OSWEGO COUNTY, NY – Arraignment proceedings for Jay Barboni, the man accused of murder in the death of his girlfriendÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s son, have been delayed.
Last week, an Oswego County grand jury filed a three-count indictment against Barboni, 30, of Falcon Drive in Liverpool, that included one count each of second-degree murder, first-degree manslaughter and second-degree manslaughter.
Barboni appeared for arraignment Friday with his attorney, Amy Hallenbeck, in Oswego County Court. The prosecution is being shared by Chief Assistant District Attorney Donald Todd and Assistant District Attorney Gregory Oakes.
A conflict between Todd and Oswego County Court Judge Walter Hafner ultimately resulted in the delay.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œFor reasons that I donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t intend to discuss or discloseÃƒÂ¢Ã¢â€šÂ¬Ã‚Â¦ I have requested that Judge Hafner recuse himself from any cases I am prosecuting,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Todd said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œHe has agreed.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
The matter was subsequently referred to Fifth District Administrative Judge James C. Tormey, who will select a judge to preside over BarboniÃƒÂ¢Ã¢â€šÂ¬Ã‹Å“s case. No return date has been set at this time.
Todd pointed out that there is no time constraints that would affect BarboniÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s custody status. Barboni is being held at the Oswego County Correctional Facility without bail.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe case has already gone to the grand jury,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â he said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œAll we need now is an available judge.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Barboni was arrested Aug. 21 and charged with second-degree murder in the death of 15-month-old Nicholas Taylor. The toddler died Aug. 18 while in BarboniÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s care.