Update #2 ·

Peter Wlasiuk 3rd trial sentencing minutes. Everyone please read. Its long but worth it. Thank you!

S T A T E O F N E W Y O R K
COUNTY COURT COUNTY OF CHENANGO
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THE PEOPLE OF THE STATE OF NEW YORK,
Plaintiff,
-vs- Indict. 2007-63 NYSPIN 5795015L
PETER M. WLASIUK,
Defendant.
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SENTENCING in the above-entitled
matter, held in Chenango County Court at
Norwich, New York, on October 26, 2012,
before the HON. JOSEPH CAWLEY, Acting
County Court Judge.
APPEARANCES:
JOSEPH A. McBRIDE, ESQ. Chenango County District Attorney
MARK LOUGHRAN, ESQ. Attorneys for Defendant
DEFENDANT, Present in Person
Reported by
Helen F. Hagen Sr Court Reporter
(The following takes place on October 26, 2012.)
THE CLERK: This is the People of the State of
New York verse Peter M. Wlasiuk, Indictment 2007-63.
THE COURT: You are Peter Wlasiuk, sir?
THE DEFENDANT: Yes.
THE COURT: And you appear with Mr. Loughran,
is that right?
THE DEFENDANT: Yes.
THE COURT: Initially, Mr. Loughran had filed a
lettered dated August 22nd, 2012, with certain
objections to the pre-sentence investigation. With
respect to those objections, the second full paragraph
on the first page objects to references to Mr. Wlasiuk's
relationship with the mother of his first child. The
specifics are contained within that letter.
Article 390.30 discusses the scope of the
pre-sentence investigation, and it is to include
information included but not limited to family history.
A history by Mr. Wlasiuk of prior conduct as discussed
therein is, in this Court's opinion, certainly relevant.
The application to amend the pre-sentence investigation
to redact that information is respectfully denied.
The second objection was to amend and
accurately reflect Mr. Wlasiuk's rank in the military.
That application is granted and will be amended
accordingly.
There was an objection with respect to the
Compass risk assessment instrument and the respective
assessment. I will completely disregard and put no
weight whatsoever upon the Compass risk assessment as is
contained in the pre-sentence investigation.
Regarding the evaluative analysis as set forth
in the last paragraph of the second page of Mr.
Loughran's application, once again, the scope of the
pre-sentence investigation permits the investigation to
include any matter which the agency conducting the
investigation deems relevant. The author's opinions,
such as they are, could certainly be considered as
relevant to the question of sentencing.
Based upon the information contained in the
record, I will allow the report to remain as it is but
will accept such as I deem appropriate. And with
respect to the first and only paragraph on the third
page and Undersheriff Lloyd's opinion with respect to
Mr. Wlasiuk's conduct throughout the course of the
investigation, it's duly noted, Mr. Loughran, that you
disagree with that assessment. I do understand that
that is Undersheriff Lloyd's opinions. And I will treat
them with the weight I believe is appropriate. I would
add that to the extent Mr. Wlasiuk invoked his
constitutional rights, that is not uncooperative with
law enforcement, in this Court's opinion.
We're scheduled here for sentencing this
morning. Mr. Loughran.
MR. LOUGHRAN: With regard to the Court's
rulings on my August 22nd letter, your Honor, the Court
said that it would place no weight on the Compass
assessment, and I would respectfully ask that that
portion of the pre-sentence report be redacted.
THE COURT: Well, I think the scope of the
report as set forth in Article 390 does in fact warrant
its inclusion within the report. I understand and note
your objections and the concerns that you have. I don't
think it's inappropriate to be included. I don't think
it would be appropriate to exclude or redact from the
report. But to the extent that the Compass risk
assessment makes certain conclusions based upon their
interpretation of that assessment, I am not putting any
weight in that risk assessment instrument. Anything
else?
MR. LOUGHRAN: Well, I think in that regard,
obviously, the Court is aware the problematic
ramification of the pre-sentence report as it follows
Pete threw this system. And I think not redacting it
would, in effect, require that a copy of the sentencing
minutes be affixed to the PSR wherever it may go through
the system as well, just to make it clear. I think it
would be easier just to redact it.
THE COURT: All right. I will direct that a
copy of the sentencing minutes follow -- although I'm
sure they do anyway -- Mr. Wlasiuk as we go through the
process. Anything else?
MR. LOUGHRAN: To the extent that the Court
denied any of my other requests with regard to my
August 22nd letter, I would just ask the Court to note
my objections.
THE COURT: Absolutely. Mr. Loughran, anything
else at this point in that regard?
MR. LOUGHRAN: No, your Honor, thank you.
THE COURT: Mr. McBride.
MR. McBRIDE: Just briefly. The Court is here
to sentence this defendant for the conviction of killing
his wife, Patty Wlasiuk. I will note that this is
Domestic Violence Awareness Month and that this, in my
mind, Judge, is the perfect example of a domestic
violence case that escalates into a homicide.
Judge, Patty Wlasiuk was married to this
defendant and they had children together. And Mr.
Wlasiuk had a child from a previous relationship. And
Judge, in 2002, that marriage was disintegrating, and I
believe the police reports show a history of marital
problems which included violence against the victim.
And Judge, for financial reasons and for personal
reasons and for reasons that will never be known to this
Court or to myself or to the family of the victim or the
defendant's family, on those late hours of the night of
the 2nd or going into the 3rd, the 3rd going into the
4th, whichever is the proper date, the defendant chose
to take his wife's life and leave his children and her
children without a mother.
Whether that was for financial gain to benefit
from her death, which the evidence established -- or for
the personal gain so that he could be rid of his wife so
that in fact he could be with another woman who he was
involved with at the time. The real issue is that
there's no doubt that Mr. Wlasiuk intentionally killed
Patty Wlasiuk that night or in the early morning hours
of, I believe, the 3rd.
Judge, I'd ask the Court to consider all the
factors, all the evidence, and all of the testimony that
you heard throughout the trial and all the information
contained in the pre-sentence report, and I ask you to
consider what the only just and proper sentence would be
in this matter.
The victim's family is here, as they have been
throughout the trial. As the Court knows, this is not
the first time they're here for a sentence. This case
has been a long battle for them throughout the three
trials. It's been a long battle for the People in the
criminal justice system. And Mr. Wlasiuk has received
his day in court and he has received the just and fair
trial before his peers, the people of Chenango County.
I'd ask the Court to put all sympathy aside for
the victim and for the defendant to evaluate the facts
and testimony and the verdict which was rendered by 12
people in Chenango County that this defendant is guilty
of murder in the second degree of Patty Wlasiuk. And
for that, Judge, I would ask the Court to sentence him
to 25 years to life in the New York State Department of
Corrections.
And I'd ask the Court to give a recommendation
and I'll put on the record my recommendation that Mr.
Wlasiuk never be released from the Department of
Corrections at any future parole date based on his
conduct in this case and causing the intentional death
of Patty Wlasiuk.
