Updated 04/25/2009 08:10 AM
One step closer?
CAYUGA COUNTY, N.Y. -- Will she be tried for murder yet again? Stacey Castor was convicted of killing her second husband and attempting to kill her daughter. Cayuga County could be one step closer to an indictment for the murder of her first husband.
With less evidence and several years since Michael Wallace's death, Cayuga County needs to work a bit harder in their effort to prosecute Stacey Castor for murder. So they need every bit of information they can get. Cayuga County Sheriff Dave Gould realizes requesting the grand jury transcript, which are rarely opened after a trial, could be a tough grab.
"It's very unusual," Gould admitted. "In fact, it's extremely unusual that anybody in another county would ask for grand jury minutes in a neighboring county. The reason that the D.A. is asking for these minutes and certainly our investigators, is, the D.A. can subpoena anybody he wants for grand jury. But you may get a different version, the same people may not be available. The defense has the upper hand knowing everything that was said in grand jury. We do not have that privilege."
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In the meantime, the first wife of David Castor, who Stacey Castor was convicted of killing, has a plan. Janice Poissant's family has closure now that Castor has been convicted of David's murder. But the Wallace family, not yet. Poissant says because Michael Wallace's body never underwent an autopsy immediately after his death, Stacey Castor got away with murder. She says if an immediate autopsy was done, this would be a different story.
Said Poissant, "If they had done an autopsy then, this wouldn't have gone to Dave, nor possibly almost the murder of her own daughter. And who knows what else?”
“And you would call it what?” our reporter asked.
"The Wallace-Castor mandatory autopsy law," said Poissant.
While Poissant's goals may take a little longer to realize, the Cayuga County sheriff and D.A. could have their answer in just days.
"Hopefully the judge will make a decision in our favor and we can review those minutes and transcripts from Onondaga County," Gould said.
Added Poissant, "There's no greater pain than to see your own child in pain, that they're suffering. And my son, from all that's happened, he's in pain. The Wallace's need to have their closure, too. To move on."
The judge in the case is reviewing the transcript and researching. He will make his decision May 4th.