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Man guilty of lesser charge for killing transvestite prostituteBy Jim O'HaraStaff WriterRoland Pa mode was acquitted of murder but convicted of second-degree manslaughter f** ^ i* /lt; ¥:Uiui a. rCounty Court Jjury deli- [/* berated more man nine hours overthe last two days.The verdict wasannounced shortly after 9 BOLAND PATNODE a,m.. about one hour after the jury of nine men and three women resumed deliberations after spending the night seouestered at the Hotels a: Syracuse Square. ~The verdict was a rejection of both the prosecution claim that Patnode intentionally murdered transvestite prostitute David McLaughlin last Oct. 1 as well as the defense contention that Patnode acted in self-defense in stabbing the victim.But both Chief Assistant District Attorney John Duncan and defense attorney James Meggesto voiced satisfaction with the outcome of the trial.McLaughlin's family* however, was angered by Judge Patrick J. Cunningham's decision to allow the 24-year-old defendant to remain free on $35,000 bail pending sentencing Sept. 15.He cut my son's throat/' Maria Grazul I said as she left the courtroom in tears. “They should keep him locked up so he can't do the same thing he did to my son. He's a criminaL It's something he's done, j It's inexcusable what he did. He's not bei- 1 ter than my son, he s worse/'Patnode and his parents rushed from zfce courtroom without comment shortly after the verdict.“He showed a bit of relief. Meggesto said of Patnode's reaction as the jury foreman announced the verdict. I think he's very happy.”The end of the trial came shocily after 9 am. when the jury foreman announced the panel had found Patnode innocent cf second-degree murder and first-degree manslaughter, but guilty of second-degree manslaughter.Patnode's mother, Mary Rose, sighed audibly and hugged her husband as the two not guilty verdicts were read By convicting Patnode of second-degree manslaughter* the jury found he acted recklessly — not intentionally — in killing McLaughlin after discovering he was a man dressed as a woman.Patnode had thought McLaughlin was a female prostitute when he picked him up in the downtown area and paid him $40 :o perform an act of oral sodomy.In court last week, Patnode claimedMcLaughlin began biting his hand when his sex was discovered.For several hours Monday afternoon and evening, the jury obviously struggled with the difference between reckless manslaughter charge and the first-degree manslaughter count in which the defendant was accused of intending to seriously injure McLaughlin and causing his death instead.The jury w as sent to the hotel for the night shortly after 11:30 p.m. after making no additional progress toward resolving the matter in the jury room.One of the men on the jury today said the panel had been split iliol throughout the evening with the majority pushing for the second-degree manslaughter conviction and the lone holdout seeking a conviction for a higher charge.The juror, who would not Identify himself today, refused to say w hich of the two higher charges the holdout — anotheriman on the jury — wanted.The juror said the 12 members of the jury struggled throughout the day Monday with the complex issues of the case. And* he said, having five different options to consider made it as difficult for the jury to reach a consensus as it would be for 60 people to agree on one issue.But the man said the jury never seriously considered the self-defense theory put forward by Meggesto.*it was pretty weak, the juror noted.Duncan said he intends to ask Cunningham to sentence Patnode to a state prison term. The defendant could face a maximum penalty of five to 15 years in prison, but he could also be placed on probation.I think given his conduct in killing this poor man and burying him as he did, he deserves a state prison sentence, Duncan said.
Newspaper Details
Syracuse Herald Journal
Syracuse, New York, US
Tue, Jul 28, 1987
Page 92
Full Page
Clipped by
Chad G.
USA 01 May 2023
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