Attempt to free Wlasiuk withdrawn

NORWICH – An attempt to get accused murderer Peter M. Wlasiuk released from jail was withdrawn in court this week.
The case was scheduled to appear Wednesday before Supreme Court Justice Elizabeth Garry to hear arguments on a writ of habeas corpus in order to free Wlasiuk. Last week, the original indictment against Wlasiuk in the death of his wife was dismissed in court. The move to free him was canceled by co-defense counsel Scott Clippinger and the writ withdrawn, said District Attorney Joseph McBride.
Wlasiuk remains at the Chenango County Correctional Facility pending the District Attorney’s Office move to have a new indictment reviewed by the Grand Jury later this month.
Wlasuik 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.
Broome County Court Judge Martin E. Smith, appointed to preside over Wlasiuk’s second trial, is currently vacationing in Germany and the case is being handled by Acting Chenango County Judge James T. Hayden of Chemung County until his return.
In a decision last week, Smith stated that the original indictment was overturned as a result of the prosecution’s bringing forth prejudice and irrelevant facts about Wlasiuk’s alleged history of domestic violence in the proceedings.
Much of the court’s objections to the grand jury indictment echoed those based on the appeal granted 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.

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