Car accident delays Wlasiuk trial
NORWICH – A serious car accident has delayed the start of the murder trial of Peter M. Wlasiuk.
According to the Chenango County Sheriff’s Office, Wlasiuk’s father, Thomas Wlasiuk, 65, of Norwich, and Peter’s three daughters were injured Wednesday afternoon when a vehicle operated by Edward M. Arenth, 20, of Greene, failed to yield the right of way and made a left turn into Wlasiuk’s lane.
The Wlasiuk family was traveling south on State Highway 8 in Guilford, operating a Dodge mini-van, when Arenth attempted to make a left turn onto Shumway Road into the path of the Wlasiuk vehicle.
Arenth was airlifted to Wilson Memorial Hospital in Johnson City with hip and abdominal injuries. Thomas Wlasiuk and the three children were all taken to Chenango Memorial Hospital in Norwich with “non-life threatening injuries.”
Court began at 9 this morning with Defense Attorney Randel Scharf asking for a delay in opening statements until Tuesday. He said his client was very upset and one of his daughters still remained in the hospital.
Judge Martin Smith granted the postponement and District Attorney Joseph McBride said he had no objection.
Smith also raised concern over a letter written to the court from an employer of one of the selected jurors, saying they underestimated the employee’s value on the job and needed him to be excused. The juror appeared before the court and said his job may be in jeopardy. Smith asked both attorneys how they felt about moving to an alternate and McBride raised concern, saying, “The problem is that every person in that booth is in the same exact position.” Smith postponed the issue until the court could contact the employer.
Wednesday, a panel of 12 jurors and four alternates were selected. Only 76 of the requested 150 potential jurors appeared Wednesday, but by noon, the last five members of the jury were sworn in.
Wlasiuk, 39, is charged with second degree murder in the April 2002 slaying of his wife, Patricia, in Oxford.
The case is expected to take between three and four weeks. A list of more than 150 potential witnesses has been submitted to the court. In remarks made at a March hearing, McBride told the court that he expected to call about 15 witnesses at trial. Scharf said he wasn’t sure, but estimated his number to be between 10 and 30 witnesses.
If convicted of the only charge against him, second degree murder, Wlasiuk could be sentenced to 25 years to life in state prison.
A jury of four women and eight men will now sit in the same seats that were filled by a similar jury six years ago. Their predecessors convicted Wlasiuk of second degree murder in the first trial, but the New York State Appellate Division returned the case to Chenango County Court Aug. 31, 2006, saying “a litany of errors” effectively deprived the defendant of a fair trial.
The decision was critical of several pieces of prejudicial evidence allowed into evidence.
The case is being heard by Broome County Court Judge Martin E. Smith after the first trial judge, W. Howard Sullivan, recused himself from the retrial fearing an appearance of bias.
Smith threw out the prosecution’s 2002 indictment because it echoed the concerns of the first trial’s errors, stalling the case.
The court has allowed its intended trial date to be reset repeatedly at request of the defense. Scharf has made a number of complaints to the court that the prosecution provided the defense with incomplete information, an accusation that the DA’s Office has denied.
Wlasiuk is accused in the 2002 death of his wife Patricia, 35, 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 January 2003, but that decision was overturned on appeal in 2006.
A New York state court denied a defense motion to move the second trial to a different county last Thursday.
Scharf indicated at jury selection that the defense would portray the death of Patricia as a possible suicide. He also said he was concerned over the first trial’s guilty verdict and asked each juror about their knowledge of the case.
McBride told the jury he would present evidence that showed Wlasiuk had liaisons with another woman. The couple’s babysitter, Joyce Worden, testified at the first trial that she had been intimate with both Peter and Patricia Wlasiuk in a menage-a-trois relationship.
The trial will be held three days a week, Tuesday through Thursday, starting at 9 a.m.; however that time may be moved to 8:30 a.m. pending the jury’s preference.
Wlasiuk is being held without bail at the Chenango County jail.
According to the Chenango County Sheriff’s Office, Wlasiuk’s father, Thomas Wlasiuk, 65, of Norwich, and Peter’s three daughters were injured Wednesday afternoon when a vehicle operated by Edward M. Arenth, 20, of Greene, failed to yield the right of way and made a left turn into Wlasiuk’s lane.
The Wlasiuk family was traveling south on State Highway 8 in Guilford, operating a Dodge mini-van, when Arenth attempted to make a left turn onto Shumway Road into the path of the Wlasiuk vehicle.
Arenth was airlifted to Wilson Memorial Hospital in Johnson City with hip and abdominal injuries. Thomas Wlasiuk and the three children were all taken to Chenango Memorial Hospital in Norwich with “non-life threatening injuries.”
Court began at 9 this morning with Defense Attorney Randel Scharf asking for a delay in opening statements until Tuesday. He said his client was very upset and one of his daughters still remained in the hospital.
Judge Martin Smith granted the postponement and District Attorney Joseph McBride said he had no objection.
Smith also raised concern over a letter written to the court from an employer of one of the selected jurors, saying they underestimated the employee’s value on the job and needed him to be excused. The juror appeared before the court and said his job may be in jeopardy. Smith asked both attorneys how they felt about moving to an alternate and McBride raised concern, saying, “The problem is that every person in that booth is in the same exact position.” Smith postponed the issue until the court could contact the employer.
Wednesday, a panel of 12 jurors and four alternates were selected. Only 76 of the requested 150 potential jurors appeared Wednesday, but by noon, the last five members of the jury were sworn in.
Wlasiuk, 39, is charged with second degree murder in the April 2002 slaying of his wife, Patricia, in Oxford.
The case is expected to take between three and four weeks. A list of more than 150 potential witnesses has been submitted to the court. In remarks made at a March hearing, McBride told the court that he expected to call about 15 witnesses at trial. Scharf said he wasn’t sure, but estimated his number to be between 10 and 30 witnesses.
If convicted of the only charge against him, second degree murder, Wlasiuk could be sentenced to 25 years to life in state prison.
A jury of four women and eight men will now sit in the same seats that were filled by a similar jury six years ago. Their predecessors convicted Wlasiuk of second degree murder in the first trial, but the New York State Appellate Division returned the case to Chenango County Court Aug. 31, 2006, saying “a litany of errors” effectively deprived the defendant of a fair trial.
The decision was critical of several pieces of prejudicial evidence allowed into evidence.
The case is being heard by Broome County Court Judge Martin E. Smith after the first trial judge, W. Howard Sullivan, recused himself from the retrial fearing an appearance of bias.
Smith threw out the prosecution’s 2002 indictment because it echoed the concerns of the first trial’s errors, stalling the case.
The court has allowed its intended trial date to be reset repeatedly at request of the defense. Scharf has made a number of complaints to the court that the prosecution provided the defense with incomplete information, an accusation that the DA’s Office has denied.
Wlasiuk is accused in the 2002 death of his wife Patricia, 35, 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 January 2003, but that decision was overturned on appeal in 2006.
A New York state court denied a defense motion to move the second trial to a different county last Thursday.
Scharf indicated at jury selection that the defense would portray the death of Patricia as a possible suicide. He also said he was concerned over the first trial’s guilty verdict and asked each juror about their knowledge of the case.
McBride told the jury he would present evidence that showed Wlasiuk had liaisons with another woman. The couple’s babysitter, Joyce Worden, testified at the first trial that she had been intimate with both Peter and Patricia Wlasiuk in a menage-a-trois relationship.
The trial will be held three days a week, Tuesday through Thursday, starting at 9 a.m.; however that time may be moved to 8:30 a.m. pending the jury’s preference.
Wlasiuk is being held without bail at the Chenango County jail.
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