Defendant in child murder case considers plea deal with prosecutors
NORWICH – The defendant in a pending murder trial appeared with his attorney in Chenango County Court on Friday and discussed his mental limitations along with the possibility of a plea agreement in the near future.
James S. Brower, 36, of Norwich is charged with second-degree murder, first-degree hindering prosecution, tampering with physical evidence, and making a false written statement.
He allegedly assisted another defendant, Tobias Rundstrom-Wooding, with a fatal attack on 11-year-old Jacelyn O'Connor on July 30, 2017 in the Town of Norwich.
In June, Rundstrom-Wooding pleaded guilty to second-degree murder and first-degree rape. He was sentenced to 20 years to life in state prison.
Chenango County Court Judge Frank Revoir Jr., said Brower had discussed taking a plea deal of one-and-a-half to four-and-a-half years in prison on Friday, but his defense attorney Clifton Carden said they would need time to consider any plea before pleading guilty.
"I didn't see today as any kind of finalization of this matter," said Carden. "Although I have spoken to my client about the offer, I would like time to really discuss things with him to ensure he understands what he'd be agreeing to."
According to Carden, Brower suffers from a low IQ level which influences his actions and behavior, and he hopes the district attorney's office will consider that a factor as well.
"We have consistently maintained his innocence throughout these proceedings," said Carden. "I think we're very close to coming to a resolution, but we're not there yet."
According to First Assistant District Attorney Michael Ferrarese, all negotiations have occurred between the defense and District Attorney Joseph McBride, and if the case were to continue to trial, the district attorney's office would be asking for an adjournment due to office's pending staffing concerns.
"There have been negotiations between our offices, but nothing as been agreed on and we are still awaiting trial at this time," said Chenango County District Attorney Joseph McBride.
Revoir scheduled another plea deal accept or reject hearing at 1:30 p.m. on January 4 to determine if the defense will take the deal, and said the attorneys will discuss the matter further on Christmas Eve.
James S. Brower, 36, of Norwich is charged with second-degree murder, first-degree hindering prosecution, tampering with physical evidence, and making a false written statement.
He allegedly assisted another defendant, Tobias Rundstrom-Wooding, with a fatal attack on 11-year-old Jacelyn O'Connor on July 30, 2017 in the Town of Norwich.
In June, Rundstrom-Wooding pleaded guilty to second-degree murder and first-degree rape. He was sentenced to 20 years to life in state prison.
Chenango County Court Judge Frank Revoir Jr., said Brower had discussed taking a plea deal of one-and-a-half to four-and-a-half years in prison on Friday, but his defense attorney Clifton Carden said they would need time to consider any plea before pleading guilty.
"I didn't see today as any kind of finalization of this matter," said Carden. "Although I have spoken to my client about the offer, I would like time to really discuss things with him to ensure he understands what he'd be agreeing to."
According to Carden, Brower suffers from a low IQ level which influences his actions and behavior, and he hopes the district attorney's office will consider that a factor as well.
"We have consistently maintained his innocence throughout these proceedings," said Carden. "I think we're very close to coming to a resolution, but we're not there yet."
According to First Assistant District Attorney Michael Ferrarese, all negotiations have occurred between the defense and District Attorney Joseph McBride, and if the case were to continue to trial, the district attorney's office would be asking for an adjournment due to office's pending staffing concerns.
"There have been negotiations between our offices, but nothing as been agreed on and we are still awaiting trial at this time," said Chenango County District Attorney Joseph McBride.
Revoir scheduled another plea deal accept or reject hearing at 1:30 p.m. on January 4 to determine if the defense will take the deal, and said the attorneys will discuss the matter further on Christmas Eve.
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