Albany Times Union

LOOKING BACK Judge adjourns Barbaritan­o case

Was slated to resume on Friday; man insists killing was an accident

- By Shaniece Holmes Brown

The case of Paul Barbaritan­o, a city man accused of killing a woman three years ago in an apartment on Brevator Street, was scheduled to resume on Friday but the case was adjourned.

It was not immediatel­y clear when Barbaritan­o would be back in court. He’s insisted the death of Nicole Jennings was an accident.

He’s facing his third indictment in connection with the killing of the 29-year-old, who was found July 5, 2019, inside an apartment at 8 Brevator St., near the Harriman State Office campus. Judges threw out two previous indictment­s, citing prosecutor­ial errors.

The 55-year-old is charged with second-degree murder, a charge that carries a maximum penalty of 25 years to life in prison. Barbaritan­o was scheduled to appear Friday morning in front of acting state Supreme Court Justice Roger Mcdonough.

Prosecutor­s for Albany County District Attorney David Soares allege Barbaritan­o choked and stabbed Jennings to death.

His attorney, Assistant Public Defender Rebekah Sokol, has repeatedly said it was a tragic accident that resulted from a sexual encounter between Barbaritan­o and Jennings involving erotic asphyxiati­on. Sokol maintains that while trying to cut a belt from Jennings’ neck, Barbaritan­o stabbed her.

Barbaritan­o has pleaded not guilty.

His case has been a bit of a legal odyssey. He was last indicted in November 2020, weeks after then-county Court Judge William Carter tossed out a prior indictment.

Carter ruled prosecutor­s failed to provide a legal instructio­n to the grand jury about a potential justificat­ion defense for Barbaritan­o. That followed now-retired state Supreme Court Justice Thomas Breslin’s dismissal of an earlier indictment in the case. Carter’s decision highlighte­d grand jury testimony from an Albany detective who testified that Barbaritan­o told him he could not perform sexually with Jennings, who he said wanted to be tied up in a “bondage type of situation.”

Carter’s ruling shed new light on the circumstan­ces of Jenning ’s death and on Barbaritan­o’s alleged actions.

In it, the judge wrote, Detective Anthony Digiuseppe testified before the grand jury Barbaritan­o told him he met Jennings through Narcotics Anonymous. Digiuseppe said Barbaritan­o stated he took a karate belt from his closet, tied Jennings’ hands to her neck, that the belt was wrapped around Jennings’ neck and she encouraged Barbaritan­o to pull it tighter.

The detective testified that Barbaritan­o told him that while behind Jennings on a bed, he pulled the belt and noticed that Jennings stopped making noise. He testified Barbaritan­o told him that while in a drug-induced state, Barbaritan­o grabbed a knife that they used to cut crack cocaine and tried to cut the belt off Jennings’ neck but the two fell between the bed and the wall. Barbaritan­o told him the knife went into Jennings’ neck.

 ?? Times Union archive ?? This week in 1992, Allen Bace, 10, of Albany, checks out the sculpture "Roots" by Marjorie White Williams which was installed at Academy Park in Albany.
Times Union archive This week in 1992, Allen Bace, 10, of Albany, checks out the sculpture "Roots" by Marjorie White Williams which was installed at Academy Park in Albany.
 ?? Paul Buckowski / Times Union archvie ?? Paul Barbaritan­o, center, appears in Albany County Court with his attorneys, Michael Feit, left, and Rebekah Sokol, right, on Jan. 15, 2020, in Albany.
Paul Buckowski / Times Union archvie Paul Barbaritan­o, center, appears in Albany County Court with his attorneys, Michael Feit, left, and Rebekah Sokol, right, on Jan. 15, 2020, in Albany.

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