Thank you, Judge.
THE COURT: Thank you. Mr. Loughran.
MR. LOUGHRAN: Your Honor, with regard to the
last thing that Mr. McBride said -- and I know that that
was also an issue that came up at the last trial and
sentencing -- I'm at a loss to understand why someone
would go to great pains to inform parole or to make it
clear to parole that Pete should never be afforded his
due process rights through the system and be allowed to
be let out after serving his time. I don't understand
that, given his pre-sentence report, given the fact that
he had a clean record, given the fact that he was a
business owner and somebody who worked hard in his
community. I simply don't understand that. And I would
ask the Court not to make such a recommendation, to
stand silent in that regard. I don't think it's
appropriate in this case.
The Court, obviously, sat through a rather
lengthy trial and has intimate knowledge of the
preceding trials. And it's very clear in the last two
trials, when you look at the deliberations undertaken by
the juries in the last two trials, that they agonized
over the decision, that they spent a very long period of
time trying to come to a conclusion. And you can look
at that one of two ways. You can say, "Well, that means
they were dotting their "i's" and crossing their "t's",
and certainly they worked very hard.
Another way you could look at it, I would
submit to the Court that the Court should look at it
this way, is that that is indicative this is not a case
where there was overwhelming proof of guilt. It was
clearly not a case where there was overwhelming proof of
guilt.
We submitted a rather lengthy 330 motion which
the Court has addressed and answered and provided a
decision to us for. I would ask the Court to note our
exception to the Court's ruling in that regard as well.
I would submit that the proof as adduced at this trial
is insufficient to support the conviction. In any
event, Pete has now served ten years in prison based on
the initial conviction and the subsequent convictions.
Based on his records, based on the pre-sentence report,
I would ask that the Court submit -- I would ask that
the Court sentence Pete to the minimum sentence allowed
by law.
THE COURT: Thank you, Mr. Loughran. Mr.
Wlasiuk, anything you want to say, sir?
THE DEFENDANT: I'd like to give you a little
history, personal history and speak about it myself. I
would like to start out by saying I wish you had been
the Judge of the second trial. I feel that it would
have been dealt with differently. I feel I would have
been acquitted then and I feel we wouldn't have been in
a third trial. I appreciate you sitting over, and I
understand where you have to go with the law.
I'd like to first start out, because I don't
know what I'm going to say until I'm sitting here
listening to it -- Mr. McBride said that there was
police reports of domestic violence in 2000. There's no
police reports, your Honor. I challenge Mr. McBride to
produce one police report that says domestic violence,
once again stating stuff that's outside the record,
untrue, not part of this.
The second thing, his story that Mr. McBride
has concocted about me being married to a woman and her
dying in mysterious house fire, had nothing to do with
it, was no longer with the woman, had no involvement
with the woman for years. It's just something that Mr.
McBride is making up to make me look like a monster,
okay?
A lot of evidence has been tampered with. A
lot of evidence has been falsified, okay? I brought
this to my lawyer's attention. My lawyer tried to bring
to it many Mr. McBride's attention. Mr. McBride said,
"Hey, if you bring it up, we'll just claim that you did
it or the Investigator did it." I asked my lawyer to
bring that to your attention. That was never brought to
your attention.
I would like to know why, because nobody can
tell me, Mr. Scharf was not allowed to be my attorney
during the third trial, the most qualified attorney --
with no disrespect to Mr. Loughran -- he is an attorney,
but Mr. Scharf spent 28 months inside and out with this
case. He did everything that he had to do. A mistake
was made. No different than the mistakes Mr. McBride is
making, but nobody kept him from participating in the
trial.
Nobody had Detective Lloyd calling his ex-wife
and trying to dig up dirt on him. Nobody had the county
police following him to the county line. A lot of stuff
went on, your Honor, that, like I said, I wish you had
been part of the second trial that we could have
approached -- I brought all of this to Mr. Loughran's
attention. He just at the time felt that maybe we were
getting the waters too muddy.
After ten years and three trials, there's
nothing but muddy water here. There's no way I can
prove my innocence in this county. There's no way --
every time I turn around, newspaper articles, how much
is it costing the county, how much is it costing county?
How much is it costing? I'm sorry, I didn't create
these costs.
In 2008, we stood right outside Judge Smith's
chambers. I heard Judge Smith with Randy Scharf with
Dave Beers with the two corrections officers say to Mr.
McBride, "It appears Mr. Wlasiuk will be getting a new
trial but it won't be today and it won't be from me."
So any point on from there, I didn't waste the money;
the system wasted the money.
I'm sorry that, you know -- and I'll keep
fighting, your Honor. 33 and a third years is what the
average person accused of murder do, even if he's
guilty, before he even gets parole. I'll never see
parole. I will die in prison or I will die fighting to
get out of prison. Not because I want to be out of
prison or I want to be free. My life is gone.
Everything I want is gone; it's in the past, okay? I
have just been trying to clear my family name. I have
been trying to clear my name for my daughters.
And when I walk into a parole board and they're
going to look me in the eye and say, "Can you tell us
what you did wrong?" I'm going to say, "I didn't do
anything wrong," and they're going to say, "Denied."
And I'll do that every time, your Honor, because I'm not
going to say I hurt my Patty or killed my Patty or did
anything to my Patty that I didn't do, okay?
A lot of people stepped forward and they tried
to present themselves as the loving family as the people
that -- I was there. My mother was there. My father
was there. We were there. A little tid bit that Mr.
McBride doesn't know: 21 days, your Honor, 21 more days
and my wife was going into rehab. My father, my mother,
everybody was on their way. I had no help from Patty's
family. I approached Patty's family. I spoke to them
because I don't understand alcoholism. I didn't
understand addiction. I could not understand how
somebody can have a beautiful house, beautiful kids,
money, cars, and just be addicted to -- I understand it
now because I have a person in prison that's part of the
Bible study that explained to me what addictions are and
everything. The only thing I have now is regret and
remorse that I never met this person earlier in my life
so that I could understand as her husband what an
addiction was, what I could do to get her the help that
she needed. I was relying on people to inform me what
to do and it would have been different had I known.
I have an issue with the people in the papers
constantly pumping up and ramping it up. I mean, the
guy that writes the newspaper article, I threw him out
of my bar, him and his band, doing drugs in my bathroom.
I threw them right out of the bar. Got them right out.
But now he's writing newspaper articles. His step mom
is up there talking about how she is solving crimes and
everything.
I'm not from around here. I moved to this
area. I became a part of this community. I brought
money to the community. I tried to run businesses in
this community. But I've always been the outsider, did
what I had to do, and for that I keep getting, you know,
told I'm a murderer, done all that.
I have an issue with my witness Joyce being
pulled into an interrogation room right before her
getting on that stand by Detective Lloyd and Officer
Cobb and then her changing her testimony completely
during the third trial from the first trial. I
challenge anyone to read the first testimony from the
first trial and then read the testimony from the third
trial. It doesn't go that far apart, your Honor, unless
somebody's threatened her with something or caused her
to lie against me. I got little things that I jot down,
your Honor.
