Appellate court denies on appeal by Castor, upholds a second
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ONONDAGA COUNTY, N.Y. -- The appellate division has denied one appeal by Stacey Castor, while upholding a second.
Castor is currently serving a 51 year sentence for murder and attempted murder for killing her second husband and trying to kill her daughter.
In her first appeal, Castor's lawyers argued that evidence should not have been allowed regarding the death of her first husband, which she was not charged with.
But the fourth appellate division ruled that there was clear and convincing evidence that Castor committed that crime, allowing prosecutors to present that evidence. The court also denied Castor's appeal on several other grounds, ultimately affirming her 2009 conviction.
In a separate appeal, Castor claims a motion filed in 2010 was not handled properly. Her lawyers argue a 2007 statement to police was taken in violation of her right to counsel and that motion was denied in Onondaga County Court.
The appellate court upheld that appeal, deciding that a hearing should have been held on that matter.
That hearing will now go back to county court but ultimately, the appellate court ruled that Castor was not denied her right to a fair trial.