Man accused of murder claims other defendant is culpable; seeks court review
NORWICH – Appearing in Chenango County Court last week, one of the two men charged with the murder of an 11-year-old Morris girl is seeking to repress statements he made to police, and requests the top charge against him, second-degree murder, be dismissed.
James S. Brower, a Norwich resident, has pleaded not guilty to second-degree murder, first-degree hindering prosecution, tampering with physical evidence, and making a false written statement.
He, along with 34-year-old Tobias Rundstrom-Wooding, also of Norwich, were charged with the murder of Jacelyn O’Connor. Rundstrom-Wooding faces the more serious charges of the two men. He has pleaded not guilty to first-degree murder, two counts of first-degree rape, and charges relating to child pornography and lying to investigators.
Speaking on behalf of 36-year-old Brower on Friday, Assistant Public Defender Zachary T. Wentworth, claimed the evidence did not show his client had actually committed any violent act against the victim in the case. Investigators had previously said Brower was an accomplice in the case by helping to cover it up.
“We believe Mr. Rundstrom-Wooding is culpable in the case,” said Wentworth.
Wentworth asked County Court Judge Frank Revoir, Jr. to review the grand jury testimony and the indictment handed down in the case, which ultimately led to Brower being charged. Wentworth said it showed no proof of any physical acts against the victim by Brower.
Revoir said he would review the request and make a decision within two weeks.
In court, District Attorney Joseph McBride disagreed the murder charge should be dismissed. He claimed Brower was aware his co-defendant had committed the murder, and that he later helped Rundstrom-Wooding alter evidence at the scene before both men gave false statements to investigators.
In the previous court hearing, investigators alleged that it took 45 minutes for the defendants to contact emergency services after learning of O’Connor’s death, with McBride saying that indicated the two men were involved in a murder cover-up.
“These are motions made in every case,” said McBride after Friday’s court. McBride said the two men could not be tried together and could not technically be co-defendants.
According to investigators, Rundstrom-Wooding murdered O’Connor while he was committing rape in the early morning hours of July 30, and that Brower was aware of her murder.
According to New York State Police, they responded to a reported cardiac arrest on at 11:13 a.m. on Sunday, July 30, at 961 County Route 33, in the Town of Norwich, and when officers arrived, they discovered the body of the victim.
Brower was charged with murder two days later on August 1.
Then on August 4, police arrested Rundstrom-Wooding for the same murder.
Both defendants have been in jail since their early August arrests. Rundstrom-Wooding is being held at the Chenango County Correctional Facility in lieu of $500,000 cash bail, or $1 million bond. Brower is held on $400,000 cash bail, or $800,000 bond.
McBride said the case would likely go to trial later in 2018.
Pictured: Appearing at an earlier court proceeding in August, James S. Brower, sits with his attorney, Public Defender Zachary T. Wentworth. Brower is seeking to have the murder charge against him dismissed. (Tyler Murphy photo)
James S. Brower, a Norwich resident, has pleaded not guilty to second-degree murder, first-degree hindering prosecution, tampering with physical evidence, and making a false written statement.
He, along with 34-year-old Tobias Rundstrom-Wooding, also of Norwich, were charged with the murder of Jacelyn O’Connor. Rundstrom-Wooding faces the more serious charges of the two men. He has pleaded not guilty to first-degree murder, two counts of first-degree rape, and charges relating to child pornography and lying to investigators.
Speaking on behalf of 36-year-old Brower on Friday, Assistant Public Defender Zachary T. Wentworth, claimed the evidence did not show his client had actually committed any violent act against the victim in the case. Investigators had previously said Brower was an accomplice in the case by helping to cover it up.
“We believe Mr. Rundstrom-Wooding is culpable in the case,” said Wentworth.
Wentworth asked County Court Judge Frank Revoir, Jr. to review the grand jury testimony and the indictment handed down in the case, which ultimately led to Brower being charged. Wentworth said it showed no proof of any physical acts against the victim by Brower.
Revoir said he would review the request and make a decision within two weeks.
In court, District Attorney Joseph McBride disagreed the murder charge should be dismissed. He claimed Brower was aware his co-defendant had committed the murder, and that he later helped Rundstrom-Wooding alter evidence at the scene before both men gave false statements to investigators.
In the previous court hearing, investigators alleged that it took 45 minutes for the defendants to contact emergency services after learning of O’Connor’s death, with McBride saying that indicated the two men were involved in a murder cover-up.
“These are motions made in every case,” said McBride after Friday’s court. McBride said the two men could not be tried together and could not technically be co-defendants.
According to investigators, Rundstrom-Wooding murdered O’Connor while he was committing rape in the early morning hours of July 30, and that Brower was aware of her murder.
According to New York State Police, they responded to a reported cardiac arrest on at 11:13 a.m. on Sunday, July 30, at 961 County Route 33, in the Town of Norwich, and when officers arrived, they discovered the body of the victim.
Brower was charged with murder two days later on August 1.
Then on August 4, police arrested Rundstrom-Wooding for the same murder.
Both defendants have been in jail since their early August arrests. Rundstrom-Wooding is being held at the Chenango County Correctional Facility in lieu of $500,000 cash bail, or $1 million bond. Brower is held on $400,000 cash bail, or $800,000 bond.
McBride said the case would likely go to trial later in 2018.
Pictured: Appearing at an earlier court proceeding in August, James S. Brower, sits with his attorney, Public Defender Zachary T. Wentworth. Brower is seeking to have the murder charge against him dismissed. (Tyler Murphy photo)
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