THE COURT: Take your time.
THE DEFENDANT: I have an issue with Detective
Lloyd discussing the Miranda issue in front of the jury.
He did it during the first trial, brought it up on
appeal. He did it during the second trial, brought it
up on appeal. There's no way, your Honor. There's no
way that they don't know that they keep making the same
mistakes obtain this wrongful conviction. All they do
is look at your Honor and say, "I'm sorry, your Honor,"
they didn't know.
But if you follow the history of the records --
everybody thinks that Pete is the this phenomenal
jailhouse lawyer. The newspaper articles, I'll just go
right back and I'll look for an issue and I'll find a
loophole and coming right back down. Your Honor, I'm
not as smart as you and I'm definitely not a lawyer like
Mr. Loughran or Mr. McBride, but you know yourself it
isn't that easy to keep coming back on appeals. There's
no magic wand. There's no magic case law. It's the
facts that I didn't do this crime.
And I keep pushing. And every time I keep
pushing, Mr. McBride just alters the evidence, alters
the testimony of the witnesses, changes everything so
it's self-serving to him. He's not seeking justice.
He's seeking conviction. He's saving a career. That's
what's been going on every time. I tried to remain
quiet. I tried to remain silent. I keep praying and
hoping that the best will come out. It's just not
happening.
When they get on that stand, they keep making
the same -- because they know what works; don't change
it if it works. Obtain a wrongful conviction and I'll
go back up to Attica or where I come, I'll have another
appeal. The judges in their fine wisdom up in Albany
will turn around and say, "Look, we got to give him
another trial." I'll come back down and they'll attack
me again, say how much money I'm wasting. I cannot get
a fair jury, your Honor. But they they'll say, "Oh,
look, he's" -- I'm not finding loopholes. There's
something wrong with this case. It's been rotten since
the bottom. It started out rotten and it's just
continually -- you know yourself when you build a house
on a bad foundation, if the foundation is bad, the rest
of the house is going to be crooked. And this
foundation in this case has been crooked since day one.
Another issue that you might not have known
about is the way it's been rammed through. I returned
January 6th. Judge Smith is saying we're going to trial
in March. Then by the time we got Judge Smith recused
for his, you know, part, you know, conflict of interest,
by the time Mr. Loughran is assigned and everything,
60 days of prep time. 60 days that we're ramming a case
to go to trial. And Mr. Loughran has got to read three
sets of transcripts for everything and all the motions
and all the discovery.
We had to rely on Dave Beers for so much stuff
that he no longer was a private investigator, he was
paralegal/co-counsel. Like I said, nobody's been able
to explain to me why Mr. Scharf was kept from me. I did
not want to alienate myself against you and pushing that
issue hard. But it was worth bothering me. It's been
bothering me since day one. Mr. Scharf was the lawyer.
He knew the case inside and out. Kept in touch with me
while I was preparing for appeal. Unless you say he did
something criminal or something wrong that he couldn't
be my lawyer, I don't know why he was kept from me. I
don't know why he was denied to be my lawyer.
Like I said, I'm not trying to be disrespectful
to Mr. Loughran, but two and a half years is more time
to prepare, and he knew my case inside and out. There's
a lot of stuff, exculpatory stuff, that got missed
during the third trial.
Nobody, nobody has explained that to me, your
Honor, and I keep bringing that up because, you know, I
have followed your career back from when you were a
lawyer and up until you were a Judge, and you presented
yourself and, like I said, my only regret is that I wish
you had been part of the second trial.
I can only hope that one day you might have the
time when -- I know you're busy -- that you can sit back
and compare the case itself and look at stuff and use
your defense attorney wisdom and look at this stuff
because I'm being wrongfully convicted. I'm innocent.
I didn't kill my wife. I didn't do anything to -- you
know, I tried to cover for her, yes. I tried to, you
know, but I could never commit a crime like that. I
definitely wouldn't kill Patty. She was my best friend.
She was the mother of my children. She was my father
and my mother's daughter, daughter-in-law. I mean, we
were -- you know, I don't even kill animals. I wouldn't
even kill a human being.
Another issue is at the end, the issue I have
with Mr. McBride is every time that he's gone through,
he keeps prosecutorial misconduct, doing his little
tricks out of his bag, and you gotta learn your lesson
after one time to know, "Hey, we already brought it up,
I brought it up in 440s." The appellate lawyers are
bringing it up. That things getting done, that
community thing at the end.
If you're so confident in your case, your
Honor, and you so believe that I'm guilty, then why do
you got keep stooping to dirty tricks? Why do you have
to keep doing stuff that the Appellate Division has
said, "Don't do this, don't do this." And yet Mr.
McBride keeps doing it. It's done to obtain a wrongful
conviction.
I'm sure I can think of 100 things that I could
say and I'm going to forget them and I'm not going to
get the chance. But as I said, your Honor, I'm relying
on your wisdom and your knowledge of the defense
attorney, you know, people in this situation. People
don't get three trials. People don't win their appeals
and keep coming back unless there's something wrong.
And we still haven't even scratched the surface of
what's wrong. And what's wrong -- and I'm going to say
straight out is Mr. McBride, Detective Lloyd, Detective
Cobb, they're doing everything in their power to secure
this wrongful conviction. They're tampering with
evidence. My radar detectors are missing. My chains
are missing. Hairs are being planted in the truck.
Hairs are being planted in a bush.
My wife and I were never in that bush. We were
never in the back part of that property. So for anybody
to say anything about hairs, hairs in the back of a
truck -- you know, you see it right from the record,
your Honor, I'm sitting here and I'm talking to you, and
I can be the same saying what I'm saying.
But the record speaks for itself, the pictures,
the photos. This is all their stuff. My investigators
didn't take it. My lawyers didn't take it. They didn't
fill it out. But anyone with a half a brain follows the
history of the reports, the photos and everything, it's
happening and unfolding right before their own eyes.
I keep trying to point it out and they just say
we're looking for a loophole. There's a grave injustice
being done here. It's just he's trying to point the
finger at me and say I'm the murderer, I'm the guy in
Chenango County that everybody lost to hate. Nobody
knows us. Nobody, you know, domestic violence, never.
Never a single -- never a single incident of domestic
violence.
They put a witness up there that's self-
serving. The record doesn't show but, you know, he fist
fought with his best friend right in my driveway, best
friend was a pedophile. Got in an argument with his
best friend. He gets up on the stand, he tells the
story in the second trial.
Now, I'm confined to his testimony in the first
trial. I didn't want that. I was confined to another
lawyer's questioning and I felt that that was unfair. I
understand what you ruled on the law, but it still
wasn't fair because I had a whole set of exculpatory
things that had arisen since I had been up at Attica,
appeal, had other witnesses that weren't produced they
had exculpatory stuff.
