Pavone plea: not guilty

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February 9, 2010

Change upsets victims' kin; gun found in motel

By ANDREA VanVALKENBURG The Press Republican Tue Feb 09, 2010, 06:36 AM EST

PLATTSBURGH — Despite his earlier attempt to plead guilty, murder suspect Anthony "Tony" Pavone now has an attorney and is maintaining a not-guilty plea.

The 52-year-old former correction sergeant returned to Clinton County Court Monday morning for a continuation of his arraignment on second-degree murder charges for the shooting deaths of Timothy Carter, 52, of Dannemora and Patricia Howard, 43, of Plattsburgh.

NOT GUILTY PLEA
With the victims' families crowded into Judge Patrick McGill's courtroom, Pavone remained silent as his attorney, William Meconi, addressed issues of the case, such as waiving the time frame for a felony hearing.

To the obvious dismay of those seated in the packed courtroom, Meconi said Pavone would keep the not-guilty plea that McGill had entered on his behalf Friday afternoon during the first portion of his arraignment.

Meconi then requested a mental-health exam for Pavone, which McGill had earlier expressed an interest in obtaining.

When the victims' families heard the request, there were loud gasps and several muttered cries of "no," as they feared a future mental-defect defense.

But those close to the case told the Press-Republican the mental-health order is to determine whether Pavone is competent to stand trial and is not related to a possible defense.

Before the proceeding was adjourned, McGill upheld District Attorney Andrew Wylie's previous request to have the Morrisonville man held without bail.

After the brief appearance, with extra security lining the courtroom, Pavone was ushered outside under close watch but not before some in the audience called him a coward and murderer.

In an e-mail to the Press-Republican, Howard's daughter Sarah said, "It wasn't enough for him to take away two amazing people from their children; now he has to drag this case to court when he knows he is guilty. It turns my stomach to think of the images of my mother's blood-covered body being viewed by a courtroom full of people! When will this ever end for us?"

MUST HIRE LAWYER
It was unclear Monday when Pavone will return to court next as he has two weeks to hire an attorney. Meconi is court-appointed, and Pavone will likely not qualify for that status, based on his Department of Correctional Services income of $74,000.

Pavone has reportedly indicated that he intends to keep Meconi as his legal counsel.

Last Friday, after almost six days on the run, Pavone was captured in the Binghamton area after a four-hour standoff with police.

He is the prime suspect in the deaths of Carter, a civilian prison employee, and Howard, a dental hygienist whom he used to date.

Carter and Howard were on their second date when, police said, Pavone showed up at Carter's Route 374 home. She called State Police barracks in Plattsburgh to report that Pavone was outside and refused to leave.

Two troopers arrived in less than a half hour and found Carter and Howard dead.

GUN RECOVERED
A handgun has been recovered from the Del Motel in Kirkland, where Pavone was captured on Friday, State Police Bureau of Criminal Investigation Capt. Robert LaFountain said Monday.

Although the gun was found in the room where Pavone had been staying, forensic testing must be done to determine whether it was the weapon used in the murder, LaFountain said.

DNA SAMPLES
When he was returned to the area Friday, Pavone tearfully apologized to the families and emotionally tried to plead guilty. He wasn't allowed to do that because it would violate the legal requirements of initial felony arraignments.

As police continued their investigation Monday, Pavone consented to having a DNA sample taken to be compared to pieces of evidence.

Meconi declined to comment on the case.

E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com