AUBURN - A man who was sentenced to 25 years to life for murder will receive a new trial after Cayuga County Judge Thomas Leone vacated the original conviction Thursday on the basis that new DNA evidence would likely have influenced the jury's decision.
Sam Tenney / The Citizen
Sammy Swift, followed by a state corrections officer and attorney Joseph Sapio, exits the Cayuga County courthouse Thursday afternoon. Swift, who has served 13 years in prison for the 1994 murder of Stephen DeLuca, was granted a new trial after new DNA evidence proved that Swift's blood was not at the crime scene.
Sammy Swift, followed by a state corrections officer and attorney Joseph Sapio, exits the Cayuga County courthouse Thursday afternoon. Swift, who has served 13 years in prison for the 1994 murder of Stephen DeLuca, was granted a new trial after new DNA evidence proved that Swift's blood was not at the crime scene.
Sammy Swift, 54, was convicted in 1995 for beating Stephen DeLuca Sr. to death during a home invasion robbery on April 20, 1994.
Swift's attorney, Joseph Sapio, said former Cayuga County District Attorney James Vargason used blood evidence during the trial to link Swift to the crime scene.
Blood found on the victim's couch was positively identified as blood type A, the victim's, and possibly blood type O, Swift's.
John Brenner, a forensic scientist with the New York State Police, said during the trial that he could not rule out type O blood being mixed with the type A blood because they share common markers. Brenner could disqualify blood types B and AB because there were no B markers present.
The recent DNA test revealed that only DeLuca's blood was present on the couch.
During Thursday's Cayuga County Supreme Court hearing, Sapio said the expert testimony on the blood was a key component to the prosecution's case and if the defense could have proven Swift's blood was not present at the scene, the jury would have made a different decision.
“They were asking the jurors to take a leap of faith to believe Swift was at the scene because of the blood evidence they presented,” Sapio said.
Cayuga County District Attorney Jon Budelmann said the DNA test exposed nothing that was not already revealed during the trial and in fact substantiated the witnesses' testimony that someone wiped the victim's blood onto the couch.
Two witnesses, Veronica Barr and her sister Michele Flowers, testified that they watched Swift wipe the victim's blood off of his arm onto the couch cushion after he struck DeLuca several times on the head.
Because the sisters were codefendants, the prosecution needed to corroborate their testimony by proving the victim's blood was wiped on the couch, which was all the blood evidence did, Budelmann said.
The new DNA also did nothing to eliminate the value of other evidence presented at the trial such as the victim's wallet discovered on Swift's alleged route to work in Port Byron and the testimony of Sandra Flowers who overheard Swift and his codefendants plan the robbery, Budelmann said.
Sandra Flowers also testified that Swift threatened to kill her if she went to the police.
Sapio believed the blood evidence did more than just corroborate the witnesses, it made the case. When an appellate court reviewed the case, the judges misconstrued the blood evidence as proof that Swift was at the scene.
“If an appellate court misunderstood the testimony, what do 12 (jurors) do?” Sapio asked.
After reviewing the court records, Leone said he believed a new trial was warranted given the weight of the new blood evidence which could have led the jury to a different conclusion.
Both Sapio and Budelmann said they were caught off guard by Leone's decision.
Sapio, who came into court expecting to see his client's motion denied, said he would be preparing for trial as Swift was moved to a state prison closer to Auburn to allow for easier access.
Leone's decision will be stayed to give Budelmann a chance to appeal the motion.
Budelmann planned to appeal the decision on the grounds that Leone misconstrued the evidence offered at trial and the post conviction hearing.
“Courts are loathed to upset a jury decision,” Budelmann said. “Now the family has to worry if he is going to get out and all those other issues from the trial come back.”
Stephen DeLuca Jr. said the family had been following the case, but were not prepared for Thursday's outcome.
“I haven't had time to absorb the decision yet,” DeLuca said. “I am upset at the judge's decision but I still have faith in the court system to do the right thing. The murder had an impact on the family and this is just opening up old wounds.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Swift's attorney, Joseph Sapio, said former Cayuga County District Attorney James Vargason used blood evidence during the trial to link Swift to the crime scene.
Blood found on the victim's couch was positively identified as blood type A, the victim's, and possibly blood type O, Swift's.
John Brenner, a forensic scientist with the New York State Police, said during the trial that he could not rule out type O blood being mixed with the type A blood because they share common markers. Brenner could disqualify blood types B and AB because there were no B markers present.
The recent DNA test revealed that only DeLuca's blood was present on the couch.
During Thursday's Cayuga County Supreme Court hearing, Sapio said the expert testimony on the blood was a key component to the prosecution's case and if the defense could have proven Swift's blood was not present at the scene, the jury would have made a different decision.
“They were asking the jurors to take a leap of faith to believe Swift was at the scene because of the blood evidence they presented,” Sapio said.
Cayuga County District Attorney Jon Budelmann said the DNA test exposed nothing that was not already revealed during the trial and in fact substantiated the witnesses' testimony that someone wiped the victim's blood onto the couch.
Two witnesses, Veronica Barr and her sister Michele Flowers, testified that they watched Swift wipe the victim's blood off of his arm onto the couch cushion after he struck DeLuca several times on the head.
Because the sisters were codefendants, the prosecution needed to corroborate their testimony by proving the victim's blood was wiped on the couch, which was all the blood evidence did, Budelmann said.
The new DNA also did nothing to eliminate the value of other evidence presented at the trial such as the victim's wallet discovered on Swift's alleged route to work in Port Byron and the testimony of Sandra Flowers who overheard Swift and his codefendants plan the robbery, Budelmann said.
Sandra Flowers also testified that Swift threatened to kill her if she went to the police.
Sapio believed the blood evidence did more than just corroborate the witnesses, it made the case. When an appellate court reviewed the case, the judges misconstrued the blood evidence as proof that Swift was at the scene.
“If an appellate court misunderstood the testimony, what do 12 (jurors) do?” Sapio asked.
After reviewing the court records, Leone said he believed a new trial was warranted given the weight of the new blood evidence which could have led the jury to a different conclusion.
Both Sapio and Budelmann said they were caught off guard by Leone's decision.
Sapio, who came into court expecting to see his client's motion denied, said he would be preparing for trial as Swift was moved to a state prison closer to Auburn to allow for easier access.
Leone's decision will be stayed to give Budelmann a chance to appeal the motion.
Budelmann planned to appeal the decision on the grounds that Leone misconstrued the evidence offered at trial and the post conviction hearing.
“Courts are loathed to upset a jury decision,” Budelmann said. “Now the family has to worry if he is going to get out and all those other issues from the trial come back.”
Stephen DeLuca Jr. said the family had been following the case, but were not prepared for Thursday's outcome.
“I haven't had time to absorb the decision yet,” DeLuca said. “I am upset at the judge's decision but I still have faith in the court system to do the right thing. The murder had an impact on the family and this is just opening up old wounds.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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