This case has just grown out of control. It's
just too big to do in one day. I mean, I'm sorry I
sound more like I'm complaining than the actual -- I
would like to just close on the thing is I love my
daughters. I love Patty. I loved Patty with my all my
heart. She's the only woman I have ever been married
to. Never married to anybody else. Nobody ever got
killed.
You know, all three of my daughters live with
my father. My one daughter is in Syracuse University,
high honor college student. Right now she's on a
program with Poland that they put her in exchange. My
second oldest daughter is 100s and 99s right across the
board. My youngest daughter, she's the same way, high
honor, honor society. And a lot of thanks to my father.
And I would like to take some credit to that
because a lot of money spent on phone calls and letters
trying to stay in touch, trying to be the father, trying
to be the parent, you know, I possibly could. My job
didn't stop with this. At the time I thought it did
and, you know, if you pulled my disciplinary record in
prison, you'd see. I got no disciplinary. Ten years.
I'm not a murderer. I'm not a criminal. I'm
not a killer. I'm a guy that made a stupid mistake. I
tried to cover for my wife. Years ago with machoism, I
thought I would look you dead in the eye and say, "Yeah,
I'd do it again, your Honor." Being honest with you --
covering for my wife, in other words a lot of times
people say well, you know, previous lawyers said, "Well,
if you would have just got out of the lake and you would
have just told them what Patty did, you wouldn't be in
jail."
Which is another thing I would like to touch
upon, although it doesn't -- Sergeant Shoales. I sat in
the visiting room and my mother, who I had a very close
relationship with -- I had a very close relationship
with my mother and father throughout my whole life. My
mother and father were married to the day my mom passed
on December 5th, 2003.
My mother sat right there and told me, "If you
had done the right thing and you had told them, you
wouldn't be in jail." I said, "Yeah, mom, you're right,
if I hadn't done what I had done, maybe I wouldn't be
here."
That's not a confession. And for Mr. McBride
to sit there and put a falsehood up there and just use a
half a sentence from Sergeant Shoales in saying that
"Because he said that, that that was a confession," no,
my mom was absolutely right. Maybe the lawyers were
absolutely right. Maybe if I had just gotten to the
phone, called the police and told them exactly what
happened right then and there, maybe I wouldn't be here.
I'm not too sure, to be honest with you, because the way
I've seen this county deal with me, it probably would
have went the same way maybe, maybe not.
But like I said, a couple years ago if you
would have said to me, "Pete, would you have done
anything different," I'm stuck on stupid with the honor
and the pride, and I did the right thing protecting
Patty, I have no guilty conscience as far as facing
good. I have done nothing wrong. I actually pray and
wait until the day I'm going to be with my mother and
Patty again. I mean, whenever they decide they're going
to take me, they're going to take me.
But I'm dealing with this. I didn't want to be
the martyr. I didn't want to be the person that
everyone loved to hate. I didn't want to be the person
that cost this county all the money. I mean -- and this
all stems from everything I hear in the newspapers,
everything that people, you know, anybody that thinks
I'm innocent, they take the news' position, it will take
him time but he will prove his innocence. Anyone that
wants to say I'm guilty or has something negative, every
one of the witnesses that got up there, something
negative, something that I know that I've either thrown
out of the bar for drink and drugs or I fired them for
stealing, every one of them. And yet I got to listen to
this circumstantial evidence, your Honor.
This is all these people, circumstantial. The
way the rumors took off in this county, you thought I
had a torture chamber. You thought that, you know --
but never an act of domestic violence. Mr. McBride
keeps saying domestic violence, and I would like to
challenge you, your Honor, respectfully there's not a
single report. There's not a photo. There's not a
single phone call. Seventeen and a half years of
history I have had with Patty, I never put a hand on
her. Never. The one incident you knew of, spoke of it.
No domestic violence.
But he wants to keep telling you there's
domestic violence, this is domestic violence awareness
month. Just more prejudicial stuff to keep throwing on
top because he can't win it. It's all circumstantial.
He keeps saying it. And that bothers me. I take a lot
of pride. Any man -- and I'll say it, any man that hits
a woman is a coward. I'm not a coward. I have never
hit a woman. Never.
I just pretty much -- that's going to be it,
your Honor, because like I said, I'm 43 years old and by
the time I come back again and have another trial, God
willing my father and everything will still be healthy
and fine, but it just bothers me that I got to keep
doing this until somebody's going to finally take a look
at this case from a non-biased position.
And I know you have nothing to do with that,
your Honor. I know it was twelve jurors, that every
single one of them except for one juror knew about the
history of this case, saw it on Discovery Channel, saw
it on Forensic Files, saw it on Montel Williams.
Hundreds and hundreds and hundreds and hundreds of
newspaper articles that's written.
I mean, I got the article, your Honor. They
wrote an article on Thursday, October 11th, "Sentencing
for Wlasiuk still up in the air, costs mount for third
murder trial." And then the very next day, your
decision comes on the 330 motion. We sat for how long?
I sat in the jail waiting to go for sentencing longer
than Mr. Loughran had time to prep for this trial. And
then the newspaper article gets written and it's like
throw another dagger, let's get there process moving.
Then at the end it talks about anonymous people
giving him information. They want to remain anonymous.
I don't know if you have seen the article. If you would
like, let Mr. Loughran know and I'll forward you one.
Like I said, your Honor, I'm going to ask you
to defer to your experience as a defense attorney and
the knowledge that you have that defendants just aren't
automatically jail house lawyers and they don't just go
find loopholes and they don't keep coming back because
they can. If I was guilty, your Honor, I wouldn't even
bother.
This is more stress on me, my father, my
daughters, stress that I don't want to cause them. They
support me 100 percent. I'm thankful for that. But in
the same aspect, I wouldn't cause them stress, want to
cause them pain or stress. I am that much an old school
individual. I was raised by my father, you know, pay
your taxes, don't be a thief, you know, do what's right.
Like I said, I would like to close and say I'm
not a murderer, once again. I didn't kill Patty. I
love Patty. I loved Patty all of my life. And that's
another thing, one more thing, this wedding band. I
haven't taken this wedding band off since October 1st,
1996. I got to read newspaper articles how I just throw
on the magical wedding band whenever I come to a court
case. It was amazing how I had a different shirt every
day at trial how, you know, I got a tattoo that refers
to not having remorse or regrets.
I have a tattoo, your Honor, and it's in
tribute to my daughters, it's in tribute to my children.
My wife and we drew it, went to the tattoo parlor at the
same time. She had one, I had one. It's a tribute to
our children. It has a date on in, if anybody wants to
see the date on it. It's well before my wife and I were
even married. It's before I was even accused of murder.
It has a date of '95 on it. It was there. And my wife
and I had sat down and we made a pat with Willy -- it
was Willy and Ashley at the time, but then it went into
my daughters Jolene and Rebecca -- we do for the
children before we do for each other. That was our, you
know, no regrets, our children came first before
anything else.
