OSWEGO COUNTY, NY – Arraignment proceedings for Jay Barboni, the man accused of murder in the death of his girlfriend’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.
“For reasons that I don’t intend to discuss or disclose… I have requested that Judge Hafner recuse himself from any cases I am prosecuting,†Todd said. “He has agreed.â€ÂÂ
The matter was subsequently referred to Fifth District Administrative Judge James C. Tormey, who will select a judge to preside over Barboni‘s case. No return date has been set at this time.
Todd pointed out that there is no time constraints that would affect Barboni’s custody status. Barboni is being held at the Oswego County Correctional Facility without bail.
“The case has already gone to the grand jury,†he said. “All we need now is an available judge.â€ÂÂ
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 Barboni’s care.
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