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Patnode not guilty of murder in slaying transvestiteJury convicts him of manslaughterJudge's mistake with jury may give Patnode basis for appealBy Jim O'HaraStaff WriterPoland Patnode was acquitted of murder but convicted of second-degree manslaughter Tuesday after a County Court jury deliberated more than nine hours over two days.The verdict was announced shortly after 9 a.m., about one hour after the jury of nine men and three women resumed deliberations after spending the night sequestered at the Fo*ei* at Syracuse Square.The verdict was a rejection of both the prosecution claim that Patnode intentionally murdered transvestite prostitute David McLaughlin last Ocl 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 said as she left the court--room in tears. ‘'They should keep jiira locked up so he can t do thesame thing he did to my son. He‘s a criminal. It's something he's done. It's inexcusable what he did He's not better than my son, he's worse.Patnode and his parents rushed from the courtroom without comment shortly after the verdict-“He showed a bit of relief, Meg-gesto said of Patnode's reaction as the jury foreman announced the verdict. I think he's very happy.The end of the trial came shortly after 9 a.m. v/hen the jury foreman announced T)?not fotmd Patnode innocent of 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 readLBy 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 S40 to perform an act of oral sodomy.In court last week, Patnode claimed McLaughlin 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 was 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 ow the iurv said Tuesday the panel had been split 11 to 1 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, refused to say which of the two higher charges the holdout — another man 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 Meg-ROLAND PATNODE... guilty of manslaughtergesto.“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.Meggesto conceded that his client's decision to bury McLaughlin's body in a Madison County barn was not very “Chrisuan-Iike. But he said he intends to ask Cunningham to place the defendant on prooation.By Jim O'HaraStaff WriterAn Onondaga Counts Court judge apparently woiaied the state'* Cnmmal Procedure Law when he allowed some jurors m the Roland Patnode murder trial to move iheir cars after thej had begun contemplating a verdict Monday night.Violation of the Jaw, which mandates a jury be kept together oncea beg'*” give Patnode a basis to appeal his conviction for second-degree manslaughter.The county's jury commissioner blamed a lack of communication for the situation.Commissioner Russell Mangicaro said he failed to notify ail the judges that a system had been worked out where jurors whose deliberations went later than 10 n.m. could retrieve their cars from a nearby parking garage without having to pay a $20 fee to get their vehicles after closing.Shortly after 9:30 p.m. Monday. County Court Judge Patrick J. Cunningham informed the jurors m the Patnode case that any cars in the garage at East Fayette and Montgomery streets had to be iefi overnight or moved by 10 p.m. or the jurors would individually be responsible for a $20 fee tnat couldr.ot be reimbursed b\ the county.The jurors then decided they ■a anted to move ihcir cars and Cunningham ai.owed e.ght or nine of them to be escorted by one court attendant to the garage to move their cars.As it tinned out, the jury was unable to reach a verdict Monday right are ended up being housed overnight at the Hotels at Sra-etise Square.t,»» 'ir-*cr »V-e, . __' — a jeven for the bnef time Monday night — an issue was created that an appellate court can review should Patnode appeal the outcome of his case.Tuesday morning, about an hour after resuming deliberations, the jury of nine men and three women acquitted the 24-year-old defendant of second-degree murder and first-degree manslaughter charges but convicted him of second-degree manslaughter in connection with the OcL i stabbing death of transvestite prostitute David McLaughlin.Should that conviction be appealed, and should the state Supreme Court Appellate Division in Rochester decide Cunningham should not have separated the jurors during their deliberations, the case against Patnode could have to be retriec.
Newspaper Details
Syracuse Herald Journal
Syracuse, New York, US
Wed, Jul 29, 1987
Page 129
Full Page
Clipped by
Chad G.
USA 01 May 2023
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