I didn't bring children into the world to just
abandon them and not take care of them. And after Patty
had her childhood, she knew what she wanted to do as
being a parent and we made a pat that, you know, so all
these fallacies and these rumors going around about me
having no regret or, you know, more so than Patty,
nothing could be farther from the truth.
And as far as the probation report, like I
said, I really wish you would look into that before you
made a decision on that because as you would see there
was no -- if you investigate it yourself, they keep
claiming a wife had died -- there's nothing suspicious
and, if you like, if you wanted to is -- I would just
like to prove that fact to you.
I'm tired. I'm tired of people making up these
lies up, and I got to just keep sitting back as a
defendant and taking it. No disrespect to Mr. Loughran
-- and I got to keep biting my tongue -- don't muddy the
waters, don't dwell on the small stuff, don't look at
what these people are trying to do, they're trying to
goat you, they're trying to prejudice you. It's the
facts that are going to prove.
I'm sorry, in this county there's 51,000
people. There's like 9,000 males and 18,000 female
eligible jurors. And every one of them knows what's
going on with this case. And every one of them is
walking in here, they want to say, "Oh look, he's the
murderer, he's the murderer."
But if you keep looking at all the prejudicial
stuff that keeps getting piled on to stuff, I can't dig
out of it. It's a sink hole. Motions that wanted to
be -- I got stuck with the motions. I got the
Indictment dismissed with Judge Smith, and then I come
back, you know the law. I'm not trying to sit and give
you a lesson. I'm bound.
That's another thing, your Honor, that I have
an issue and I would like to put on this record is I was
bound by Mr. Neroni's errors. And the reason I bring
that up is in 2002 when I first got arrested, I was one
of those people that I don't have to say nothing, I
didn't do nothing, I'm innocent, and pretty much I
thumbed my nose at the government. I said, "I did
nothing wrong, I don't have to." Mr. Neroni, "Oh, do
this, do this, do this." Prejudice all the way through.
He has me talking to an insurance adjuster. I
didn't want to talk to the insurance adjuster. If you
yourself read the transcript, you'll see where I know
they cannot show you what was physically going on in
that visitation room. I'm arguing with him. I'm
fighting with him. He's telling me to say things that
are not true.
In the first trial, he's making me ownership to
boots in evidence that ain't even mine because he has a
theory that he can prove Mr. McBride wrong. Lo and
behold, we all know what happened to Mr. Neroni. He's
been disbarred. He's no longer an attorney.
Your Honor, right there is what set this whole
thing. Now I have been totally bound consistently by
Mr. Neroni, what his mistakes were, what he did. Back
then I didn't know nothing, your Honor. I didn't know
enough to fire him. I didn't know enough to stand up
and talk to you like I am doing right now.
If I'm lying right now, Mr. Loughran can tell
you right now I'm lying. I've bumped heads quite a few
times with Mr. Loughran where I want to go speak to the
Judge, I don't want this done. Not that he did anything
wrong, but it's just because I have been in so much fear
of what lawyer Neroni did to me and the not standing up,
I went through a second trial.
We saw, as Mr. McBride bragged in your
chambers, we saw the error unfolding right before our
eyes in chambers. Yeah, I wanted it addressed right
there. But nope, Judge Smith didn't want to address it.
As he said, "It appears Mr. Wlasiuk will be getting a
new trial but it won't be today and it won't be from me.
So relax, Joe, you can go on vacation."
So there I went back up to Attica for four more
years just to come back. That was $32,000 for an appeal
attorney, all the transport. Like I said, the money
keeps going up. It's because we keep holding on to a
wrongful conviction.
Like I said, your Honor, 33 and a third years
and I walk into parole, they're going to look at me and
say, "Well, Mr. Wlasiuk, what did do you wrong?" And
I'm going to look at them and say, "Absolutely nothing,"
and I'm going to die in prison. Okay? If it was a
matter of just getting out of prison, I would have took
Mr. McBride's deal, we wouldn't even have had the third
trial. I turned down the deal because I'm innocent.
I mean, I'm not going to take a plea bargain
and say anything that's not true. I mean, my own
attorney thinks I'm a fool that, you know, chivalry is
dead. But my father raised me. My mother raised me.
You know, you pay taxes. You don't steal. You go in
the military. You fight for the country. You raise
your kids. You keep them off of drugs. I never did
drugs your Honor, never. 43 years old. I grew up in
the '60s, '70s, '80s. I have never even smoked a
marijuana joint. I have never deer hunted. I have
never killed an animal. No, you know, I don't go around
hunting animals. I definitely would not kill a human
being.
Sorry I feel like I'm rushing but, you know,
but I don't want to -- I know I'm going to forget stuff.
I met Patty when I was 17 years old, okay? And I know
the day I fell in love with Patty, okay? I've never
loved any other woman. Now mind you, Patty was young
and I was young. Patty went to rehab. She had to get
her life straight. I had women propose to me. I have
never proposed to another woman.
Yes, it's true I do have another daughter. She
is going to be 20 on November 3rd. I have had custody
of her since she was five years old, okay? The woman I
was with didn't want her. So we went through it all,
and I'm a man; a man takes care of his responsibilities.
He owns up to and I took custody of my daughter, paid
for her. I have never been on welfare.
To this day, your Honor, my family is not on
welfare. We have never taken a dime from this county.
My father pays $10,000 a year taxes in this county. Ten
years, you know, raises my daughters, makes sure I have
money for commissary. I know as a Judge you know what
commissary is to make sure I have shoes on my feet. At
43 years old, my father has to look after me, and I'm
grateful for that, okay?
Our dream was -- we bought -- excuse me. We
bought 56 acres on one side of the road, and 34 acres on
the other side of the road and Patty, me and my children
were living on one side of the road and we built a house
for my father and mother and grandmother across the
road.
This fallacy that Mr. McBride keeps trying to
sell you on is that I wanted financial gain, I wanted
another girlfriend. I was an over-the-road tractor
trailer driver, okay? I'm very proud to say, other than
the affair that we had with Joyce, which was of my
wife's choosing, which regrets -- yeah, I wish I had
never agreed to it, we ruined a very good friendship.
As you heard Joyce testify years and years and years of
friends with me, years and years of friends with Patty.
Then, lo and behold, because of a stupid little I don't
know what you want to call it, moment -- so I don't
appreciate all that looking for a girlfriend.
I'm an over-the-road tractor trailer driver for
17 and a half years. If I wanted girlfriends, I would
have one in every state. I'm going to go from a woman
that makes fifty something thousand dollars a year, is
the mother of my children, is my best friend that I have
loved since I was 17 years old, to a woman that has
children, no job, is on social security disability, and
virtually getting ready to get kicked out of her house
on a divorce. It made no sense, your Honor.
And Mr. McBride keeps saying and keeps telling
the newspapers $350,000 insurance money. No. $100,000
on the policy, for the mortgage, for small business that
they wanted as a stipulation. As far as that other
thing, I didn't even know about that. My mother-in-law,
my former mother-in-law, was the only one that knew that
Patty had that type of policy with the hospital. And as
you see where the beneficiaries were, okay.
