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Court Overturns

Murder Verdict

v. Casey Callahan

Husband Had Been Found Guilty

17 Years After Wife Was Run Over

By LIBBY CUDMORE • Special to www.AllOTSEGO.com

Casey Callahan, right, is led out of the Otsego County Courthouse by a sheriff’s’ deputy at the conclusion of the first day of his 2017 trial.(Parker Fish/AllOTSEGO.com)

COOPERSTOWN – Casey Callahan’s 2017 conviction for murder in the second degree in the 2000 killing of his wife, Elizabeth Callahan, has been overturned by the Appellate Division, Third Department, according to a decision announced Friday.

“Because the evidence of the defendant’s guilt was not overwhelming, there must be a new trial,” the decision read.

The defendant, Callahan, challenged Amanda Travis’ testimony that she saw him abuse her aunt as “beyond the scope of the Molineux application” because the prosecution requested to offer proof of verbal and emotional abuse by Callahan, but Travis also testified to witnessing him kick Elizabeth in the stomach.

“As such, the niece’s testimony, some of which was hearsay, exceeded the scope of the People’s Molineux application and deprived the defendant of a fair trial,” the ruling read.

Although no objections were made to Travis’ testimony by the defense during the trial, the judges still acknowledged that her testimony  was unfair to Callahan. “Despite this infirmity, we deem it appropriate under the particular circumstances of this case to exercise in the interest of justice jurisdiction and reverse the judgement.”

“This ruling was made ‘in the interest of justice,'” said District Attorney John Muehl. “But their interest of justice is for a murderer, not a victim.”

Muehl has not yet decided whether he will seek a new trial. “At this point, we’re still looking at options,” he said.

Posted

4 Comments

  1. Regardless of who he is or what he has done, doesn’t the U.S. Constitution guarantee the right of every citizen to a fair and impartial trial by jury? How can this guy, or anyone else for that matter, get a fair trial when our county DA goes on public record with the malicious intent to asperse the character of this man to the citizens of our county, publicly calling him a MURDERER just a few days AFTER the 3rd Judicial Dept. of the NYS Supreme Court cleared this man of murder, meaning he is NOT currently listed as a murderer. Why is our DA going out of his way to slander this man to this county’s ENTIRE pool of potential jurors? It seems to me that our esteemed DA is providing more than enough cause, bordering on prosecutorial misconduct, for the Appellate Court to reverse yet ANOTHER conviction if the DA takes it to trial AGAIN. The DA can’t defame people like this if he plans to try them. What is he doing? The first trial cost us, taxpayers, an excess amount of money. How much will a second trial cost us? If Muehl is providing the ammunition for another reversal before even having a second trial, how much will a third trial cost us? Not to mention the suit against the county this guy could bring for wrongful imprisonment if Muehl can’t get this conviction. That could amount to hundreds of thousands of dollars, or possibly even into the millions! Look up how much money these guys are winning in those cases! It is my choice to live and work in this county but I’ll be damned if I’m going to sit here quietly while Muehl spends my hard-earned tax dollars over and over AGAIN to make up for his stupidity on not keeping his big mouth shut!

  2. Dear Concerned – the appellate court did not clear this man nor did it vacate his conviction. He is still a convicted murderer, although he has been granted a new trial. He’s also a convicted sex offender, do I wouldn’t worry too much about anyone casting aspersions on his character. Finally no matter the ultimate outcome of this matter, he cannot sue the prosecutor.

    I’d be more concerned that this animal might be released than with spending money to try him again.

  3. Just saw the Investigation Discovery episode on this and we found it mind blowing that this guy was convicted. The Family of the lady that had died were complete fools. Looking for anything to blow out of proportion. I understand they lost a loved one but it’s obvious that they were reaching on this and it was downright annoying. We would just all roll our eyes when they would start talking. It’s almost good that this was televised so everyone can see how ignorant these folks were acting. They could produce nothing and all the “ah-ha” moments were absurd.

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