NORWICH – A Cincinnatus man who pleaded guilty in a baby’s death appeared in court Friday in an attempt to withdraw his plea.
After a two-hour hearing, Supreme Court Justice Kevin M. Dowd denied Jason Allen Sherman’s request to withdraw his plea and sentenced him to 10 years in state prison.
The 26-year-old was charged with first-degree manslaughter and second-degree assault over the 2006 death of his live-in girlfriend’s 16-month-old son, Marshall Lee Barber Jr.
Sherman claimed Friday he had ineffectual representation from his ex-defense attorney Randolph Kruman.
Dowd ruled against this claim, saying Kruman had given Sherman “superb representation,” in negotiating a 10-year prison term in a plea bargain with Chenango County District Attorney Joseph A. McBride.
“I tend to be a very old-fashioned person. I believe in things like oaths and honesty and honor. And I think you should tell the truth at all times. But you should certainly tell the truth when you raise your hand and swear to tell the truth,” said Dowd, referring to Sherman’s decision to plead guilty in open court back in April.
At that time, the judge asked Sherman whether he was happy with his representation and whether he was guilty of the manslaughter, along with several other standard questions of competence and integrity regarding the plea. Sherman responded affirmatively to all.
Sherman was arrested Nov. 10, 2006 in the Town of Pitcher because police said the toddler appeared to have been physically and sexually abused.