So for him to keep saying that financial
gain -- there was no financial gain. I mean, I had
everything with Patty. Patty and I worked towards it.
You know, Mr. McBride would like the whole Chenango
County to believe that I came into this marriage and I
was living off of Patty. I put $17,000 cash on the
house that Patty and I moved into. We bought the
property across the road cash. My father bought and
paid for his house. I'm not going to disclose his
personal business in this courtroom, but I can tell you
it's high up there what it cost. Cash.
You know why there's loans? To be honest with
you, your Honor, is we got to the point where they kept
saying we would have no credit because we kept paying
for everything cash. So Mr. McBride can sit there and
try to tell the whole county how we were hurting for
money, we were hurting for money. If I ever needed a
dime, I could just go to my father. I mean, I'm proud
to say I didn't need any dimes.
I mean, we were doing our thing and my father
and my mother moved up here to this community, had every
intentions of opening up two or three more businesses,
hence what Mr. McBride sold to a jury as we were looking
at another bar.
My mother wanted to open a bakery up here. We
were on our way to probably buying the Quikway in
Guilford. The mine that Mr. McBride's family member has
bought, lo and behold, we were looking at it. $750,000,
your Honor, NBT said, "We'll give that money to you and
your father in a heartbeat as long as you don't have --"
and I won't mention his name on this record -- "this
individual as a partner."
Well, my father and I were smart enough to know
that that partner was one of the reasons we needed -- we
never went for that. So we were going and looking at a
bar. The Angel Inn was something for Patty and I, our
retirement, a 401k.
Everyone says, "Oh, your wife was an alcoholic,
why would you own a bar?" It was an investment, your
Honor. And lo and behold, when I was looking into the
bar, Patty hadn't fallen off the wagon yet, okay? Never
thought she would.
I would like to say for this record, because
the family keeps blaming me for Patty falling off the
wagon, that I never gave her alcohol. I never allowed
her to have alcohol, okay? My wife was sexually abused
and very abused when she was young, okay? She had nine
years sobriety, your Honor.
Certain individuals of my in-laws decided after
seeing a special on Oprah Winfrey that they wanted to
sue a man down in Miami that had done this to not only
her but her siblings. I was in New Mexico at the time.
I was on the phone. I was with one of my drivers. My
wife's in tears just telling me about this. I said,
"Can you wait until I get home and we'll discuss it?
Don't make any decisions yet."
I took my wife out to dinner to that little
Italian restaurant in Binghamton and we're sitting there
and she told me they want to sue him, and I said how
many years later, 30 something years later, you're going
to have to be stand in front of people?
That was the first night, your Honor, because
my wife was so distraught, she took a sip, one sip off
of a beer. Then after that, your Honor, it was a
constant catching, hiding it. She was hiding it from
everybody. I told my mom one time if I was a multi-
millionaire I'd higher a babysitter, you know. And my
mom says, "You got to get her help. If you don't love
her, then let her drink because you're going to let her
drink and die." And that's not what I wanted. I wanted
Patty to get the help.
And I'm not trying to pick on my in-laws. I'm
just tired of Mr. McBride, Detective Lloyd, Detective
Cobb, they filled my in-laws with all this mumbo jumbo,
and they bought it hook line and sinker, and they
haven't stopped once to stop and think about my
daughters, about me, about how we were.
I didn't go from the age of 17 to the age of 33
with my wife and all of a sudden one day wake up and
say, "Oh, we're going to commit a murder." I went to my
in-laws. I hope that my mother-in-law can remember the
day that I sat down and I said to my mother-in-law, "I
don't understand alcoholism. I have never been addicted
to drugs. I'm not addicted to alcohol." And my mother
in-law's advice was, "Put her in rehab." Your Honor,
that was approximately two years prior to my wife's
death, okay?
My wife turned it around on my mother-in-law
how "She just wants to get me locked away, take our kids
away." And I bought it hook, line and sinker. I turned
against my mother-in-law because I believed my wife.
She had taken my stepson once before. I loved Patty so
much -- and I'm not saying nothing bad about Patty
because I still -- I supported her because I believed
she was right, you know, I believed, you know, it wasn't
until, like I said, 21 days, my mother and my father
were on their way up here. We had already made the
arrangements. She was going into rehab.
I'll be honest with you, Patty was nervous to
go into the rehab. My mom made a promise to Patty. I
made a promise to Patty. That my mom gets up here, she
will help me take care of the kids. "I'm not leaving
you. I'm not going anywhere." Her fears and concerns,
"I'll love you, I'll love you until the day I die."
Then lo and behold, you know, this anger. I
hate to sound like a jerk on this one, your Honor, but
if I was going to kill somebody, I would do it a lot
different -- and I don't mean I would ever do it, but
this is how ridiculous this whole thing is. I mean, I
wouldn't even have been there. I wouldn't have even
tried to call 911. There's so much that this is so
wrong on every level.
Another thing that keeps upsetting me -- and
I'm sorry, Mark -- is there's no burdocks down at the
lake. There's no burdocks down at the lake. You can
go down right there, your Honor, walk the circumference
of the lake and you're going to find burdocks. I mean,
Dave found them. We had in 2002, we had the expert that
had done the scuba diving. If you want I'll have him --
I know there's nothing you can change right now, your
Honor. But please, I understand that I must
substantiate everything I'm saying to you and any day
that you want to challenge me on it, please give me the
opportunity.
Because we had the scuba diver go down. We had
him look for the burdocks. He found burdocks. He
brought the burdocks up. He gave it to Attorney Neroni.
He got in here and he said, "I'm a minister and I can't
swear an oath on James 5:12, "Let your yes be your yes
and your no be a no. Do not swear on anything of heaven
or earth for if you do you will be condemned to
hell."
You know what Judge Howard Sullivan said? "I'm
not letting you testify." The man had a fear of God and
he said he wouldn't lie and they wouldn't even let him
testify in 2002.
Any time I have been able to prove my innocence
with exculpatory evidence, it's been blocked. Any time
a piece of evidence was needed, it was made up. I'm
saying and I'm challenging it, your Honor, they had that
truck sitting in that garage for over 20 something days.
I watched them myself go inside and outside of that
truck every single day, they never find a hair. They
go, they get a bag of hair from Dr. Terzian, right there
in the property thing. Next thing, lo and behold, very
next morning there's hair with a perfect bulbus root in
the back of the truck.
I'm not just saying that, your Honor. It's
right there in the records. I know you've seen a lot of
defendants claim things. But they can't substantiate,
they can't show it. It's right in the photos. You look
at the transcripts, your Honor.
There was so many times that the witnesses got
up there and tailored their testimony in the third trial
from the second trial. That's why I feel that Mr.
Scharf would have been the most viable lawyer for me
because, unfortunately, it's burned in his brain. The
man has the whole trial burned in his brain. He knew my
case inside and out, maybe better than me. From a legal
standpoint, yeah, he knew it better than me. From the
facts, I'm haunted by them because I think about them
every single day.
