A state appeals court upheld the conviction of a inmate of three felonies related to throwing urine and feces on three Auburn Correctional Facility corrections officers March 15, 2001.
The Appellate Division, Fourth Department, originally reserved decision on Jerome Williams' conviction pending Cayuga County Court holding a reconstruction hearing on whether Williams had been mentally competent to stand trial in 2002.
The district attorney's office met its burden to demonstrate a “fair preponderance of the evidence of the defendant's competence to stand trial,” the appellate division said in the decision issued last month.
Prior to Williams' Cayuga County trial in 2002, Cayuga County Surrogate Judge Mark Fandrich ordered a competency hearing. Because Williams, now 42, was being held in Wyoming County, a competency hearing was completed there. However, under state law, Cayuga County mental health officials should have conducted the hearing, and Williams' appeal was stayed pending a reconstruction of the hearing.
Following the appeals court directive, a two-part reconstruction hearing was held in front of former Cayuga County Judge Peter Corning with testimony from Fandrich, Assistant District Attorney Chris Valdina and Wyoming County officials about Williams' conduct in 2002.
The appellate division also ruled Williams' consecutive terms were not unduly harsh or severe because the three offense were separate acts. Williams is currently at Five Points Correctional Facility, serving seven to 24 years. His earliest possible release date is June 2010.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
The district attorney's office met its burden to demonstrate a “fair preponderance of the evidence of the defendant's competence to stand trial,” the appellate division said in the decision issued last month.
Prior to Williams' Cayuga County trial in 2002, Cayuga County Surrogate Judge Mark Fandrich ordered a competency hearing. Because Williams, now 42, was being held in Wyoming County, a competency hearing was completed there. However, under state law, Cayuga County mental health officials should have conducted the hearing, and Williams' appeal was stayed pending a reconstruction of the hearing.
Following the appeals court directive, a two-part reconstruction hearing was held in front of former Cayuga County Judge Peter Corning with testimony from Fandrich, Assistant District Attorney Chris Valdina and Wyoming County officials about Williams' conduct in 2002.
The appellate division also ruled Williams' consecutive terms were not unduly harsh or severe because the three offense were separate acts. Williams is currently at Five Points Correctional Facility, serving seven to 24 years. His earliest possible release date is June 2010.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Citizen
Hot Jobs
The Citizens' Say
Post your comment - click hereThere are 1 comment(s)
Human being or animal ?? wrote on May 5, 2007 8:56 AM: