On the murder conviction ## 1, 2, and 3 of Peter Wlasiuk in Chenango County Court - the stepping stone of Supreme Court Justice Joseph A. McBride's judicial election - were the indictments valid due to familial connections of DA McBride and his employees?

In 2002, my husband Frederick J. Neroni, then a criminal defense attorney, represented a criminal defendant, Peter Wlasiuk, in a murder case prosecuted by District Attorney Joseph A. McBride who is now a Supreme Court Justice in the Chenango County Supreme Court.

Wlasiuk was convicted then, conviction # 1.  His conviction was then overturned by the 3rd Department because of misconduct of DA McBride who, among other things, were chastised by the 3rd Department for maligning defense counsel - my husband - depriving Wlasiuk of a fair trial.  That reversal was in 2006.

DA McBride reindicted Wlasiuk for the 2nd time, tried and had him convicted again, conviction # 2.  That conviction was, again, overturned by the 3rd Department in 2011 - now based on ineffective assistance of counsel (not my husband).

DA McBride did not rest easy with that second reversal.  He sought and obtained, according to filings in federal court by Wlasiuk, a special permission from the 6th Judicial District's Chief Adminsitrative Judge Robert C. Mulvey for a 3rd indictment, had Wlasiuk indicted - and this time the conviction stuck and was not overturned in 2016 - despite glaring improprieties of DA McBride and his office.

What I am going to write about here - with documents I recently obtained from Pacer.gov - for some reason unknown to me did not receive so far any public scrutiny.  I am rectifying it here.

There is a set jurisdictional rule in New York State Penal Law - the presence of an unauthorized or disqualified person in the grand jury room in violation of CPL 190.25(3) renders the proceeding jurisdictionally defective under CPL 210.35(5); dismissal of the indictment is required where the violation impairs the integrity of the proceeding and creates the possibility of prejudice, with certain categories (such as presence during deliberations or participation) treated as inherently impairing.

The dismissal is not automatic, but it may be raised at any time - since it goes to subject matter jurisdiction of the court.  

Based on what I recently learnt, DA McBride was disqualified from being in the grand jury in the Wlasiuk case, from being the legal advisor of that grand jury, and from prosecuting the case - three consecutive times, relentlessly.  

There are two reasons for that:

(1) the first defense counsel in the case, Peter McBride, was DA McBride's close blood relative, brother (based on obituary) or uncle (based on some witness reports);  moreover, Peter McBride had a charging lien on Wlasiuk's home for his legal services.  It is after Wlasiuk fired Peter McBride and hired my husband for the first trial, that DA Joseph A. McBride was so upset for his blood relative's loss of an opportunity for improper further financial gain that he jeopadized the conviction by openly maligning my husband in open court - the stated reason for reversal by the 3rd Department.

(2) Stephen Dunshee, the 1st ADA for DA McBride, who was then Family Court Magistrate in Chenango County, and is likely retired at this time, judging by his attorney registration information:

was, according to filings of Wlasiuk in federal court, a blood relative of the victim at the time of trials - AND was, according to Wlasiuk's filings, attorney representing the victim's mother in civil proceedings against Wlasiuk seeking to take away his property and his children.

Moreover, during the 3rd murder trial, Stephen Dunshee, according to Wlasiuk's filings in federal court, was actively influencing DA McBride by coming into the courtroom and whispering into his ear.

The full Wlasiuk's petition for habeas corpus can be read here.

The amended petition with a full description of the conflict with Dunshee is available here, and I additionally publish the snapshots about involvement of Dunshee in the murder trial as stated by Wlasiuk in federal court here:

Of course, the petition was denied by NDNY federal court - because its granting would upset reputations and careers of McBride's, and Dunshee's, and the 3rd Department's judges, and the Court of Appeals' judges who turned a blind eye on this travesty.

Notably, the exhibits supporting Wlasiuk's petition in federal court - transcripts of PUBLIC trials - have been sealed, secret and unavailable for me to download on Pacer.gov:

Somehow the toothless local press pretended not to see this glaring conflict.

I hope that Dunshee and Joseph McBride get finally investigated and disbarred for this.  Peter McBride is obviously beyond human discipline - but is before a higher court now.

Wlasiuk is continuing to be in prison.

Meanwhile, McBride, after having used this case, where his blood relative was the first defense counsel and where his the alleged victim's blood relative was his 1st ADA and influenced the 3rd trial - is enjoying all the privileges of a Supreme Court Justice without any discipline on record.