Judge to decide on use of dead man's testimony

CANTON — A St. Lawrence County judge reserved decision Wednesday on a defense request to suppress testimony of the late John D. Shannon from being used in Wayne T. Oxley Jr.'s second murder trial.

Defense attorney Richard V. Manning argued before County Judge Jerome J. Richards that the testimony shouldn't be allowed because he didn't have enough time or information to completely cross-examine Mr. Shannon.

Oxley, 44, formerly of 1022 New York Ave., Ogdensburg, was sentenced in December 2006 on a second-degree murder charge. He was convicted of killing his neighbor, Bernard A. Trickey Jr., with a baseball bat. A state appellate court in July ordered a new trial for Oxley.

Mr. Shannon, whose home at 1025 New York Ave. is directly across the street from the Oxley home, testified against Oxley at a preliminary hearing in Ogdensburg City Court but died in a still-unexplained fire that gutted his home Sept. 29, 2005.

"The whole of the testimony is bad," Mr. Manning said.

District Attorney Nicole M. Duvé contended the issues Mr. Manning raised were already settled.

"This is not a new issue. This is something that has been resolved in the first trial," Ms. Duvé said.

On the eve of the first trial, Judge Richards ruled prosecutors could use Mr. Shannon's preliminary hearing testimony during the Oxley trial.

Mr. Shannon testified during the hearing that he was a confidential informant for Ogdensburg police. He purchased drugs from Mr. Trickey on three occasions but, the judge ruled, Mr. Manning may not use information about those activities to challenge Mr. Shannon's preliminary hearing testimony.

Separately, Judge Richards last week mandated weekly updates about the case, with both sides expected to appear in person. The next update is scheduled for Wednesday.