Pavone reaction during standoff detailed in court – Plattsburgh Press Republican
PLATTSBURGH — Just a month away from trial, double-murder suspect Anthony Pavone returned to court Monday for hearings in his case.
Four law-enforcement officers took the stand Monday morning to describe statements Pavone made during his four-hour standoff and ultimate surrender to police following the murders of Patricia Howard and Timothy Carter.
Pavone was the focus of a nationwide alert following the Jan. 31, 2010, murders of Carter, 52, of Dannemora and Howard, 43, of Plattsburgh, who were on their second date when Pavone, Howard’s ex-boyfriend, allegedly showed up at Carter’s home and killed them.
Pavone was on the run for five days when Broome County Sheriff’s Department deputies spotted his truck in the Binghamton area and found him booked in a motel under an assumed name.
NO QUESTIONING
Broome County Sheriff Detective Sgt. Jason Ellis testified Monday that he was called in as a hostage negotiator after a routine license-plate check on Pavone’s truck “came back with a hit on an active murder warrant.”
Once the motel was secured and a SWAT team was called in, Ellis said, he established contact with Pavone by phone “to try to get him out safely and unarmed.”
The three-hour conversation was recorded.
Ellis said he never questioned Pavone about the murders, only whether Pavone had a gun, the suspected murder weapon, in his possession, which he reportedly did.
That question was posed, Ellis said, to determine whether Pavone had any means of hurting himself or others.
Ellis’s testimony and that of the three other police investigators were elicited for Monday’s hearings to determine whether Pavone’s statements and the related recordings would be admissible in trial.
The investigators maintained that they did not interrogate Pavone in the questioned time frame, as they were trying to defuse a potentially dangerous situation and acting on an arrest warrant, not conducting official interviews.
They also testified that Pavone was informed of, and acknowledged, his Miranda rights on at least three occasions and never asked for an attorney.
‘SEEMED REMORSEFUL’
While they did not question Pavone about the murders, the investigators said, the former New York State Department of Correction sergeant made several spontaneous statements, some of which appeared to be incriminating.
“He indicated he wanted to do the right thing by committing suicide,” Ellis said about his conversation with Pavone during the Feb. 5, 2010, standoff.
Later that day, based on local State Police testimony Monday, Pavone seemed remorseful for his alleged crimes.
When asked about Pavone’s demeanor, Investigator Karen Dufour told District Attorney Andrew Wylie that “he knew that he had killed two people.
“He asked if there had already been services, and he made a comment that he should have blown his head off when he had the chance.”
On the plane trip back to Plattsburgh, Investigator Scott Weightman said, Pavone voluntarily said he “let a lot of people down and to tell his father the reason he’s still here is for him.”
PLEADED NOT GUILTY
Pavone occasionally whispered to his attorney, John Carney, during Monday’s proceeding but otherwise kept his head down during the police testimony.
Carney also questioned the witnesses about Pavone’s demeanor, whether he seemed suicidal or asked for an attorney, which he reportedly did not request.
Wylie also introduced into evidence the transcript of Pavone’s subsequent arraignment in Plattsburgh, when he emotionally apologized to the Howard and Carter families and tried to plead guilty to the murders.
Due to the legal requirements of initial felony arraignments, he was not allowed to enter that plea. He has since pleaded not guilty.
NO RULING
His trial is slated to begin with jury selection May 4, when the defense is expected to argue that Pavone was not guilty by reason of mental disease or defect or due to an extreme emotional disturbance.
Before Monday’s proceeding ended, Carney said he had yet to line up a forensic psychiatrist to support that defense, saying those contacted were either inexperienced in those defenses or too expensive.
Judge Patrick McGill noted that several defense legal motions and applications still needed to be filed for his consideration before trial but felt adequate time had been allowed for those issues to be addressed.
McGill was reluctant to entertain the idea of a delay and seemed optimistic that the trial would move forward in May after Carney agreed to try to resolve the defense issues and find a defense psychiatrist in the coming weeks.
The judge did not immediately issue a ruling on the two-hour hearing.
Email Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com