CANTON The couple on trial for the assault and attempted kidnapping of a Massena woman were advised to seek a plea deal by St. Lawrence County Judge Jerome J. Richards at the close of the first day of testimony Wednesday.
It was 4:25 p.m. when Judge Richards excused the jury and turned to Patrick R. Lloyd, 25, of New York City, and Miranda M. Green, 18, of 37 Howard St., Massena, and told them their fate could be in the hands of one witness.
Mr. Lloyd, 25, and Ms. Green, 18, are accused of shoving Catherine A. Berry, 18, to the ground and punching and kicking her in the face several times on Feb. 16.
Police said the two then restrained Ms. Berrys hands and tried to force her into their vehicle before their actions drew the attention of neighbors in the Sycamore Street area of Massena where the incident took place.
Ms. Berry reportedly suffered bruises and facial swelling as a result of the attack.
Its that neighbor, Roxanne Erlendson, who can put the pair in prison, Judge Richards said.
Mr. Lloyd and Ms. Green both face charges of second-degree attempted kidnapping, first-degree unlawful imprisonment, second-degree unlawful imprisonment and petit larceny.
Mr. Lloyd faces an additional charge of second-degree attempted assault, and Ms. Green faces an additional charge of third-degree assault.
The reason there is a trial, Judge Richards said, is that Mr. Lloyds attorney, Edward F. Narrow, commissioned Canton private investigator Donald J. Tracy to look into the matter after hearing reports that Ms. Berry had given accounts of the incident to people in the community that contradicted her earlier statements to police.
Uncertainty of how Ms. Berry will testify before a grand jury she accused the two off the attack, but then recanted her story in a written statement to Mr. Tracy has hung over the case. Ms. Berry did not testify Wednesday.
St. Lawrence County District Attorney Nicole M. Duve said she spoke with Ms. Berry and predicts that she will testify that Ms. Green and Mr. Lloyd did attack her and try to kidnap her.
If she does testify the way Ms. Duve predicts, there will leave lots of room to cross-examine, leaving it in the hands of the jury, Judge Richards said.
Judge Richards said that while it may be determined, though her testimony, that Ms. Berry is a troubled girl, Ms. Erlendsons testimony could be rock-solid.
The judge added that he recognized Mr. Lloyd and Ms. Green as not just two defendants, but as a family. Ms. Green is pregnant with Mr. Lloyds child, and the judge said that if the two were convicted, they would unquestionably be sentenced to prison, with Mr. Lloyd facing a maximum of 15 years as a violent, second-felony offender.
Roxy is the one that will convince the jury, Judge Richards said of allegations against Mr. Lloyd and Ms. Green. I believe each of you should be talking to your lawyers about a plea deal.
Testimony is scheduled to continue today at 9:30 a.m. with Ms. Berry taking the stand.