Brown’s charge may be upgraded to murder one
NORWICH – The felony hearing scheduled to take place in Norwich City Court Monday morning was postponed. Daniel L. Brown Sr., 45, of Norwich has been charged with second-degree murder in the murder last Monday of his landlord, Tammy L. Periard, 45, of Norwich.
Assistant Public Defender John Cameron requested that an adjournment be granted until Thursday at 11 a.m. so he could contact the Capital Defender’s Office.
“There is a reasonable possibility that through the facts of this case, murder one still could be considered as a legal option and our interpretation of the statute indicated that the Capital Defender’s Office ought to be contacted,” said District Attorney Joseph McBride.
In September of 1995, New York State expanded the crime of first degree murder by creating two separate possible penalties for persons convicted of the crime, to death or life in prison without the possibility of parole. The main factor in constituting a murder one charge is premeditation, as opposed to murder in the second, which is often compulsory.
The Capital Defender’s Office describes itself as follows, “Established under New York State’s death penalty statute and given the statutory mandate of ensuring that defendants who cannot afford adequate representation in capital cases receive effective assistance of counsel. The statute also charged the CDO with creating an effective system of capital defense throughout New York State.”
Brown, of 56 Henry St., is currently being charged with 2nd degree murder, a Class A-1 felony, for allegedly causing the death of his apartment manager, Periard, of 167 East Main St. Periard was reported missing last Tuesday by family members; police discovered her body in Brown’s apartment building after an intensive search early Thursday morning. A preliminary medical report last week said the cause of death was asphyxiation by ligature strangulation. Periard also suffered blunt trauma injuries to the head. Police said they believed that she was attacked with a stick-like weapon.
Funeral services for Ms. Periard were to be held at 11 a.m. today from the R.J. Fahy Funeral Home.
Brown was remanded back to the Chenango County Correctional Facility and no bail has yet been set.
Assistant Public Defender John Cameron requested that an adjournment be granted until Thursday at 11 a.m. so he could contact the Capital Defender’s Office.
“There is a reasonable possibility that through the facts of this case, murder one still could be considered as a legal option and our interpretation of the statute indicated that the Capital Defender’s Office ought to be contacted,” said District Attorney Joseph McBride.
In September of 1995, New York State expanded the crime of first degree murder by creating two separate possible penalties for persons convicted of the crime, to death or life in prison without the possibility of parole. The main factor in constituting a murder one charge is premeditation, as opposed to murder in the second, which is often compulsory.
The Capital Defender’s Office describes itself as follows, “Established under New York State’s death penalty statute and given the statutory mandate of ensuring that defendants who cannot afford adequate representation in capital cases receive effective assistance of counsel. The statute also charged the CDO with creating an effective system of capital defense throughout New York State.”
Brown, of 56 Henry St., is currently being charged with 2nd degree murder, a Class A-1 felony, for allegedly causing the death of his apartment manager, Periard, of 167 East Main St. Periard was reported missing last Tuesday by family members; police discovered her body in Brown’s apartment building after an intensive search early Thursday morning. A preliminary medical report last week said the cause of death was asphyxiation by ligature strangulation. Periard also suffered blunt trauma injuries to the head. Police said they believed that she was attacked with a stick-like weapon.
Funeral services for Ms. Periard were to be held at 11 a.m. today from the R.J. Fahy Funeral Home.
Brown was remanded back to the Chenango County Correctional Facility and no bail has yet been set.
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