Saratoga County Court Judge Scarano issues decision on admissibility of murder defendant Joey M. Paul’s statements and prior bad acts at trail which is now set for August 12, 2013
Saratoga County District Attorney James A. Murphy, III announced today that Saratoga County Court Judge Jerry J. Scarano issued a decision in the People v. Joey M. Paul case regarding the Huntley hearing, relative to the admissibility of the defendant’s statements and a Molineux hearing, relative to the prior bad acts.
In the Huntley decision the judge permitted all of the statement offered by the prosecution to be offered at trial. The judge found that the New York State Police proved the defendant with her Miranda warnings, that she understood her rights, and that she voluntarily waived her rights. He also allowed the prosecution to offer at trial her spontaneous statements that she made at the crime scene to officers prior to Miranda. The DA’s Office declined to release the sum and substance of the statements at this time, but will release actual statements in detail at the time of the trial.
In the Molineux decision the judge denied the prosecutor the ability to tell the jury that the defendant had previously shot a third party with a BB gun twice from 15 feet away while holding the gun at him at eye level. She also stabbed the third party and hit him with a 20 pound weight. The People argued during the hearing to the judge that the reason why they wished to use this was because while she claims the indicted case is “an accident”, this previous incident demonstrates that she has a familiarity with firearms and demonstrates a lack of mistake or intentional conduct. The judge disagreed in the written decision as is it was too prejudicial.
The Judge permitted the prosecution to discuss at the upcoming trial that the defendant hit the victim in a previous instance in the head with a lamp while he was sleeping. The judge also permitted the prosecution to enter into evidence testimony regarding a previous incident, that the defendant and the victim got into a physical altercation when the victim asked the defendant to leave his residence, similar to the incident in the indicted pending case. And the judge further permitted the prosecution to use information that the defendant had threatened to kill the victim numerous times over the course of their relationship.
The Judge set a trial date for August 12, 2103 at which time the parties will go forward with jury selection.
DA Murphy said “We are pleased with the judge’s ruling and Assistant DA Lyn Murphy is prepared to go forward on August 12. While nothing will bring back Mr. Furlani, the People look forward to seeking justice on behalf of him and his family by providing to a trial jury the facts and circumstances surrounding his alleged murder.”