Man’s murder charges are dismissed forever
Justice’s decision in decade-old case “in the interest of justice”
Bryan Berry is no longer looking over his shoulder wondering if an overzealous prosecutor will attempt to revive a murder case dismissed a decade ago and based on the changing stories of seven jailhouse snitches and informants.
State Supreme Court Justice Andrew Ceresia reviewed the case and determined “that dismissal in the interest of justice, with prejudice, is warranted,” meaning that Berry can never be prosecuted again for a 2002 double-homicide case that was committed by another man who was tried and convicted.
“I’ll never have to think about it. I’ll never have to ponder if somebody decides to wake up one morning and create some story that’s believable or some prosecutor just feels like we are revisiting this case and running with it,” Berry said Friday.
“It’s 100 percent closed. I can go through my life without ever having to sleep with that in the back of my mind, which is what I’ve done for years,” said Berry, a Guilderland resident.
Berry and co-defendant Terrence Battiste were three days away from trial in 2010 when then-rensselaer County District Attorney Richard Mcnally asked for the trial to be delayed while new evidence was investigated. A month later the charges against the two men were dismissed by then County Court Judge Robert Jacon without prejudice, which could allow the prosecution to continue to pursue reindicting them.
Berry knew he was the target in the police investigation of the homicides. Berry and Baptiste were known for robbing drug dealers, according to authorities. They were charged federally and served time for robbery charges. Berry and Baptiste were told they were wanted for the murder, according to court documents. New evidence of DNA from a palm print led detectives to Michael J. Mosley, who was charged and convicted for the brutal Jan. 25, 2002, killings at 29 Brunswick Road of cocaine dealer Samuel “Frost” Holley, 27, and Arica Lynn Schneider, 18, his girlfriend, who was not involved in the drug sales and was in the process of breaking up with him. Mosley, charged in 2010, was convicted of first-degree murder for killing Holley and Schneider. He is serving a life sentence with no chance of parole at Elmira State Correctional Facility.
Berry waited a decade to seek a new ruling in the case. That’s where defense attorney Shane Hug entered to file the appeal to Ceresia.
“Bryan has finally been cleared of all the charges. He won’t have to look behind his back for an unfounded charge,” Hug said.
Ceresia carefully outlined why he dismissed the case against Berry in his March 2 ruling.
Turning to whether there was any evidence of guilt, Ceresia strongly said, “…there is no credible evidence that defendant (Berry) committed these crimes — rather, all of the credible evidence demonstrated that it its Mosley, who is guilty.”
Ceresia also found that all the witnesses against Berry “were completely lacking in credibility. These witnesses had changed their stories multiple times or hand long and suspicious histories of being jailhouse informants.”
The judge also noted current District Attorney Mary Pat Donnelly’s support of the motion and the affidavit of former District Attorney Investigator Gary Gordon explaining the case history and saying Mosley was responsible based on the evidence.
Ceresia said that Berry has turned his life around by building a successful business, Color Code Painting, and is a positive influence in the community. And an important factor, Ceresia said, was that Paul Schneider, the father of Arica Lynn Schneider, asked the court to dismiss the charges with prejudice.
who said she was trying to avoid hitting another vehicle crashed into a home on Thursday on Route 149, the Washington County Sheriff ’s Office said.
Chantel Noble, 25, of Dodge Hill Road in Granville was driving west when her 2004 truck hit the edge of a ditch, causing her to over-correct, spin and skid off the road, deputies said. She hit a tree before striking a home, landing partially inside a living room.
The occupant of the home was in the bedroom at time and was uninjured, deputies said. The home was deemed structurally safe, they said. Noble was treated for neck pain.
The exact cause of the crash is under investigation, the Sheriff ’s Office said. Drugs and alcohol are not believed to be involved in the crash, deputies said.
ALBANY — A city resident who attacked a man for his ATM debit card and belongings was sentenced Friday to eight years in state prison, Albany County District Attorney David Soares’ office said.
Hugh Saxby, 28, was also sentenced to five years of post-release supervision for the April 2020 incident at a residence on First Street.
Saxby had pleaded guilty to the violent felony of attempted robbery. After the encounter, the victim was able to get to safety and call for medical help.
Because of the severity of the stab wound, the victim was immediately intubated upon arrival at the hospital and underwent emergency lifesaving surgery, prosecutors said.