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Patnode murder trial jury resumesdeliberations today to find verdictBy Jim O’HaraStaff WriterA County Court jury deliberated late into the night Monday without reaching a verdict in the murder trial of Kolartd Patnode.Shortly after 11:30 p.m., the juryof nine men and three women was escorted to the Hotels at Syracuse Square for the night following nearly 8 Vz hours of deliberations.The jurors were to resume their efforts to reach a verdict today.Patnode. 24, of Massena, is charged with murdering 22-year-old David McLaughlin of Syracuse last Oct. 1 by stabbing the victim twice in the neck and once in the back. The stabbing occurred after Patnode discovered the victim was actually a man dressed as a woman and working as a prostitute.The jurors, though, seemed to be stuck Monday night deciding between two lesser charges: first-degree manslaughter and second-degree manslaughter.Twice Monday — once during the late afternoon and again following a dinner break — the jurors filed into court to have Judge Patrick J. Cunningham explain thelaw governing those two manslaughter counts.IN ORDER TO convict Patnode of first-degree manslaughter, the jurors must find the defendant was intending to seriously injure McLaughlin and caused his death instead.A verdict of guilty of second-degree manslaughter would be a finding the defendant recklessly — not intentionally — caused McLaughlin's death; that Patnode perceived a risk to the victim and consciously disregarded itEarlier in the afternoon Monday, the jurors had Cunningham explain the difference between first-degree manslaughter and second-degree murder, but the later requests seemed to indicate they had moved beyond the murder charge in their deliberations.The murder charge accused the defendant of intentionally killing McLaughlin.The jury deliberations did not pass without controversy Monday night.Shortly before 10 p.m., Cunningham had the jurors summonedback into court for a legal chargeaimed at encouraging them to work together to reach a verdict.But the judge also informed the jurors at that time that any of them who parked their cars in the garage designed to provide free daytime parking for jurors had tomove their vehicles by 10 p.m. or pay a $20 fee to get them out.AND CUNNINGHAM said the commissioner of jurors apparently has been told the county cannot reimburse jurors for that expense.Once the jurors indicated they wished to move their cars, the judge ordered one court attendant to escort the eight or nine jurors whose cars were involved to the parking garage. But that meant the panel was separated briefly, in violation of the state Criminal Procedure Law which mandates that a jury panel be kept together once deliberations begin.Cunningham Monday night conceded the move could result in any conviction being overturned on appeal to an appellate court, but he said there was nothing else that could be done. The cars would not have had to be moved had theROLAND PATNODEjudge known the jury -was going io end up spending the night at the hotel.Patnode’s attorney, James Meg-gesto. noted his objection to the separation of the jurors at the time, indicating he thought the move was “haphazard” and threatened the integrity of the jury.After the jurors were escorted from the courthouse for The night. Meggesto admitted the movement of the jurors earlier could be cited on an appeal if Patnode is convicted or anything.Any reversal by an appellate court could mean a retrial for the defendant.
Newspaper Details
Syracuse Herald Journal
Syracuse, New York, US
Tue, Jul 28, 1987
Page 94
Full Page
Clipped by
Chad G.
USA 01 May 2023
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