We want your news! Send us: News release |Letter to the Editor | Share a picture | Newborn | Birthday | Engagement | Wedding | Other Milestone
Today







Margaret Jane Carey, 80, 11/15/2008

OSWEGO, NY – Margaret Jane Carey, 80, a resident of St. Luke Apartments, died on November 15, 2008, at St. Joseph’s Hospital in Syracuse after a brief illness.

Born in Oswego, she was a daughter of the late Moses and Francis (McHenry) Cortwright and had attended Oswego schools.

She had been employed with the Hillcrest Nursing Home.

Mrs. Carey was a member of the Ladies Auxiliary of both the VFW #5885 and the American Legion #268.

Surviving are her children, Roseanne (Tanner) Leto, Michael (Patricia Manfre) Crisafulli, John (Karen Putnam) Crisafulli, Joseph (Christine Cusyck) Crisafulli, and James (Natalie Kazarian) Crisafulli all of Oswego; five siblings, Francis (Buddy) Cortwright, Charlotte Finnegan, Arlene Russo, Carl Cortwright, Edward Cortwright; 13 grandchildren; seven great-grandchildren; and loving nieces, nephews; and many wonderful friends.

She was predeceased by her husband, Joseph E. (Ned) Carey; and her brother, John Cortwright.

Funeral services will be held on Wednesday at 10 a.m. from St. Paul’s Church.

Burial will be in St. Peter’s Cemetery.

Friends may call at the Dowdle Funeral Home on Tuesday from 5-8 p.m.

Contributions may be made to St. Joseph’s Hospital in Syracuse NY.

Glenn F. ‘Pete’ Carey, 79, 10/28/2008

OSWEGO, NY – Glenn F. “Pete” Carey, 79, a resident of 45 Catherine St., died Tuesday Oct. 28, 2008, at Loretto Heights Nursing Home.

Mr. Carey was born in Oswego, the son of the late Frederick and Edith (Burr) Carey.

He was the husband of the late Ethel (Burdick) Carey, who died in 2002.

He was a veteran of the US Army.

Prior to his retirement, he was employed as a boilermaker and worked on many projects, locally and nationally.

He was a 40-year member of the Boilermakers Union Local #175.

Mr. Carey was a softball player as a young man, and was an avid bowler.

He was an enthusiastic baseball fan.

He was a member of the American Legion and the VFW Post #2320.

He was a communicant of St. Paul’s Church.

He is survived by a daughter, Cheryl (Henry) Watson of Peoria, Arizona; three sons, Thomas Carey of Oswego, Daniel Carey of Fulton, and Jeffrey Carey of Texas; a sister, Shirley Brownell of Oswego; 10 grandchildren, Billy, Christine, Candace, Kevin, Henry, Thomas, Jessica, Stacy, Glenny, and Abigail; and three great-grandchildren, Jacob, Kaitlyn, and Kira.

He was predeceased by a daughter, Linda Gessner; and a grandson, Shawn.

Funeral services will be held at 8:30 a.m. Saturday, at the Dain-Cullinan Funeral Home, and at 9 a.m. in St. Paul’s Church.

Burial will be in Riverside Cemetery.

Calling hours will be held from 5 to 7 p.m. Friday, at the funeral home, 112 E. Second St.

www.daincullinan.com

Illegal Search Ruling Brings Fine, Not Prison In Phoenix Drug Case

OSWEGO, NY – Howard Middleton could have gone to prison for a long time for growing marijuana in his Phoenix home. Instead, he pleaded guilty to a violation, paid a fine and walked out of court because a judge ruled police did not have the right to search his home.

Howard Middleton

Howard Middleton

Middleton, 23, was arrested Jan. 11 after police discovered more than 100 fully grown marijuana plants in his home. He was indicted March 18 on one count of second-degree criminal possession of marijuana and one count of unlawfully growing cannabis.

Oswego County District Attorney Donald Dodd explained that Middleton pleaded guilty Oct. 16 to one violation count of unlawful possession of marijuana. He was sentenced to a $100 fine and a $95 court surcharge.

“His plea flowed from the court’s decision to grant a request to suppress evidence,” Dodd explained.

Police originally visited Middleton’s home at 139 Huntley Road in the town of Schroeppel after receiving tips that a man they were searching for on a warrant may have been there.

Middleton allowed police to enter his home, where police saw a marijuana plant in a white bucket in his kitchen. Police then asked Middleton to open a locked door to another room, where they discovered the marijuana growing operation.

