Updated 08/07/2009 06:02 AM
New trial for Wayne Oxley will be in 2010
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CANTON, N.Y. -- Convicted of murder and sentenced to 25 years to life in prison.
Chief Assistant District Attorney Alexander Lesyk said, "It was admittedly Mr. Oxley's bat, the bat was found in Mr. Oxley's basement. It had blood on it."
But a midlevel appeals court has declared a new trial for Wayne Oxley Jr. in the murder case of Bernard Trickey.
Rich Manning, the defending attorney, says there was evidence that has emerged about a man named “Chase” - a man who reportedly threatened to kill Trickey hours before his murder.
Manning said, "There is more evidence how Chase got himself from Brooklyn to Ogdensburg to commit that murder."
For the upcoming trial, the defendant’s attorney requested a new DNA and blood expert. But the prosecuting attorney wonders just how many experts it will take to evaluate the evidence.
Lesky said, "When I made that point, I knew there wasn't a definite answer to that, but I do believe a time has to be reached, eventually, where if you can't find an expert to agree with you, you, maybe, you should take a different tact."
The original trial took eight weeks and this could potentially be another long and costly trial. But Judge Jerome Richards and the attorneys say they won't be putting a price tag on Mr. Oxley's life.
"There are limits to everything but it is not for me to say because something is expensive that a person should be denied his rights," said Lesyk.
Although there is pressure on courts to have a retrial move quicker than the original trial, there is no rule set in stone. Judge Richards does hope, however, to have a retrial marked on the court calendar by the first of the year.
Oxley appeared in front of Judge Richards at the St. Lawrence County Court Thursday. Bail was set at $100,000.