CANTON - St. Lawrence County District Attorney Nicole M. Duvé starts round three Tuesday with an Ogdensburg man accused of beating his neighbor to death with a baseball bat.
Wayne T. Oxley Jr. was convicted of second-degree murder in 2006 for killing Bernard A. Trickey Jr, and later sentenced to prison for 25 years to life. A state appellate court ordered a retrial and sent the case back to county court. The 2010 retrial ended in an 8-4 hung jury in favor of guilty.
Ms. Duvé then, despite criticism about the costs of the case, brought the charge again and asked for a third trial.
"I'm nervous and scared," Oxley said. "With (Nicole) Duvé's ego at stake there is no way this wasn't happening."
Oxley will have a different attorney standing beside him than the first two trials. Peter A. Dumas, of Malone, is taking over for Richard V. Manning, of Parishville.
Mr. Manning asked to be relieved of his duties due to health reasons.
To prepare for the trial Mr. Dumas had to sift through 10,000 to 12,000 pages of transcripts from the first two trials.
"It's going to be a little different," Oxley said. "I've never seen Pete in action."
Oxley's trial also summoned three times the average amount of jurors.
St, Lawrence County Commissioner of Jurors Melissa A. Sweet said 650 summons were sent out last week, up from 200 for a normal trial.
Since moving back to the north country for the third trial, Oxley has began working as a carpenter for residential homes.
"Business is pretty good right now," Oxley said.
Despite an order from Judge Jerome J. Richards to pay the county back for his assigned counsel, Oxley said he has no intention of doing this.
"I've got child support that is more important," he said. "They'll just put a judgment against me."
Oxley also confirmed a plea deal existed between himself and the district attorney's office that if he pleaded guilty and signed a written confession, he would be sentenced to time served.
"Judge Richards would never allow the plea deal," he said.
Ms. Duvé declined comment on whether a deal ever existed.
Oxley said police should investigate the death of John D. Shannon and that will lead them to who killed Mr. Trickey. Mr. Shannon died in a fire weeks after the murder of Mr. Trickey. The fire was ruled an arson but no arrests were made.
He said Mr. Shannon, Oxley's neighbor, either killed Mr. Trickey or knew who did.
Oxley said Mr. Dumas plans to bring different witnesses than Mr. Manning did in the first two trials.
Oxley also may testify on his own behalf.
"I would love to go up there and tell them 'I'm innocent,'" he said. "They keep trying to convict an innocent man."