Murder suspect faces third psych evaluation
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#1 Oct 14, 2006
October 8,,, 2006
RE: William Demagall
For what it is worth, Assistant DA Michael Cozzolino has not been remiss in locating and retaining two highly regarded forensic psychiatrists to evaluate William Demagall. The first evaluation he submitted to Judge Paul Czajka, rendered by Dr. Stuart Kleinman, an extremely experienced forensic psychiatrist and Associate Clinical Professor of Psychiatry at Columbia University’s College of Physicians and Surgeons, now on staff at world class, New York University.
Czjaka declared that Dr. Stuart Kleinman’s work regarding Demagal was not valid among his other choice sentiments. As a trial court judge he has the discretion to determine what evidence and what testimony is admissible. It is one of the most powerful way’s judges mold and plan a trial to reach their desired outcome. His ruling essentially rejected the district attorney’s office and the defense attorney’s for a plea bargain.
I felt bad for our assistant D.A. Mike Cozzolino who had been pistol whipped by the judge and humiliated in what I saw was nothing more than smoke and mirrors. From my viewpoint in the court room last week, it seemed as though the judge was merely baiting both attorney’s to produce more evidence of Demagall’s mental disease to cover his bases. He is clearly of an old school opinion that is politically correct with his supporters in Columbia County. The lack of proper and abusive psychiatric care in Columbia County is the evidence of this mind set.
Despite the credentials of the next batter up, Dr. Tuchman will unlikely convince Judge Czajka, this in turn will deny the proper admissible scientific evidence into the court room when God forbid, it goes to trial. Frankly, I think that the abuse of discretionary power that has been evident so far will become more blatant despite the 400 page medical record from the psychiatric facility Demagall escaped from 48 hours before he killed in a psychotic rage. I am certain that defense’s expert witness will finally be submitted in writing and his findings will coincide with the prosecutions. Reparative action at the appellate level will have to be sought among other things.
For the obvious reasons this case should be moved out of Judge Czjaka’s court room to a different county where the climate is not so hot and biased. I cannot imagine Demagall finding a jury of his peers here in Columbia County or anywhere for that matter.
With all due respect, we could try Bellvue.
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