Van Deusen re-trial delayed
NORWICH – Tammi Van Deusen’s second murder trial was scheduled to begin March 19, but has been postponed for over a month. Jury selection will now begin on April 30.
Broome County Judge Martin E. Smith told Van Deusen’s attorney Randel Scharf that he had “serious concern” over the defense using “dilatory tactics to avoid going to trial.” Despite the warnings, Smith agreed to move the trial date.
Smith also moved the murder re-trial of Peter M. Wlasuik, who is also represented by Scharf, in order to avoid having back-to-back murder trials.
Van Deusen, who was 24 when sentenced in 2001, had pleaded guilty to first degree robbery for her role in a drug-related murder. 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 defense brought forth several motions before the court, many of which were denied. Among those rejected included a request to disqualify the District Attorney’s office and one claiming that the New York State Investigators had no probable cause to arrest Van Deusen.
The defense had also summoned Van Deusen’s alleged co-conspirator as a witness, but suffered a setback. Joanne Carroll, 40, who is currently serving a 15 year sentence for her role in the Pastore murder, refused to testify at the hearing, saying she had litigation pending and exercised her 5th amendment right. Carroll also said she had no intention to testify at trial.
District Attorney Joseph McBride presented the only witness who testified at the three-hour hearing Monday. Investigator Michael Franz said that state police did have enough probable cause to arrest Van Deusen, and her alleged co-conspirators, Xavier Lee Valentine, identified her only as Paul Escalante’s girlfriend. Franz testified that after further investigation, they uncovered other evidence that identified Van Deusen as the person in question.
Van Deusen had been serving an 8 year sentence when her conviction was overturned by the State’s Court of Appeals. Her original plea was rejected, because county court officials failed to fully inform Van Deusen of the terms of her plea bargain. Specifically, the court ruled that at the time of her plea, Van Deusen was not made aware that she was subject to post-release supervision. Her initial attempt to withdraw her plea was denied in 2000 by Judge Howard Sullivan and she was sentenced on Jan. 22, 2001.
Sullivan recused himself from the murder retrial at the defense’s request and Broome County Court Judge Smith was appointed to preside over the case.
Van Deusen is currently charged with 2nd degree murder, 1st degree burglary, 1st degree robbery and 1st degree criminal use of firearms, all felonies. She could face life in prison if convicted.
Broome County Judge Martin E. Smith told Van Deusen’s attorney Randel Scharf that he had “serious concern” over the defense using “dilatory tactics to avoid going to trial.” Despite the warnings, Smith agreed to move the trial date.
Smith also moved the murder re-trial of Peter M. Wlasuik, who is also represented by Scharf, in order to avoid having back-to-back murder trials.
Van Deusen, who was 24 when sentenced in 2001, had pleaded guilty to first degree robbery for her role in a drug-related murder. 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 defense brought forth several motions before the court, many of which were denied. Among those rejected included a request to disqualify the District Attorney’s office and one claiming that the New York State Investigators had no probable cause to arrest Van Deusen.
The defense had also summoned Van Deusen’s alleged co-conspirator as a witness, but suffered a setback. Joanne Carroll, 40, who is currently serving a 15 year sentence for her role in the Pastore murder, refused to testify at the hearing, saying she had litigation pending and exercised her 5th amendment right. Carroll also said she had no intention to testify at trial.
District Attorney Joseph McBride presented the only witness who testified at the three-hour hearing Monday. Investigator Michael Franz said that state police did have enough probable cause to arrest Van Deusen, and her alleged co-conspirators, Xavier Lee Valentine, identified her only as Paul Escalante’s girlfriend. Franz testified that after further investigation, they uncovered other evidence that identified Van Deusen as the person in question.
Van Deusen had been serving an 8 year sentence when her conviction was overturned by the State’s Court of Appeals. Her original plea was rejected, because county court officials failed to fully inform Van Deusen of the terms of her plea bargain. Specifically, the court ruled that at the time of her plea, Van Deusen was not made aware that she was subject to post-release supervision. Her initial attempt to withdraw her plea was denied in 2000 by Judge Howard Sullivan and she was sentenced on Jan. 22, 2001.
Sullivan recused himself from the murder retrial at the defense’s request and Broome County Court Judge Smith was appointed to preside over the case.
Van Deusen is currently charged with 2nd degree murder, 1st degree burglary, 1st degree robbery and 1st degree criminal use of firearms, all felonies. She could face life in prison if convicted.
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