thedrifter
01-09-07, 02:12 PM
Man won't get new trial for killing son's friend
January 9, 2007
BENNINGTON, Vt. --A 70-year-old Readsboro man won't be getting a new trial after being convicted of killing a friend of his son after arguing with his son about plans to join the U.S. Marines.
But the sentencing of Robert L. Kulzer was delayed for 30 days to give his new attorney time to prepare the case.
In a ruling dated Jan. 5, Vermont District Court Judge David Howard said the victim's family wanted a swift resolution to the case, but other matters needed to be considered.
"The only situation more frustrating for the victim's family would be for a sentencing to be remanded or reversed months from now due to the issue of unprepared or rushed or inadequate counsel," he said.
In November, Kulzer was found guilty of second-degree murder for the March 2005 shooting death of Thomas "T.J." Oxton, 19, while Oxton was sitting in a vehicle parked in the driveway of Kulzer's home.
During the trial Kulzer tried to blame his son, Peter T. Kulzer, for Oxton's death. The son testified his father had criticized him for spending too much time with Oxton and grew angry he and Oxton planned to join the Marines.
Kulzer had been scheduled to be sentenced Jan. 24, but last month Howard allowed Kulzer's attorney Matthew Harnett to withdraw from the case.
At a hearing last week, Howard heard from Vermont's Defender General Matthew Valerio who said he hadn't been able to find a new attorney in a timely fashion.
Bennington County State's Attorney William Wright, who is leaving office at the end of the month, had pushed to have the sentencing on the original date.
But Howard said the "modest delay" was acceptable.
"Weighed against these factors, though, is the defendant's right to competent and prepared counsel at all stages. This latter right, in this case, must trump the other concerns where the courts must find the defender general has acted in good faith to try to obtain replacement counsel," he said.
Ellie
January 9, 2007
BENNINGTON, Vt. --A 70-year-old Readsboro man won't be getting a new trial after being convicted of killing a friend of his son after arguing with his son about plans to join the U.S. Marines.
But the sentencing of Robert L. Kulzer was delayed for 30 days to give his new attorney time to prepare the case.
In a ruling dated Jan. 5, Vermont District Court Judge David Howard said the victim's family wanted a swift resolution to the case, but other matters needed to be considered.
"The only situation more frustrating for the victim's family would be for a sentencing to be remanded or reversed months from now due to the issue of unprepared or rushed or inadequate counsel," he said.
In November, Kulzer was found guilty of second-degree murder for the March 2005 shooting death of Thomas "T.J." Oxton, 19, while Oxton was sitting in a vehicle parked in the driveway of Kulzer's home.
During the trial Kulzer tried to blame his son, Peter T. Kulzer, for Oxton's death. The son testified his father had criticized him for spending too much time with Oxton and grew angry he and Oxton planned to join the Marines.
Kulzer had been scheduled to be sentenced Jan. 24, but last month Howard allowed Kulzer's attorney Matthew Harnett to withdraw from the case.
At a hearing last week, Howard heard from Vermont's Defender General Matthew Valerio who said he hadn't been able to find a new attorney in a timely fashion.
Bennington County State's Attorney William Wright, who is leaving office at the end of the month, had pushed to have the sentencing on the original date.
But Howard said the "modest delay" was acceptable.
"Weighed against these factors, though, is the defendant's right to competent and prepared counsel at all stages. This latter right, in this case, must trump the other concerns where the courts must find the defender general has acted in good faith to try to obtain replacement counsel," he said.
Ellie