Closed courtroom doors at Novak trial lead to new hearing - TopicsExpress



          

Closed courtroom doors at Novak trial lead to new hearing By Heather Yakin Times Herald-Record MONTICELLO — A judge has ordered a hearing on a defense motion to set aside the first-degree murder guilty verdict against Paul Novak in the 2008 death of Catherine Novak. Catherine Novaks body was discovered Dec. 13, 2008 in the burned remnants of her Sullivan County home. In 2012, her estranged husband, Paul Novak, and one of his coworkers at a paramedic service, Scott Sherwood, were charged with murder in her death. On Sept. 27, following a seven-week trial, a jury convicted Novak of first- and second-degree murder, burglary, arson, grand larceny and insurance fraud. Novaks lawyer, Gary Greenwald of Greenwald Law Offices, filed papers asking Judge Frank LaBuda to set aside the verdict. Greenwald argued that the courtroom doors were closed to the public — locked — during part of his closing arguments to the jury. Greenwald argued that this violated Novaks Sixth Amendment right to a public trial. LaBuda granted a hearing on the issue, to be held at 9:30 a.m. Jan. 30 in Sullivan County Court. There were a number of members of the public inside the courtroom for Greenwalds closing, including reporters from the Times Herald-Record and Dateline NBC. Greenwald said members of his office staff and others have signed affidavits saying they were unable to get into the courtroom, and a court officer has testified in court that he mistakenly closed the courtroom for a period. Were looking forward to the court appearance, and hopefully well have a new trial and rectify this injustice, Greenwald said. Sullivan County District Attorney Jim Farrell declined to comment on the decision, saying hell make his arguments at the hearing. hyakin@th-record Paul Novaks lawyer says closed courtroom doors violated his Sixth Amendment rights.
Posted on: Sat, 25 Jan 2014 22:46:49 +0000

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