Oxley to testify today in murder trial

CANTON — As the defense prepares to rest its case in the murder trial of Wayne T. Oxley Jr., Oxley said he will probably testify this morning.

Oxley, Ogdensburg, is accused of beating his neighbor Bernard A. Trickey Jr. to death with a wooden baseball bat in August 2005. He 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.

“I’ve been ready to do this for seven years,” Oxley said.

Oxley’s attorney, Peter A. Dumas, Malone, brought a taxi driver, who did not take the stand in the first two trials, to testify Tuesday.

Linda Brown said she was employed by Bartman’s Taxi Service in 2005, and has never told anyone about her fares that night. She told the jury at about 2:30 a.m. Aug. 30, she delivered a fare to Mr. Trickey’s house and saw him standing on his front porch.

Ms. Brown said she dropped off a man at his house and saw Mr. Trickey on his porch with a man and a woman.

About 15 minutes later, she delivered another fare a few doors down and saw the man and woman leaving the house.

In cross-examination by District Attorney Nicole M. Duve, Ms. Brown said that there wasn’t any screaming coming out of the house. She said the fare appeared to be normal.

Ms. Brown said she was at a coffee shop at about 5 a.m. when she heard Mr. Trickey was beaten to death.

Michelle A. Disotell was back on the stand and questioned about inconsistent statements she made to police and testimony in previous trials. Public Defender Stephen D. Button was also in the courtroom as her attorney.

Ms. Disotell said she was also told by an Ogdensburg police officer after the murder that it was better if she said she didn’t remember what happened.

She said he told her that “life would be easier if I don’t recall.”

Ms. Disotell testified for the defense that Robert C. “Chase” Webb told her he killed Mr. Trickey.

Judge Jerome J. Richards said Ms. Disotell could be prosecuted for perjury. On the stand, Ms. Disotell said she also worried that Ms. Duve may prosecute her more harshly because of her testimony.

Ms. Disotell recanted her story to prosecutors a few months before the second trial.

Ramona Breen, an Ogdensburg attorney, also testified that she knew Oxley and John D. Shannon, Oxley’s neighbor.

Police have testified that Mr. Shannon, a police informant, directed them to Oxley’s house the morning of the murder,

Mr. Shannon died in a fire at his home two weeks after Mr. Trickey was murdered. Police ruled the case an arson, but no one has been arrested.

Ms. Breen described Mr. Shannon as untruthful, while prosecutors played her testimony down as gossip.

Along with Oxley, another taxi driver is expected to testify today.

Mr. Dumas is expected to rest his case this week with deliberations to begin late next week.