NORWICH – Convicted murderer Peter M. Wlasiuk’s sentencing was delayed Tuesday on a technicality as the defense fought to have the verdict tossed out, alleging a court error and jury misconduct.
A jury found Wlasiuk, 39, guilty on Sept. 26 of the second degree murder of his wife.
Prosecutors argued at the trial that Wlasiuk smothered his wife Patricia at their Oxford home in 2002 and later staged a truck accident at Guilford Lake, in which he claimed she drowned.
Six years ago, another Chenango County jury also convicted Wlasiuk of second degree murder, but the New York State Appellate Division overturned that verdict in 2006, citing a number of procedural and conduct errors by the court and DA’s Office.
Defense Attorney Randel Scharf of Cooperstown argued to have the guilty verdict set aside and sentencing delayed yesterday, asking the court to hold a hearing to investigate if jury misconduct took place.
Scharf’s arguments were based on a statement he took from one of the jurors, Jason Lyons, accusing another juror, podiatrist Dr. James Lentini, of possible misconduct for allegedly offering inappropriate medical advice during the deliberations.
Although Scharf had no statements from jurors to the specifics of the misconduct, he said that during the course of his interviews, he discovered similar concerns and said others told him that Lentini claimed to have performed autopsies. “He’s a foot doctor. I don’t know why he’d be talking about autopsies,” said Scharf.
Judge Martin E. Smith said he was frustrated with the defense for not presenting any additional statements from jurors to back up the attorney’s claims, and denied the motion to have a hearing.
District Attorney Joseph McBride said this morning his office and the Chenango County Sheriff’s Department conducted an investigation into the allegations of jury misconduct and found none.
“Defense counsel claims are without merit and contrary to what actually happened. After our investigation, there is no evidence that anything improper took place during deliberations,” said McBride, who added that Lentini had been questioned Tuesday evening following court proceedings.
Sentencing was delayed, however, because Smith said the DA’s Office failed to adequately inform the defense that family members would be speaking at sentencing. The judge said McBride failed to file notification within a 10-day deadline.
McBride attempted to withdraw the request and proceed with sentencing, but Smith said it was too late. He added, “The family has an absolute right to be heard, and it shouldn’t be part of a tactical decision.”
Scharf also said the court failed to provide adequate instruction to the jury during deliberations on a question asked by the panel regarding a document.
Smith said the document was submitted by the defense at the objection of the prosecution, and there was no basis for the motion.
During deliberations, the jury asked the court if the 73-page defense exhibit could be considered evidence after discovering a note on page 48 taken by a sheriff’s deputy.
Smith, after inquiring and receiving no objection from either attorney, told the jury they could.
The notes basically contained a run down of the sheriff’s investigation, including remarks that Patricia Wlasiuk’s diary allegedly contained passages that detailed a “fear of death” at the hands of her husband and a growing concern over Peter’s sexual relationship with Joyce Worden.
Less than 30 minutes later, the jury returned with a conviction on the charge of second degree murder.
Smith also noted in court Tuesday that the defense raised no objection or requested any limitations at the time.
“If I had that to do over, I’d request limiting the question. No doubt about it,” said Scharf.
“That is neither here nor there,” responded the judge, saying the defense could have presented the document page by page if they had desired.
Patricia’s diaries were presented as evidence by the prosecution in the 2002 trial, but on appeal the appellate division was critical of the passages being submitted to the jury, saying that a number of the entries were several years old and created unjust bias. The prosecution elected not to present the journals as evidence in the second trial and avoided drawing attention to them in witness testimony.
Smith postponed the sentencing until 11 a.m., Nov. 17, saying that up to two family members may then speak in court. Scharf said he intended to use the delay to gather additional jury statements and make additional arguments for setting aside the verdict when court resumes.