Wlasiuk trial set to begin April 30
NORWICH – Twice-convicted murderer Peter Wlasiuk returned to the Chenango County Courthouse Friday and Broome County’s Judge Martin E. Smith – acting judge in the case against the former Guilford resident – announced a trial date of April 30 following a brief scheduling conference with attorneys.
It was Wlasiuk’s first appearance in court since the New York State Supreme Court’s Appellate Division upheld his second appeal in the death of his wife, Patricia Wlasiuk, whose body was recovered from Guilford Lake in April of 2002.
The trial is scheduled to run from 9 a.m. to 4:30 p.m. Monday through Friday beginning on April 30, reported Smith, who also scheduled three panels for jury selection in the case. Wlasiuk, dressed in an orange prison jumpsuit, appeared with his attorney – Binghamton-based Mark Loughran – and was remanded to the Chenango County Correctional Facility pending his third trial for second degree murder in connection with Patricia’s death.
Wlasiuk – who continues to maintain his innocence – was first convicted of murdering his wife and later staging a Guilford Lake truck accident to cover up the crime in 2003, a conviction that was overturned on appeal in 2006 due to errors regarding the admittance of prejudicial evidence. Re-indicted in 2007, Wlasiuk was serving a sentence of 25 years to life following a second conviction in 2008. That decision was reversed late last month after the Supreme Court’s Appellate Division determined Wlasiuk “received ineffective assistance of counsel” from his attorney at the time, Randel Scharf. According to the court memorandum, Scharf’s failure to “join in the prosecutor’s request that juror No. 5 be discharged for cause once it became clear that the juror had committed misconduct in obtaining his seat on the jury” and “introduced evidence that this Court previously held to be unduly prejudicial, inadmissible hearsay” was responsible for the successful appeal.
The Supreme Court memorandum concluded that, “In the alternative defendant argues – and we agree – that he was denied the effective assistance of counsel due to the defense counsel’s refusal to consent to the removal of juror No. 5 for cause.”
District Attorney Joseph McBride had no comment other than – pursuant to the Appellate Court’s decision – the case has been set down for trial and the district attorney’s office is set to move forward.
Loughran, Wlasiuk’s latest attorney, was unable to be reached for comment.
It was Wlasiuk’s first appearance in court since the New York State Supreme Court’s Appellate Division upheld his second appeal in the death of his wife, Patricia Wlasiuk, whose body was recovered from Guilford Lake in April of 2002.
The trial is scheduled to run from 9 a.m. to 4:30 p.m. Monday through Friday beginning on April 30, reported Smith, who also scheduled three panels for jury selection in the case. Wlasiuk, dressed in an orange prison jumpsuit, appeared with his attorney – Binghamton-based Mark Loughran – and was remanded to the Chenango County Correctional Facility pending his third trial for second degree murder in connection with Patricia’s death.
Wlasiuk – who continues to maintain his innocence – was first convicted of murdering his wife and later staging a Guilford Lake truck accident to cover up the crime in 2003, a conviction that was overturned on appeal in 2006 due to errors regarding the admittance of prejudicial evidence. Re-indicted in 2007, Wlasiuk was serving a sentence of 25 years to life following a second conviction in 2008. That decision was reversed late last month after the Supreme Court’s Appellate Division determined Wlasiuk “received ineffective assistance of counsel” from his attorney at the time, Randel Scharf. According to the court memorandum, Scharf’s failure to “join in the prosecutor’s request that juror No. 5 be discharged for cause once it became clear that the juror had committed misconduct in obtaining his seat on the jury” and “introduced evidence that this Court previously held to be unduly prejudicial, inadmissible hearsay” was responsible for the successful appeal.
The Supreme Court memorandum concluded that, “In the alternative defendant argues – and we agree – that he was denied the effective assistance of counsel due to the defense counsel’s refusal to consent to the removal of juror No. 5 for cause.”
District Attorney Joseph McBride had no comment other than – pursuant to the Appellate Court’s decision – the case has been set down for trial and the district attorney’s office is set to move forward.
Loughran, Wlasiuk’s latest attorney, was unable to be reached for comment.
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