Wlasiuk indicted again

NORWICH – A Chenango County grand jury moved to re-indict Peter M. Wlasiuk for a single count of second-degree murder Wednesday.

Wlasiuk, 38, New Virginia Road, Oxford, is accused in the death of his 37-year-old wife, Patricia, on April 3, 2002.

Chenango County District Attorney Joseph A. McBride submitted the case after the prior indictment from April 11, 2002 was dismissed. Acting Chenango County Court Judge Martin E. Smith, of Broome County, dismissed the original indictment after the defense filed a motion asking the court to reject the charge.

Wlasiuk’s conviction was appealed by state Supreme Court Appellate Division, Aug. 31, 2006. The court ruled that certain procedures failed to give the defendant a fair trail. The original indictment was rejected by Smith because the same evidence rejected by the appellate court was found in the first grand jury proceedings.

Smith also said the original grand jury was not given adequate instruction on how to use the evidence which created an improper and prejudicial decision. Much of the court’s objections to the grand jury indictment echoed those based on the appeal over the jury trial.