To be honest with you, your Honor, if you asked
me ten years ago if could this happen, I would have been
one of those people that said, "No, they would never
wrongfully convict somebody. Maybe he did something
else that, you know, maybe deserves it." I was one of
those people. I would have never believed that they
could have done what they done to me.
I have had COs ask me how I do keep from going
crazy? How do I keep from going insane? Being honest
with you, your Honor, half the time I want to throw
myself on the floor and just curl up and cry like a
little girl. Then other times I want to go crazy, I
want to flip the table. What good is it going to do me
either way?
Everybody wants to write a book on this case.
I just want somebody to look at this case that doesn't
have something to gain. I want somebody, you know, it's
the only reason I respect the Appellate Division in
Albany is because they don't care about me either way.
They don't care if I win. They got nothing to gain.
And they keep seeing what this case is about. And
that's why they keep sending this case about because
they know a man has been wrongfully convicted.
I just don't really know any more what to do.
Age is catching up with me. I keep joking with the
officers that, when we all started this case, nobody had
gray hair and nobody needed reading glasses. Everybody
including myself now is getting gray and getting reading
glasses.
My family, my wife's family. I married my wife
to be with a larger family. I don't know at what point
they decided to turn on me. I tried to reach -- another
thing, too, they said in this trial that I had broken
ties. I didn't break ties. My wife died April 3rd,
2002. I had met with Patty's grandmother and her uncle
Jim in December 2001. I had had contact with them.
They were -- her uncle Jim's minivan, they sat right in
my driveway. Gigi had snuck over to see the progress
that I was making on the house that I was building for
my father and discussed the fact that my wife had
disowned that side of the family. My stepson had
emancipated himself.
And that's another thing, too, I don't like the
word coming out of my mouth is stepson. Because it
isn't until recently they started calling him stepson
because I've known Willy since he was one years old,
okay? And when I married Patty, I married Willy. He
was a part of my family. I've always looked at him as
my son. And only he knows -- and I wish he would get
his life straight and I wish he would do everything to
make his mother proud. And if he's in this courtroom, I
don't even know if he's here, but I think he knows what
I'm talking about and I don't want to see him fail. And
I wish he would get his life straightened around.
That's what I'm asking for him because it's all I've
ever wanted for him and I want no different for my
daughters. He emancipated himself. He knows the
reasons he gave to the Judge why he was emancipated. He
blamed my wife. I know he was mad at the time. I had
many conversations with him while I was on the road. He
wasn't mad at me. He was mad at his wife -- excuse me,
at his mother.
My wife just totally turned over, your Honor.
I know you can't understand it in the same way, and I'll
give Mr. McBride the benefit of the doubt just for
30 seconds. I know you can't understand, but when this
all went down, it killed my wife. When Willy left and
she disowned her side of the family and we were just
trying to -- Gigi came over with Uncle Jim. Everyone
keeps saying that Pete -- and I'm saying this out loud,
not to throw stones, I'm giving my in-laws the
capability to go substantiate it. They can go ask Uncle
Jim, they can ask Gigi.
December of 2001, a couple months before my
wife even passes away, they approached trying to figure
out how are we going to get the two families together?
This is how ridiculous this was. Gigi and I had to
converse in secret because my former mother-in-law
wouldn't have us co-mingling. It's just ridiculous.
What caused the fight between my mother-in-law,
I was plowing her driveway with a snow plow because I
was doing the right thing. I woke her up. She
screamed, she cursed at me. I screamed, I cursed at
her. We haven't talked since.
Once Willy emancipated himself and Patty viewed
it as the same thing she had done the first time when
she had taken custody of Willy away, that was it, they
were the enemy. We're not allowed to talk to them. I
tried to get their help when it came to the alcoholism
and I got accused of betraying her, how dare I go to
those people and ask them for help? If anybody she
would accept help from, it was going to be my mother.
It was going to be my father.
I'm assuming with your wisdom, you've dealt
with addicts and alcoholics, and that was pretty much
the way we convinced her of it. Fine, "If you want my
help, you want my mother's help, if you'll go to rehab,
then my mom and my dad will be here, they will be living
here full time." 21 days, your Honor. I mean, ten
years later, I cannot believe it, 21 more days, and our
lives would have been back to normal.
I say normal because she would have got the
help she needed and she would have, you know, with the
help of my mom and my dad as well as me, we would have
been fine.
The another thing I would like to point out in
the second trial is Dr. Terzian changing his theory
across the board all the time. Then he sat in this
trial and he lied to you and he lied to this jury and
said he knew immediately. We have the notes from Dr.
Ucci where two days later he's telling Dr. Ucci that
this was a heart attack. And it wasn't until -- nobody
knows what it is, your Honor. Nobody's knows what it
is, unfortunately.
Because as I said before, I'm not as smart as
you. I'm not as smart as Mr. Loughran but, you know,
unfortunately, I have had to study this stuff. And I'm
smarter than the average citizen to know what
circumstantial evidence is, how convictions are
obtained, what's factual evidence, what's exculpatory
evidence, what's inculpatory evidence. If you had asked
me that in 2002, I didn't know what it was, your Honor.
But that's all this is.
They don't know what happened, your Honor. But
it's easier to make it look like a murder than it is to,
you know, call it what it is, a wrongful conviction. My
experts, you saw, she drowned. That's another thing I
would like to put on this record for your Honor because
I don't know how familiar you are with this and I was a
little upset with Mark because he left it for the expert
to tell you, but -- when I first got -- when my mom
first passed away, I had nobody to help me any more.
How do I explain to you your Honor why I'm
innocent? How do we know Patty drowned because there's
only four telltale signs to a drowning victim, okay?
And the odds of a person -- and I would like you to call
somewhere in your free time, call another forensic
pathologist outside this area, just like you did that
day in chambers when you had to get that information,
please do that. Call a forensic pathologist.
They'll tell you that a forensic pathologist is
lucky if he gets one, maybe two of the telltale signs of
a drowning victim. The lack of petechial hemorrhage in
the eyes, the water in the lungs, the temporal bone
hemorrhaging, the other hemorrhage, okay? Mr. McBride
keeps saying that Patty was thrown on the ground because
there was a bruise on her lungs. That's not a bruise.
That's the hemorrhages in the lungs that the pathologist
relies on to show -- that's the aveolie, the sacs
ripping from the lungs as the water has entered the
lungs, and that's what causes that hemorrhage in the
lungs.
You heard the hyper-expanded, your Honor.
Hyper-expanded is because when they're dying when
they're drowned, that's causes -- you don't find that in
a smothering victim, you don't find that in a
strangulation victim. You don't find this in a little
section.
That's why, your Honor, that's why they took
the tongue so to look for serial section, they look for
the hyoid bone. There was no serial suctioning on the
tongue. All these telltale signs that forensic
pathologists rely on, you know, had been to prove this,
they would have said 100 percent. But no, four telltale
signs that a forensic pathologist is lucky if he finds
one or two that he can call this a drowning, Patty had
all four telltale signs of a drowning victim.
