Grand jury indicts Brown on Murder 1, rape
NORWICH – The Chenango County Grand Jury indicted Daniel L. Brown on charges of first degree murder and rape Wednesday. Brown is accused in the death of his apartment manager, Tammy L. Periard, last month.
Brown 45, of 56 Henry St., has been indicted on two counts of first degree murder (Class A felony), second degree murder (Class A felony), first degree rape (Class B felony), first degree assault (Class B felony) and two counts of first degree robbery (Class B felony).
District Attorney Joseph McBride said, “Murder 1 is when you compulsively commit a homicide while attempting to commit other types of felonies. In this case, committing a homicide in combination with the assault and rape, resulting in the two separate counts for first degree murder.”
Chenango County Judge Howard Sullivan released a letter recusing himself from the murder case Wednesday. The County Court Clerk’s Office reported that the judge had personal acquaintances with the victim years ago while operating his private practice and the exposure might be interpreted as a possible bias. Administrative Judge Judith O’Shea of the 6th Judicial District will select a replacement to fill in for Sullivan.
Brown will not be eligible for the death penalty because although New York State has it on the books, the New York Supreme Court ruled it unconstitutional. If convicted on only one of the top charges, Brown could spend the rest of his life in prison. First-degree murder is punishable by life imprisonment without parole or a minimum of 20 to 25 years and a maximum of life imprisonment. Second-degree murder is punishable by a minimum of 15 years to life and a maximum of 25 years to life.
Brown allegedly raped, robbed and murdered Periard, 45, of 167 East Main St., Norwich. Periard was reported missing on Monday, March 26.
Police received a phone call from Chenango Memorial Hospital March 28. The call apparently was made by Brown himself, said police. A preliminary medical report from Lourdes Hospital in Binghamton, conducted March 29 by Dr. James Terzian, said the cause of death was asphyxiation by ligature strangulation. Ms. Periard also suffered blunt head trauma injuries to the head. The report also found physical evidence that the victim had been raped.
Norwich Police Officer Gard Turner testified at Brown’s preliminary hearing saying Brown made “several unprovoked” statements while in custody. Brown allegedly told police he had a guilty conscience and that the Periard family should pay him the $10,000 reward for telling police where to find her body. He also allegedly told police where to find the murder weapon, a stick approximately 30 inches long with a taped handle.
Turner also testified that Brown spontaneously said to him, “You guys know I’m guilty.” Police said Brown told them he did not sexually abuse Ms. Periard.
Brown also allegedly admitted to police that he was taking on average about 30 hydrocodone pills a day, a strong prescription pain killer.
Brown will appear in Chenango County Court before an assigned judge at a later date to begin criminal proceedings and a trial, depending on his plea. Brown is being represented by the Chenango County Public Defender’s Office.
Brown in being held in the Chenango County Correctional Facility without bail.
Brown 45, of 56 Henry St., has been indicted on two counts of first degree murder (Class A felony), second degree murder (Class A felony), first degree rape (Class B felony), first degree assault (Class B felony) and two counts of first degree robbery (Class B felony).
District Attorney Joseph McBride said, “Murder 1 is when you compulsively commit a homicide while attempting to commit other types of felonies. In this case, committing a homicide in combination with the assault and rape, resulting in the two separate counts for first degree murder.”
Chenango County Judge Howard Sullivan released a letter recusing himself from the murder case Wednesday. The County Court Clerk’s Office reported that the judge had personal acquaintances with the victim years ago while operating his private practice and the exposure might be interpreted as a possible bias. Administrative Judge Judith O’Shea of the 6th Judicial District will select a replacement to fill in for Sullivan.
Brown will not be eligible for the death penalty because although New York State has it on the books, the New York Supreme Court ruled it unconstitutional. If convicted on only one of the top charges, Brown could spend the rest of his life in prison. First-degree murder is punishable by life imprisonment without parole or a minimum of 20 to 25 years and a maximum of life imprisonment. Second-degree murder is punishable by a minimum of 15 years to life and a maximum of 25 years to life.
Brown allegedly raped, robbed and murdered Periard, 45, of 167 East Main St., Norwich. Periard was reported missing on Monday, March 26.
Police received a phone call from Chenango Memorial Hospital March 28. The call apparently was made by Brown himself, said police. A preliminary medical report from Lourdes Hospital in Binghamton, conducted March 29 by Dr. James Terzian, said the cause of death was asphyxiation by ligature strangulation. Ms. Periard also suffered blunt head trauma injuries to the head. The report also found physical evidence that the victim had been raped.
Norwich Police Officer Gard Turner testified at Brown’s preliminary hearing saying Brown made “several unprovoked” statements while in custody. Brown allegedly told police he had a guilty conscience and that the Periard family should pay him the $10,000 reward for telling police where to find her body. He also allegedly told police where to find the murder weapon, a stick approximately 30 inches long with a taped handle.
Turner also testified that Brown spontaneously said to him, “You guys know I’m guilty.” Police said Brown told them he did not sexually abuse Ms. Periard.
Brown also allegedly admitted to police that he was taking on average about 30 hydrocodone pills a day, a strong prescription pain killer.
Brown will appear in Chenango County Court before an assigned judge at a later date to begin criminal proceedings and a trial, depending on his plea. Brown is being represented by the Chenango County Public Defender’s Office.
Brown in being held in the Chenango County Correctional Facility without bail.
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