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Witness: Someone Else Killed Trickey

For the first time, a jury hears testimony that someone else - not Wayne Oxley - may have killed Bernard Trickey.

Unlike Oxley's two previous trials, a jury has heard a witness testify that someone other than Oxley is responsible for beating Trickey to death with a baseball bat in August 2005.

Testifying Wednesday morning, Michelle 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."

Disotell said Webb threatened her several weeks later to stay quiet or "he would let me watch and kill my children and then he'd kill me."

Disotell has admitted lying in previous testimony, but has never gone as far as pointing the finger at someone.

Because she feared for her and her children's safety, Oxley's attorney tried to get the court to let Disotell testify under an assumed name.

Judge Jerome Richards denied the request.

Under cross-examination by the prosecution, Disotell admitted she lied in previous testimony and that she has an extensive criminal record.

Disotell is currently jailed on welfare fraud charges.

Outside the jury's presence, the judge revealed that Disotell had previously been treated for mental health issues, but didn't rule on whether prosecutors could use that to later attack her credibility.

The jury also heard testimony Wednesday from defense witness Dan Skamperle, who is a member of the Ogdensburg City Council.

Skamperle described himself as a friend of Oxley.

At one point, the judge threatened to sanction District Attorney Nicole Duve for attempting to discredit Skamperle by bringing up his personal life.

See our story about Disotell's fear of testifying.

Thursday, May 23, 2013
, Watertown, NY

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