Judge denies Stevens’ request for new defense

Madison County Court ready to proceed in case of Oneida City man accused of stabbing ex-girlfriend 14times.

WAMPSVILLE, N.Y. >> Michael Stevens was denied a request for a new public defender at his latest court date.

The accused requested new defense, and Judge Patrick O’Sullivan, citing a number of letters to the court from Stevens and his mother, opened the proceedings by giving Stevens the floor.

Stevens explained that he was concerned over a lack of communication with his current defender John Raspante, adding that there has been no thought to any defense and Raspante missed the most recently-scheduled hearing, forcing O’Sullivan to reschedule the Sandoval and Huntley hearings planned for that day.

“There’s a lot of miscommunication between me and him. I don’t know where to go,” Stevens said. “I don’t know how I could get a fair trial.” O’Sullivan disagreed. “I haven’t heard anything that is outrageous,” the judge said, reflecting on the number of attorneys previously assigned to Stevens. “You haven’t let anyone do any work yet.”

Since the legal process started in the case, Stevens’ first lawyer, William Roth, and second lawyer, Richard Marris, have both been replaced. Roth requested to be relieved from his duties as a result of ethical concerns in September of 2016. Then, in March of 2017, Stevens requested new defense.

Noting Stevens’ unhappiness with Raspante’s previous absence, O’Sullivan did say, “I agree. I was upset too. It’s not going to happen again.”

For his part, Raspante apologized to Stevens, saying that one of his other assignments that

day ran well beyond the expected time, causing his absence.

“I regret it. It displeases me,” he said, adding that he was “glad to continue” his representation and would continue to be candid with his client.

Stevens also believes he cannot receive a fair trial in Madison County because both of his alleged victims have relatives employed by the county, with one of the alleged family members working in the sheriff’s office.

“The District Attorney is a law office. As such we search for perceived conflicts in order to determine if we need to bring in a special prosecutor,” Madison County Assistant DA Robert Mascari said, adding that the DA’s Office had discovered no conflict, real, imagined or perceived.

“Their job is to prosecute you, represent the people, and present proof in a legal, ethical way,” O’Sullivan said.

The accused also said his name was being slandered in the newspaper.

“Attorneys have no control over First Amendment rights,” O’Sullivan said in response.

Taking Stevens’ concerns and previous matters into consideration, the judge decided to move forward with the case and Raspante as the defendant’s representation.

“I think it’s time we get to the Sandoval and Huntley hearings,” O’Sullivan said.

Those hearings will take place on Thursday, Aug. 10, and Stevens will not be testifying, according Ras- pante.

A Huntley hearing determines whether a defendant’s statement is admissable by analyzing the manner inwhich the defendant’s statement was taken. The court examines whether or not the defendant was given proper Miranda warnings and whether or not the defendant was of sound, sober mind when giving law enforcement a statement. If it is determined the statement was involuntary, then there are grounds to suppress the accused’s statement.

A Sandoval hearing determines whether or not the prosecution will be granted permission to ask the defendant about previous convictions should the defendant elect to testify during trial.

Stevens, 36, is accused of stabbing his girlfriend more than 14 times at his North Lake Street home on July 15, as well as robbing another man.

While behind bars, police say he tried to get other people to kill both his girlfriend and the robbery victim.

The grand jury has indicted Stevens on the following counts:

• Second- degree at- tempted murder, a class B felony;

•First-degree assault, a class B felony;

•Second-degree assault, a class D felony;

•Third-degree robbery, a class D felony;

•Third-degree criminal possession of a weapon, a class D felony;

•Second-degree criminal solicitation, a class D felony;

•Three counts of endangering the welfare of a child, a class A misdemeanor;

•Obstruction of breathing, a class Amisdemeanor;

•Second-degree harassment.