NORWICH – The murder retrial case of Peter M. Wlasiuk encountered another setback today as presiding Broome County Court Judge Martin E. Smith dismissed the original grand jury indictment from 2002.

In a decision released Monday morning, the court stated that the indictment was overturned as a result of the prosecution’s bringing forth an alleged history of Wlasiuk’s domestic violence in the proceedings.

“In setting forth his (District Attorney Joseph McBride) intent to demonstrate a history of abuse, he provided no guidelines as to the limitations on the use by the Grand Jury of this evidence. He never provided limiting instructions when such evidence was offered, nor at the end of the presentation. The evidence offered, in this regard, was largely hearsay, much of it in a form for which there is no hearsay exception,” said the court.

The court ruled that the letters and diary of the victim, Patricia Wlasiuk, were admitted under the pretense to show financial difficulties, and ruled them as hearsay in such regard. “Nothing presented suggested that defendant had ever seen or handled these diaries, so their admittance cannot be supported by claim that they are relevant to any issue in the trial, such as the defendant’s motive or intent ... In fact the patent prejudice of such evidence cannot be understated,” said the court.