NORWICH – A motion to disqualify the Chenango County District Attorney from prosecuting the case of an alleged homicide involving the murder of a New Berlin woman has been denied. The motion alleges a conflict of interest which would have required the appointment of a special prosecutor from outside the district attorney’s office.
Ganesh R. Ramsaran, 38, of New Berlin, was indicted in May of 2013 for second degree murder, a class A-I felony, in connection with the alleged murder of his 36-year-old wife, Jennifer L. Ramsaran. According to indictment papers, Ramsaran intentionally caused the death of his wife at the couples’ 449 Sheff Road residence in the Town of New Berlin, on or about December 11, 2012.
Jennifer was first reported missing by her husband on December 11, 2012. At the time he claimed she had failed to return from a shopping trip to Destiny USA in Syracuse. Her body was found some ten weeks later down an embankment adjacent to Center Road in the Town of Pharsalia. Two days later, on February 28, once the Chenango County Sheriff’s Office had confirmed the identity of the body, her husband posted the following to a Facebook page: “I would like to thank all those who gave up many precious hours of their own lives to help look for Jennifer. To all of the friends and family of both mine and Jennifer’s, I thank you ... who worked many hours voluntarily and provided support to me and my children, awareness and non-stop searching for Jennifer. I thank you all.”
Editor’s Note: This quote was first published in The Evening Sun on February 28, 2013. The Facebook page, entitled “Jennifer L. Ramsaran Missing Person,” has since been taken down.
Following his arrest, Ramsaran’s attorneys have staunchly maintained his innocence.
In a notice of motion dated July 17, 2013, defense attorney F. Stanton Ackerman filed a written motion to disqualify the Chenango County District Attorney’s Office from prosecuting the defendant based on the fact that assistant district attorney Michael Ferrarese, a part-time prosecutor, had as part of his private practice and prior to the death of Mrs. Ramsaran, represented Eileen Sayles – a women with whom the defendant is alleged to have had engaged with in an extramarital affair. In a court paper dated August 1, 2013, Ackerman asserted that: “Upon discussions with the prosecutor, and based upon investigation conducted, and upon information of belief, it is the prosecutor’s intention to attempt to show in this circumstantial evidence case a motive for the defendant to allegedly murder his wife, which was the fact that the accused was having a relationship with Eileen Sayles, and that there was some inkling that she was going to return to her husband ...”
Last week, on August 30, the Honorable Frank B. Revoir Jr. submitted a written ruling. According to the ruling, Judge Revoir determined the defense’s reasoning outstripped what could adequately be demonstrated.
“The reasoning assumes much. It assumes, for instance, that Mr. Ferrarese – and by extension the entire Chenango County District Attorney’s Office – because of his representation of Ms. Sayles, must be privy to privileged, damning (but as yet undocumented) and undiscoverable evidence that unfairly disadvantages the defendant,” reads the text.
The ruling goes on to state Ferrarese’s representation of Sayles, his supposed friendship with her stepfather, Rick Caputo, and the investigation into the death of Ramsaran are all in accordance with the accepted rules pertaining to the case.
The written ruling also states that: “Adultery is a common motive for murder. This particular adultery is common knowledge, is known to the prosection and to the defense, and would be known to any special prosecutor who might be appointed should disqualification prevail.”
The ruling concludes in stating the defense’s inability to prove the existence of an actual conflict of interest or prejudice is the basis for a denial of the motion to disqualify.