to the extent that it could have prejudiced subsequent rulings. A judge’s role in plea bargaining is that of an independent evaluator, not of an advocate.”
The case has been handed over to the Broome County Court Judge Martin E. Smith. Smith is also currently handling the murder retrial of Peter M. Wlasiuk, Sullivan recused himself in that case as well.
Van Deusen 29, was sentenced in 2001 and has been serving an 8-year sentence for her August 2000 admittance to robbery in the first degree. She was one of five defendants convicted in connection to the July 17, 2000 murder of Edward Pastore Jr., that took place at Pastore’s 118 Lewis Road home. The conviction, however, was overturned by the State’s Court of Appeals. The plea was rejected because county court officials failed to fully inform Van Deusen of the terms of her plea bargain. Her initial attempt to withdraw her plea was denied in 2000 by Judge Sullivan, and she was sentenced on Jan. 22, 2001.
Smith is scheduled to hear motions Dec. 15 at 1:15 p.m., in the Chenango County Court House.
The original motion to have the judge excused was denied; however a second request by Van Deusen’s attorney Randel Scharf caused the court to reconsider. Scharf said the court may have been biased during its sentencing. The order stated, “This court now questions whether it, in fact, invested too much energy in effecting an outcome, even to the extent that it could have prejudiced subsequent rulings. A judge’s role in plea bargaining is that of an independent evaluator, not of an advocate.”
The case has been handed over to the Broome County Court Judge Martin E. Smith. Smith is also currently handling the murder retrial of Peter M. Wlasiuk, Sullivan recused himself in that case as well.
Van Deusen 29, was sentenced in 2001 and has been serving an 8-year sentence for her August 2000 admittance to robbery in the first degree. She was one of five defendants convicted in connection to the July 17, 2000 murder of Edward Pastore Jr., that took place at Pastore’s 118 Lewis Road home. The conviction, however, was overturned by the State’s Court of Appeals. The plea was rejected because county court officials failed to fully inform Van Deusen of the terms of her plea bargain. Her initial attempt to withdraw her plea was denied in 2000 by Judge Sullivan, and she was sentenced on Jan. 22, 2001.
Smith is scheduled to hear motions Dec. 15 at 1:15 p.m., in the Chenango County Court House.
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