NORWICH – The Chenango County Grand Jury indicted Daniel L. Brown on charges of first degree murder and rape Wednesday. Brown is accused in the death of his apartment manager, Tammy L. Periard, last month.
Brown 45, of 56 Henry St., has been indicted on two counts of first degree murder (Class A felony), second degree murder (Class A felony), first degree rape (Class B felony), first degree assault (Class B felony) and two counts of first degree robbery (Class B felony).
District Attorney Joseph McBride said, “Murder 1 is when you compulsively commit a homicide while attempting to commit other types of felonies. In this case, committing a homicide in combination with the assault and rape, resulting in the two separate counts for first degree murder.”
Chenango County Judge Howard Sullivan released a letter recusing himself from the murder case Wednesday. The County Court Clerk’s Office reported that the judge had personal acquaintances with the victim years ago while operating his private practice and the exposure might be interpreted as a possible bias. Administrative Judge Judith O’Shea of the 6th Judicial District will select a replacement to fill in for Sullivan.
Brown will not be eligible for the death penalty because although New York State has it on the books, the New York Supreme Court ruled it unconstitutional. If convicted on only one of the top charges, Brown could spend the rest of his life in prison. First-degree murder is punishable by life imprisonment without parole or a minimum of 20 to 25 years and a maximum of life imprisonment. Second-degree murder is punishable by a minimum of 15 years to life and a maximum of 25 years to life.
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