Middleton’s attorney, Paul Carey, filed a motion to suppress both the drug evidence and oral statements that his client gave police. Carey’s motion included several requests, including:

  • A motion for the court to review grand jury minutes to determine if the grand jury process was defective
  • A motion to dismiss the charges on the grounds that the evidence was insufficient
  • A motion to suppress the drug evidence
  • A motion to suppress oral and written statements

Dodd said that his office objected to the motion, citing a “plain view exception” to the rules for search. He explained that if police have a reason to be somewhere and see something illegal, like drugs, in plain view, they don’t have to leave to obtain a warrant.

Oswego County Court Judge Walter Hafner Jr., denied Carey’s first two motions, ruling that the grand jury process was “proper in all respects” and that the evidence was sufficient.

A joint suppression hearing was held in August to determine whether the drug evidence and statements would be allowed. Three officers testified for the prosecution during the hearing to the events that resulted in Middleton’s arrest.

By letter Aug. 18, Carey notified the judge that he wouldn’t be calling witnesses because he believed the people did not meet the burden to show “the legality of the warrantless search” of Middleton’s residence.

In a lengthy written decision, Hafner said that once Middleton told police he did not know the person that they were seeking, the people needed to prove that the officer had a “founded suspicion that criminal activity was afoot” to ask permission to enter his home.

The DA’s office argued that the officer’s threat of obtaining a search warrant did not negate the fact that Middleton consented to the search.

“The fact that those threats were made is a factor for the court to consider,” Hafner wrote.

“No court would have legally issued a search warrant based on unreliable and non-specific information possessed by (the officer) at the time he threatened to obtain a search warrant if the defendant did not consent to the entry of his residence,” Hafner said.

“The people failed to meet the burden of proof that the defendant’s search to his residence was made voluntarily,” he added. Hafner ruled that all evidence and statements were suppressed on the basis that they were the “derivative product of the illegal search.”

Dodd says that whether a search warrant would have been granted is not the issue. He explained that the fact that police had a reason to be there and Middleton allowed officers entry should have been the only consideration.

Once inside, Dodd said he maintains that the plain view exception ultimately negated the original reason police were there once they saw marijuana out in the open.

“That gave police the proper basis to search without a warrant,” Dodd said. “The good judge says otherwise. … We still had an indictment but we had no evidence to prove the indictment. The decision took away our proof so we basically found something that he would plead guilty to.”

Though disappointed with the outcome of the case, Dodd said there was one positive.

“The Phoenix police department took a lot of dope off the street,” Dodd said.

At the time of Middleton‘s arrest, Phoenix Police Chief Rod Carr said that each plant would yield one-half to three-quarters of a pound of marijuana. He said that the street value of one pound of marijuana is approximately $1,500 to $2,000.

Search Our Archives:

Judge Todd to Defendant: Teen’s Confession Admissable

A confession allegedly made to state police by one of the teenagers accused of robbing and killing a Granby man can be used as evidence in a jury trial. In his decision, Judge Donald Todd said, “The court finds the defendant made his statements voluntarily and they were obtained in a manner that did not violate his state or federal constitutional rights.”

Continue reading


Beverly A. McKalsen, 87

Beverly A. McKalsen, 87, of Granby, passed away early Thursday morning July 31, 2014, at home with her family by her side.

Continue reading


Oswego County Postpones Aerial Spraying Tonight

Aerial spraying of the Toad Harbor / Big Bay Swamp area near the north shore of Oneida Lake is postponed tonight, Thursday, July 31, due to uncertain weather. The forecast indicates varied conditions, such as rain and wind speeds, that would hamper spraying efforts. Weather permitting, aerial spraying will take place tomorrow, Friday, Aug. 1 between 6 and 9 p.m.

Continue reading


DA: No Evidence Of Human Remains At Rice Road Site

The Oswego County Sheriff’s Department and District Attorney’s Office have concluded their investigation at the property on Rice Road in the Town Of Mexico. While there was no reliable evidence indicating the property was related to the abduction of Heidi Allen, we conducted a thorough and exhaustive search of the property, the district attorney said. The Sheriff’s Department devoted considerable resources to this search and made every effort to discover and recover any remains that may have been there. There is no evidence that any human remains are or ever were at that site.

Continue reading


Award-winning Play Comes to Fort Ontario for One Performance Only

Bring the whole family to Fort Ontario State Historic Site, 1 E. Fourth St., Oswego, for a performance of “The Great Rope,” the award-winning play written by the late Rosemary Nesbitt of Oswego. The one-time-only show begins at 6 p.m. on Saturday. “We’ve put together a great group of children and adults from the community to help us bring this play to life again and honor Rosemary’s vision,” said director Jonel Langenfeld Rial, professor of theater and education in the SUNY Oswego Theater Department.

Continue reading



v3_2014_64