MURDER SUSPECT WAITS FOR DECISION ON LAWYER
Ulster County Public Defender’s Office has possible conflict involving victim
KINGSTON, N.Y. » The case against murder suspect Seth P. Lyons has been adjourned until Wednesday to give the court time to determine whether the Ulster County Public Defender’s Office can represent him.
At issue is the office having previously represented Anthony Garro Jr., the man Lyons is accused of killing last week in Midtown Kingston.
Assistant Public Defender Jeff Provenzano notified City Court Judge Lawrence Ball on Monday about the potential conflict of interest. Provenzano would not discuss the nature of the previous case.
If the Ulster County Public Defender’s Office is removed from the case, Lyons could be assigned a public defender from Dutchess County.
Lyons, 20, of Ulster Park, wore an orange Ulster County Jail jumpsuit and shackles and stood silently by Provenzano’s side during Monday’s proceeding, which took less than five minutes.
Garro’s body was discovered Wednesday morning on unused railroad tracks under a bridge on Elmendorf Street in Midtown Kingston. Lyons was taken into custody a short time later, not far from the scene, and police said he was covered in blood.
Lyons was charged with second-degree murder later Wednesday and sent to county jail without bail.
If the Ulster County Public Defender's Office is removed from the case, Lyons could be assigned a public defender from Dutchess County.
Second-degree murder carries a maximum prison sentence of 25 years to life.
Kingston Police Detective Lt. Thierry Croizer said last week that Garro, 49, died after a “really violent assault” in which he was struck with hands, feet, a blunt object or a combination of the three.
Croizer said police still were trying to determine a motive for the killing and were investigating whether the suspect and victim knew each other.
Lyons is not due to appear in court Wednesday for the determination about whether the Public Defender’s Office can represent him.
Lyons’ next appearance is scheduled for Dec. 11, when a competency hearing will be held. He is to undergo a psychiatric exam before then.