NORWICH – Peter Wlasiuk’s second trial for the alleged murder of his wife will begin next week as planned, Broome County Judge Martin Smith ruled Monday afternoon.
Despite defense attorney Randel Scharf’s lengthy list of reasons requesting another postponement in the case, Judge Smith remained adamant that jury selection will begin Monday morning at the Chenango County Courthouse.
Wlasiuk is charged with second degree murder in the 2002 death of his wife Patricia, whose body was found in Guilford Lake after what appeared to be a truck accident. Police later claimed Wlasiuk killed his wife at their Oxford home, and staged the Guilford Lake accident to cover it up. A jury convicted Wlasiuk of murder in 2003, but that decision was overturned on appeal in 2006.
With the trial set to begin Monday, it was also determined that Wlasiuk would remain in leg shackles during the proceedings as a security precaution. District Attorney Joseph McBride indicated that information from the Chenango County Sheriff’s Department was that if given the chance, Wlasiuk would try to escape.
“I’m tired of the Sheriff’s Department making allegations that are untrue,” Wlasiuk said. “I’m here for a fair trial.”
“I’ll make sure that you get one,” Smith replied.
Wlasiuk also contended that he didn’t think he could get a fair trial in Chenango County. “There is no motion in front of the court at this time for a change of venue,” Smith reminded the defendant.
Scharf’s request for a postponement of the trial was based on several instances of what he claimed were the prosecution’s failure to provide certain documents, included among them 911 call logs, coroner’s reports and funeral home records. McBride repeatedly claimed that the defense had copies of, or access to, all the evidence Scharf had requested. Smith denied Scharf’s requests to issue subpoenas for these documents.
Smith also ruled on the admissibility of the testimony of several prosecution witnesses. The issue of testimony regarding the nature of the Wlasiuks’ marriage, Patricia’s state of mind and Wlasiuk’s alleged prior history of spousal abuse came into play in overturning the original conviction.
Judge Smith did order that the Chenango County Sheriff’s Department turn over another vial of Patricia Wlasiuk’s blood to the defense’s medical expert, Dr. Michael Sikivica of Waterford, for further testing. Scharf said traces of a muscle relaxant, cyclobenzaprine, were found in her blood, and his expert witness’ further testing might reveal new evidence as to the cause and/or time of Patricia Wlasiuk’s death.
Scharf argued that until his expert witness had time to make a final determination, he would be unable to properly prepare a defense for Wlasiuk. “I’d like the opportunity to formulate a defense before picking a jury,” he said. “I don’t feel comfortable starting this trial. We need additional time.”
Smith disagreed, saying Scharf had more than adequate time to gather evidence and prepare his arguments. “You knew a long time ago that Monday was the trial date,” he told Scharf. “We’re picking a jury next week.”
Smith added that any findings by Dr. Sikivica wouldn’t come into play at trial for at least two weeks, when the defense will begin presenting its case. Additionally, Smith ordered that the further testing of Patricia’s blood be completed as soon as possible by a Pennsylvania laboratory.