Prosecutors rest in Oxley trial; second juror dismissed

CANTON — Before prosecutors rested their case Monday in the murder trial of Wayne T. Oxley Jr., they were scolded by St. Lawrence County Judge Jerome J. Richards for trying to increase the credibility of one of their witnesses.

This came after Chief Assistant District Attorney Amanda N. Nissen asked Judge Richards to explain to the jury the sentencing ranges for second-degree burglary and attempted second-degree burglary.

Last week, District Attorney Nicole M. Duvé called Corey J. Printup who, for a plea deal, testified that Oxley admitted to killing Bernard A. Trickey Jr. while in the county jail.

During cross-examination, Oxley’s attorney, Peter A. Dumas, Malone, challenged Mr. Printup’s credibility and his motive for testifying.

Mr. Dumas pointed out to jurors that instead of facing up to 15 years, Mr. Printup will serve three years for his burglary conviction.

Mr. Printup was charged in January 2011 with burglary and grand larceny. He was accused of driving two others to a Potsdam home, where they stole shotguns and rifles.

Before resting, Ms. Nissen urged the judge to explain to the jury the parameters of Mr. Printup’s burglary sentence.

“You’re asking me to put into evidence what you have failed to put in,” he said in a 30-minute argument with prosecutors.

Judge Richards said the issue should have come up when Mr. Printup testified. He said at this point in the trial, it is not fair to the defense.

“You’re trying to bolster the credibility of your witness,” Judge Richards said.

Ms. Duvé said she planned to present case law defending her request.

A second juror was also dismissed Monday after she flew to Wisconsin for her aunt’s funeral. Prosecutors asked to delay the trial until Wednesday for the juror to return, and Mr. Dumas took no position.

The dismissal leaves two alternate jurors.

Mr. Dumas began calling witnesses Monday.

Travis M. Howe testified that he spent much of the night of Aug. 29, 2005, drinking and smoking marijuana at Oxley’s house on New York Avenue.

Judge Richards told Oxley not to enter the front door of the courthouse and not to loiter around the entrance to the courtroom. Oxley said Judge Richards scolded him for shaking hands with the press in front of jurors.

Oxley is accused of beating his neighbor Mr. Trickey to death with a wooden baseball bat in August 2005.

Oxley was convicted of second-degree murder, but an appellate court sent the case back for a retrial.

A second trial ended with a hung jury.