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Defense Witness Oxley Trial Says Someone Else Did The Murder

Story Published: Feb 9, 2012 at 6:36 PM EDT

Story Updated: Feb 9, 2012 at 6:36 PM EDT

A second defense witness in the Wayne Oxley murder trial says someone else killed Bernard Trickey Jr.

Wayne Simmons, who is currently jailed on a probation violation, took the witness stand on Oxley's behalf Thursday.

Simmons testified that he overheard a conversation in which Robert "Chase" Webb admitted he and his brother killed Trickey in 2005.
 
Simmons told the court that he heard Webb tell another inmate that, "him and his brother are the ones that went into the house and killed Mr. Trickey."

Meanwhile, St. Lawrence County District Attorney Nicole Duve attacked the credibility of defense witness Michelle Disotell during her cross examination.

Disotell has testified in all three of Oxley's trials and has given three separate stories on the witness stand.

During this current trial, Disotell said a drug dealer named Robert Webb threatened to kill Trickey, who was Oxley's neighbor in Ogdensburg, a couple of weeks before the crime.

Disotell testified that about a week after Trickey's death, Webb told her, "I told you I was going to kill him and I did."

Judge Jerome Richards ruled that prosecutors can use certain parts of Disotell's mental health records as evidence, despite the objections of assistant Public Defender Robert Ballan.

The judge told Ballan that Disotell could be charged with perjury.

The judge said, "She volunteered to testify when she could have taken the fifth so she is stuck with what she put herself into."

Testimony will resume Friday at 9:30 a.m.

The defense in the expects to wrap up its case by next week.
Sunday, May 19, 2013
, Watertown, NY

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