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Updated 03/18/2010 06:00 AM

Castor motion: Judgment should be vacated

By: Joleene Des Rosiers

Another chapter in the Stacey Castor case unfolds after she asks a judge in Onondaga County to vacate her conviction. Our Joleene Des Rosiers joined us from the newsroom with the details.

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ONONDAGA COUNTY, N.Y. -- The grounds of the request, simply put, is that Castor claims police misconduct and ineffective counsel led to an unfair trial. Now she's asking for her conviction to be vacated, or at the very least, a hearing to look into the alleged misconduct.

Stacey Castor was found guilty in 2009 of murdering her second husband, David Castor, and attempting to murder her daughter, Ashley Wallace. In the motion, Castor claims detectives violated her rights by not contacting her attorney first to gain permission to interview her in 2007. She also claims detectives knew she had legal representation.

Castor specifically names Detective Dominic Spinelli of the Onondaga County Sheriff's Department in the motion, citing various examples of how, she claims, he intentionally ignored her requests to talk to then attorney, Norm Chirco. She also claims Spinelli, in his official reports, deleted any reference Castor made to her attorney.

As a result, the motion says any statements made by Castor should not have been allowed to be used at her trial. The motion goes further to claim ineffective assistance of counsel.

Charles Keller represented Castor in a trial that made national headlines. Now Castor claims Keller failed to discover and address what she calls police misconduct before the trial.

As a result, Castor claims there is no clear record of the misconduct, a matter she eventually hopes an appeals court will review.

Castor's current appeal is on hold until Judge Joseph Fahey decides the matter.

Castor was sentenced to 51 years to life in prison for the death of David Castor and the attempted murder of her daughter, Ashley Wallace. She is still being investigated for the death of her first husband, Michael Wallace, and her father, Jerry Daniels.

We reached out to appeals attorney Randi Bianco. She chose not to comment.

We also contacted District Attorney William Fitzpatrick, who says it is unethical to comment until his office responds to the motion.

Calls made to her trial attorney, Charles Keller, have not yet been returned.

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