OSWEGO, NY – Statements made by Joyce Malone to police in the hours after her husband’s death can be used at her trial, a judge has ruled.
Oswego County Court Judge Walter Hafner denied defense attorney James Eby’s attempt to suppress his client’s statements.
The 69-year-old Tug Hill Road resident is charged with second-degree murder.
She pleaded not guilty of killing her husband, Ralph, 74, in their home on March 19 following an argument.
Five people testified at the Huntley Hearing on Aug. 2 to determine whether to suppress her statements.
Among them was sheriff’s office Investigator Eugene Sullivan III.
The investigator testified that he had read Malone her Miranda rights.
She continued to make some statements in regard to the case, he added.
Eby was unavailable for comment.
Malone is slated to be back in court Thursday morning, according to Assistant District Attorney Gregory Oakes.
Eby has had Malone examined by a psychologist and plans to use “extreme emotional disturbance” as a defense, Oakes said.
He is awaiting the results of that exam and will possibly have Malone examined by an independent psychologist in the coming weeks, Oakes said.