Opening statements in Oxley re-trial
Five years ago, the case shocked St. Lawrence County. Now, Wayne Oxley of Ogdensburg is back in court, facing a retrial for the murder of his neighbor, Bernard Trickey Jr. Our Rachael Paradis was in St. Lawrence County court for opening statements.
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ST. LAWRENCE COUNTY, N.Y. -- Five years ago, Bernard Trickey Jr. was found beaten to death at his home in Ogdensburg. And for the second time, the man police say is responsible is standing trial for murder. Wayne Oxley was Trickey's neighbor.
In opening statements Wednesday, the prosecution says Trickey's death was no accident, that Oxley beat him with a baseball bat.
The defense claims Oxley was with a friend at the time and couldn't have committed the murder, but the prosecution is relying on the previous testimony of a second neighbor across the street, who claims he saw "Oxley with that big long stick in his hand walking towards Bernie's."
Oxley says that neighbor, John Shannon, borrowed the bat the night of Trickey's death and that a witness saw him walking with it. The defense claims Shannon is the one behind the murder.
The morning after Trickey was murdered, police flooded New York Avenue in Ogdensburg, going home to home asking questions. Oxley let them in and in his basement, they found a bloody baseball bat.
The prosecution says Oxley went to John Shannon's house and told him to get his bat out of his basement. But the defense said "Why would Oxley go to (John) Shannon's house and tell him to get that stuff out when the night before Shannon told him he was a police informant?"
John Shannon passed away in 2005. His testimony will still be read in court.
In the coming days, jurors will also hear from detectives, neighbors and witnesses.
An alternate juror for Oxley's trial has been dismissed. The juror is accused of shooting a deer after dark and the judge called him "grossly disqualified" for the alternate position.