Judge throws out original Wlasiuk indictment
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.
The court also criticized the District Attorney for not calling in the forensic pathologist who performed the autopsy, but rather a sheriff’s deputy who was present at the autopsy. The autopsy itself was also not used as evidence in the indictment.
Much of the court’s objections to the Grand Jury indictment echoed those based on the appeal received over the jury trial. The D.A.’s Office will now have to bring the charges back to a new Grand Jury and get a new indictment against Wlasiuk in order to proceed to retrial.
Wlasuik, 37, was found guilty of 2nd degree murder and given the maximum sentence of 25 years to life for allegedly murdering his wife Patricia and then staging a vehicle accident at Guilford Lake to cover it up in 2002. The New York Supreme Court of Appeals declared Wlasiuk’s first trial unfair last August, citing a number of procedural shortcomings.
Chenango County Judge Howard Sullivan recused himself from the retrial, saying he did not want anyone second-guessing the result of the second trial and believed his presence may raise a question of doubt no matter what the outcome. Sullivan received criticism for his remarks made to Wlasiuk during sentencing at the last trial. Broome County Court Judge Martin E. Smith was then appointed to preside over the retrial.
Wlasiuk is currently held at the Chenango County Correctional Facility.
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.
The court also criticized the District Attorney for not calling in the forensic pathologist who performed the autopsy, but rather a sheriff’s deputy who was present at the autopsy. The autopsy itself was also not used as evidence in the indictment.
Much of the court’s objections to the Grand Jury indictment echoed those based on the appeal received over the jury trial. The D.A.’s Office will now have to bring the charges back to a new Grand Jury and get a new indictment against Wlasiuk in order to proceed to retrial.
Wlasuik, 37, was found guilty of 2nd degree murder and given the maximum sentence of 25 years to life for allegedly murdering his wife Patricia and then staging a vehicle accident at Guilford Lake to cover it up in 2002. The New York Supreme Court of Appeals declared Wlasiuk’s first trial unfair last August, citing a number of procedural shortcomings.
Chenango County Judge Howard Sullivan recused himself from the retrial, saying he did not want anyone second-guessing the result of the second trial and believed his presence may raise a question of doubt no matter what the outcome. Sullivan received criticism for his remarks made to Wlasiuk during sentencing at the last trial. Broome County Court Judge Martin E. Smith was then appointed to preside over the retrial.
Wlasiuk is currently held at the Chenango County Correctional Facility.
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