Prosecution to wrap up its case today in the Wlasiuk murder retrial
NORWICH – The chief forensic pathologist for the New York State Troopers testified Friday that the cause of Patricia Wlasiuk’s death was suffocation.
The cause of death has been disputed by the defense and prosecution. Defendant Peter M. Wlasiuk claims his wife Patricia drowned after a deer jumped in front of their white GMS dual-wheel pickup and she swerved to avoid it, bringing the truck crashing into the 40-degree waters of Guilford Lake at about 12:15 a.m., April 3, 2002.
The prosecution believes Wlasiuk suffocated his wife at their home in Oxford and then transplanted the body to the lake and staged an accident in order to cover up the homicide.
Following Friday’s testimony, District Attorney Joseph McBride said he intended to wrap up the prosecution case Monday, calling the last of his witnesses.
Pathologist Dr. Michael M. Baden, with more than 20,000 autopsies under his belt, testified in court Friday at the objection of defense attorney Randel Scharf. Scharf argued that allowing Baden’s testimony in addition to pathologist Dr. James Terzian’s improperly bolstered the prosecution’s case.
Broome County Court Judge Martin E. Smith Smith disagreed, ruling Baden could testify and that the defense “opened the door” after attacking Terzian’s credentials and indicating to jurors that its own pathology expert was more qualified.
Both Baden and Terzian testified that according to their forensic investigations and medical examinations, Patricia Wlasiuk was suffocated and her body was then placed into the lake.
Baden told the jury of eight women and four men, “She died as a result of smothering and then her dead body was placed in the lake.”
Baden noted to jurors the particulars of the case that stood out to him as an investigator, pointing out that the victim and defendant both had burdocks on them, but none were at the scene. Another issue Baden discussed was the implausibility of the truck passing through “virtually the only gap” along County Rt. 35, measuring 33 feet. Most compelling according to Baden, however, were the injuries sustained by Patricia Wlasiuk, almost none of which where consistent with a low-impact collision.
Slides were shown to the jury depicting a close up view of Patricia’s injuries taken at her autopsy. Baden pointed out injuries to the inside of alleged victim’s lip. Baden said the injury was “typical of a blow” or an “indication of a strong pressure being placed against the upper plate,” saying the damage was caused intentionally, “like a hand or some other similar item,” placed across the mouth.
Baden mentioned that although water had not been found in Patricia Wlasiuk’s lungs, blood was.
“She was sucking blood into her lungs before she died. In my opinion, she was bleeding in the mouth and was still alive and there was no water involved,” said Baden.
McBride asked, “And what cause of death is this evidence of, doctor?” Baden responded, “Evidence of injury during the smothering process.”
State Police Forensic Scientist and DNA expert John Brenner confirmed to the court that the DNA testing of the hairs found in the bed of Peter Wlasiuk’s truck and the hairs found on a burdocks branch at the couple’s Oxford residence match Patricia Wlasiuk’s profile.
“The chances of it being another donor other than Patricia Wlasiuk is 280 billion to one; that’s about 100 times the population of the United States to one,” he said.
Testimony in the case is scheduled to begin today at 8:30 a.m. at the Chenango County Courthouse.
The cause of death has been disputed by the defense and prosecution. Defendant Peter M. Wlasiuk claims his wife Patricia drowned after a deer jumped in front of their white GMS dual-wheel pickup and she swerved to avoid it, bringing the truck crashing into the 40-degree waters of Guilford Lake at about 12:15 a.m., April 3, 2002.
The prosecution believes Wlasiuk suffocated his wife at their home in Oxford and then transplanted the body to the lake and staged an accident in order to cover up the homicide.
Following Friday’s testimony, District Attorney Joseph McBride said he intended to wrap up the prosecution case Monday, calling the last of his witnesses.
Pathologist Dr. Michael M. Baden, with more than 20,000 autopsies under his belt, testified in court Friday at the objection of defense attorney Randel Scharf. Scharf argued that allowing Baden’s testimony in addition to pathologist Dr. James Terzian’s improperly bolstered the prosecution’s case.
Broome County Court Judge Martin E. Smith Smith disagreed, ruling Baden could testify and that the defense “opened the door” after attacking Terzian’s credentials and indicating to jurors that its own pathology expert was more qualified.
Both Baden and Terzian testified that according to their forensic investigations and medical examinations, Patricia Wlasiuk was suffocated and her body was then placed into the lake.
Baden told the jury of eight women and four men, “She died as a result of smothering and then her dead body was placed in the lake.”
Baden noted to jurors the particulars of the case that stood out to him as an investigator, pointing out that the victim and defendant both had burdocks on them, but none were at the scene. Another issue Baden discussed was the implausibility of the truck passing through “virtually the only gap” along County Rt. 35, measuring 33 feet. Most compelling according to Baden, however, were the injuries sustained by Patricia Wlasiuk, almost none of which where consistent with a low-impact collision.
Slides were shown to the jury depicting a close up view of Patricia’s injuries taken at her autopsy. Baden pointed out injuries to the inside of alleged victim’s lip. Baden said the injury was “typical of a blow” or an “indication of a strong pressure being placed against the upper plate,” saying the damage was caused intentionally, “like a hand or some other similar item,” placed across the mouth.
Baden mentioned that although water had not been found in Patricia Wlasiuk’s lungs, blood was.
“She was sucking blood into her lungs before she died. In my opinion, she was bleeding in the mouth and was still alive and there was no water involved,” said Baden.
McBride asked, “And what cause of death is this evidence of, doctor?” Baden responded, “Evidence of injury during the smothering process.”
State Police Forensic Scientist and DNA expert John Brenner confirmed to the court that the DNA testing of the hairs found in the bed of Peter Wlasiuk’s truck and the hairs found on a burdocks branch at the couple’s Oxford residence match Patricia Wlasiuk’s profile.
“The chances of it being another donor other than Patricia Wlasiuk is 280 billion to one; that’s about 100 times the population of the United States to one,” he said.
Testimony in the case is scheduled to begin today at 8:30 a.m. at the Chenango County Courthouse.
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