Sorrentino appeal dismissed

by Amaris Elliott-Engel \ The Citizen

Wednesday, September 20, 2006 9:47 AM EDT

Convicted murderer Bernard Sorrentino had the latest of several appeals dismissed by the state's highest court.
Sorrentino, 51, was convicted in a jury trial of stabbing his wife, Angela, 55 times March 16, 2002, after she made plans to leave him. He was sentenced by Cayuga County Judge Mark Fandrich to serve 25 years to life in state prison. He is being held in the maximum-security Five Points Correctional Facility in Romulus.

Carmen B. Ciparick, associate judge of the state Court of Appeals in Albany, dismissed a motion Sept. 13 that was previously rejected by the state Appellate Division, Fourth Department, June 22 and Fandrich Feb. 28.

Sorrentino wrote the now-dismissed Jan. 28 motion himself. He sought the vacation of his conviction of second-degree murder or a hearing on the merits of his arguments.

Sorrentino had several contentions, including that his conviction violated due process, that he was not represented by his attorney of choice in the beginning of his case, that he was not allowed to testify at grand jury and that the jury was not able to fully explore a defense of mental disease and defect, or insanity, because of Fandrich's legal instructions to them.

Fandrich's decision denying the motion noted that he had no new evidence in the 440 motion. This kind of motion requires newly discovered evidence that demonstrates a defendant's innocence.

Assistant District Attorney Chris Valdina, who prepared his office's response to Sorrentino's motion, wrote that it was Sorrentino's “latest salvo in his ongoing jihad against his 2002 murder conviction.” Valdina noted it was Sorrentino's fourth 440 motion and he included information covered in his direct appeal of the case.

“After I won the original murder conviction, I knew that Sorrentino would spend the rest of his life in prison complaining about frivolous matters, and he has proven me right,” District Attorney James Vargason said in a statement. “... During the trial and at sentencing, he expressed no remorse for his actions. Even today, it is apparent that his only regret is that he was caught, extradited, tried, convicted and sentenced.”

Sorrentino was on the lam for two weeks in the area of the Arizona-Mexico border before he was captured and returned to Cayuga County. He had grabbed some money and left Angela bleeding in their bed on Metcalf Drive, Auburn.

In a journal found by authorities that Sorrentino kept over those two weeks, he wrote possessiveness, prescription drugs, wine and insanity led him to stabbing Angela. He wrote that he should have been mad at others and not his wife.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

The Citizens' Say

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There are 4 comment(s)

Aquantance wrote on Sep 20, 2006 5:27 PM:

" Ben is where he belongs. He always had a problem with his temper and getting along with others. It's a wonder that his wife stayed with him as long as she did. She was a wonderfull person and didn't deserve to have been treated so badly and then murdered by such a cruel person. "

Unknkown wrote on Sep 20, 2006 10:52 AM:

" I remember this guy from high school, he's in the best place he could be right now. The death penality would have been letting him off easy, after the atrocity he committed. "

Red wrote on Sep 20, 2006 10:47 AM:

" There is no death penalty in NY. It was ruled unconstitional in 2004 by the NYS Supreme Court. "

observer wrote on Sep 20, 2006 10:01 AM:

" Wasn't he given the death penalty? "

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