Your Honor, I challenge you. I'm asking you
respectfully call up a forensic pathologist that's got
nothing to do with this case. Call Norfolk, Virginia,
the actual military base that we sent the records to
before we even got involved with Dr. Sikirica. We sent
them down the records, "Could you please tell us what
this is?" They looked at it. They stated it was a
drowning victim.
You need to get a civilian pathologist involved
in this. The minute you start saying, "Oh, there's no
burdocks at the lake," the minute you start saying
there's a history of domestic violence, the minute you
start saying Pete was beating Patty who was doing all
this stuff that's not true, the minute you start
planting hairs and bushes and hairs in the back of a
truck, the minute you start moving evidence out of a
bed, photographing it and putting it back, the minute
you start finding jackets in lakes, the minute you start
trampling the scene, everything's compromised, so it's
got to be a murder. No.
Not a murder, your Honor. It's medically and
scientifically there. Let's put the facts to it to make
it look like a murder. We could make three different
scenarios -- I'm sure you being the defense attorney you
were, you would come up with three different scenarios.
Like I said, there was a lot of research that was done
medically and scientifically that would prove that I'm
innocent, and the exculpatory evidence kept getting
swept under the carpet. And every time I brought
something out in 440 motion or we come to another trial,
Mr. McBride's got a magic wand, he just changes all
around, revamps, you know.
And I don't know if I will ever get justice.
But I hope somewhere, somehow we do that, just look
because Dr. Sikirica got on the stand and he told you
this was a drowning. Every time Mr. McBride spoke to
that jury, they wrote like fiends in their pads. The
minute Mr. Loughran got up there and started talking to
them, what did they do, your Honor? They folded their
arms and sat back like, "We're not hearing you, we're
not listening to you." There was one juror that was on
that jury was fighting, and the only reason he was
fighting is because he didn't know nothing about this.
He told us. And he had a conscience because he's a
religious person. And he wanted to make sure. He went
through all the rigamarole, and he really aggravated a
lot of jurors and alienated quite a few. And we went
how long?
Just imagine if I had eleven jurors that hadn't
heard anything about this case? Just think if I had
six? Where would we have been? We had four the last
trial. And we saw how that turned out. Right at the
last minute, a piece of evidence that wasn't even
evidence, something that couldn't be relied on, was able
to rely on, and Judge Smith allowed them to rely on it.
His words were "The long answer and short answer, short
answer was yes, go ahead, rely on it." A man with all
his wisdom allowed them to rely on it and I got
convicted.
Now, once the jurors learned that the evidence
that they were relying on was no good, they all want to
give affidavits, "Oh, we're sorry, we're sorry, we would
have found him innocent."
So this is no longer a judicial system when it
comes to three trials and if it goes to a fourth trial.
This is, you know, just keep covering it up. Like I
said to your Honor, I wish I had had you for the second
trial. And if you can understand it, it's like a sink
hole. Even for me. To keep trying to explain to
lawyers.
So I started to tell you earlier I had to learn
this stuff just so I could tell somebody what's wrong,
why am I innocent? I'm not trying to loophole the
system. I'm not trying to waste people's money. I'm
having a hard time just laying down and letting the
system trample over me knowing I didn't do this. Too
much pride, whatever.
But I cannot sit here and say I hurt Patty or
murdered Patty when I know I didn't, when God knows I
didn't, when my mom up in heaven knows I didn't.
I don't know. Like I say, one more thing --
and I'm sorry I keep with my character has been attacked
so much. As I told you, my mom and my dad were married
until the day my mom died. I graduated high school with
honors. I graduated the military with honors. I have
held a job since the age of 12 literally, summer jobs,
after-school jobs. I came out of high school and
graduated with honors. I did two years and one year,
your Honor, because I wanted to go and go into the Army
so bad and make my mother and my father proud. I went
into the Army. I graduated the Army with honors.
I came out, I immediately took a career in the
trucking industry. I had taken the test to become a
police officer for municipalities where I lived. I
ranked -- out of 380 something people, I ranked No. 30
on the list. I was waiting to go into the police
academy. I was still young at the time and I was
blowing through all the money that I had saved from the
Army. I went to my father and I said to him I didn't
want to be a bum. My father stepped up and he co-signed
for a loan. We bought our first rig. I drove tractor
trailer.
From that point, from the age of 17 and a half
years, from that point on, I got, what do you call it,
33, when Patty passed away we had, you know, a whole
history, my father and my family, financial. I have
never had bankruptcy. I have never bounced a check in
my life. I have never reneged on a credit card company.
I have never been late on a payment.
Mr. McBride sits there and talks about, you
know, all the accounts they seized they didn't, you
know, didn't speak on that, all the money. He doesn't
talk about the accounts I had in Jersey. He doesn't
talk about the money I had invested in equipment that
was free and clear that I owned. He's trying to say --
I hold exotic cars, your Honor. I hold Jaguars,
Lexuses, BMWs, Volvos, Lamborghinis. If I wanted a
measly $300,000, what do you think ten Lamborghinis or
ten Jaguars would cost in a chop shop, your Honor?
And I got 17 years of history in and out of the
Jersey courts, your Honor. And what I'm trying to say
to you is if I was ever to commit a crime, murder would
not be a crime, and ten Jaguars would be a lot more
money than $300,000 for financial gain.
So I'm tired of hearing Mr. McBride and his
nonsense about financial gain, financial gain. If I
needed $100,000, I could have walked to my father and
said, "Dad, I need $100,000." And yeah, he would groan
and he would say, "Well, I will need it back." "Not a
problem, Dad."
So I'm tired of Mr. McBride making this lie up
about financial gain. And as far as wanting to sell
this Court on the affair, it is something stupid that my
wife came up, that I was just as stupid for to agreeing
for, okay? And all it was is a fantasy thing. And it
was supposed to happen one time. And one time only.
And lo and behold, as you know women will be,
your Honor, they made a relationship out of it. It was
no longer a friendship. And at the risk of sounding
like a jerk, I will say it had its trying moments
because at times it became like a three-way marriage.
And as I had to tell my wife several times, "Just
because we did that with that woman, she's not my wife.
She's not your wife. You're my wife. I love you until
death do us part. Until the last bill is paid." You
know, I'm going to change her dirty diapers, she is
going to change my dirty diapers. That woman was not
our marriage, okay? If I was this philanderous (sic),
owning a bar -- I know I just said the word wrong, I
butchered it -- but I would have had 20 girlfriends in
the bar. Mr. McBride would have been marching 20 women
up there.
But no, ten years Patty and I were together,
back together, she hadn't been with anybody else, I
hadn't been with anybody else. Joyce was the only
person. Like I said, not our shining moment. Joyce was
a good friend. She looked after our family, you know,
our kids and everything, and I don't have anything mean
to say about her other

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