ALBANY – A judge’s decision to bar testimony implicating a third party in the fatal bludgeoning of a man with a baseball bat deprived the defendant of a fair trial, a unanimous upstate appeals court ruled last week.
In ordering a new trial for Wayne T. Oxley Jr., the Appellate Division, Third Department, panel concluded that St. Lawrence County Judge Jerome J. Richards (See Profile) properly held a hearing, outside of the earshot of jurors, about Mr. Oxley’s intention to suggest that someone else killed Bernard Trickey Jr. But the appeals judges determined that Judge Richards was presented with enough evidence at the hearing to establish that a third man, known as “Chase,” could have slain Mr. Trickey.
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