Oswego, NY -- Oswego County Court Judge Walter Hafner has denied a defense lawyer's request to suppress statements made by his client in the murder case against her. Lawyer James Eby wanted the statements made by Joyce Malone suppressed and not used if the case goes to trial. Malone will be back in county court for a hearing Thursday....
View full sizeJoyce MaloneOswego, NY -- Oswego County Court Judge Walter Hafner has denied a defense lawyer's request to suppress statements made by his client in the murder case against her.
Lawyer James Eby wanted the statements made by Joyce Malone suppressed and not used if the case goes to trial. Malone will be back in county court for a hearing Thursday.
Malone, 69, of 128 Tug Hill Road, is charged with second-degree murder. She pleaded not guilty in May. She is accused of killing her husband, Ralph Malone, 74, in their home March 19.
Five people testified during last week's hearing into whether to suppress Malone's statements. They are: Sheriff Reuel Todd, sheriff's office Investigator Eugene Sullivan, Deputy Mark Saltalamachia, Oswego County Jail Corrections Officer Wendy Czirr and nurse Karen Knopp.
Todd, who said he had known the Malones socially and through business for nearly 40 years, said Malone told him she "couldn't take it anymore." He also said "there were a lot of people there when she made that first statement."
Sullivan, who also said he had known the Malones socially, said Joyce Malone was read her rights, including the right to remain silent and the right to talk to a lawyer and have a lawyer present during questioning.
Eby has told Hafner that he is having Malone examined by a psychologist and would provide a report of the exam to the court. Assistant District Attorney Gregory Oakes said Eby has notified the district attorney's office that he plans to use "extreme emotional disturbance" as a defense in Malone's case.
Contact Debra J. Groom at dgroom@syracuse.com, 470-3254 or 251-5586.