Tri-Towns Bureau

NORWICH — In closing remarks to the jury Wednesday, Chenango County District Attorney Joseph McBride said, "What this case is about is that this defendant intentionally murdered his wife by smothering."

Jurors will start deliberating the fate of Peter Wlasiuk today in Chenango County Court.

Wlasiuk, 33, of Oxford is charged with second-degree murder in the death of his wife Patricia, 35, on April 3. If found guilty, he faces a sentence of 25 years to life in prison.

Following closing arguments Wednesday, Judge W. Howard Sullivan told jurors he will give them the case this morning. Closing remarks began after the defense rested at 1:30 p.m. Wednesday.

Defense attorney Frederick Neroni tried to convince the jury that Patricia died during an accident in Guilford Lake on the morning of April 3. He said the case against his client has not been made "beyond a reasonable doubt."

However, McBride — during a nearly 90-minute summation — said, "This was no accident, and we know that.

"The only question is where did he kill her?" McBride said. And that doesn't need to be proven for a conviction, he said.

Evidence indicates the alleged murder happened at the Wlasiuk house, McBride said.

Neroni singled out several aspects of the case against his client for examination.

Both forensic pathologists who testified — Dr. James Terzian of Lourdes Hospital in Binghamton and Dr. Michael Baden of the state police in Albany — said Patricia died before she went into the water at about 12:30 a.m.

Baden based his finding on Terzian's report and information "spoon-fed" him by law enforcement, Neroni said. But Terzian made a preliminary finding after the initial April 3 autopsy that she died of probable drowning, Neroni said.

It wasn't until after Terzian examined the scene that he changed his finding to asphyxiation, he said. The biggest factor for the change was the finding of burdocks at the Wlasiuk property, Neroni said.

When a second autopsy was completed April 10, Neroni said, no additional medical information was found on the body.

"My God, burdocks, you did it," Neroni said, summarizing the case against his client. "There is a life at stake here. The question is, did he kill his wife? Let's have a little proof here."

Neroni maintained that the stickers found in Patricia's hair and clothing and in Peter's work boots, might have come from the lake.

Holding up a photo of the bush, where several witnesses said the alleged struggle that resulted in Patricia's death might have occurred, Neroni said he didn't see any signs of such an incident.

Pointing to leaves underneath the bush, he noted they appeared undisturbed.

"Something is going to have to be shown someplace" that indicates disarray if the prosecution is going to claim there was an assault, Neroni said. "There has to be some sign of a struggle."

The bush has a broken branch and a clump of hair found in the branches, Neroni said.Arguing against the prosecution's theory that Patricia's body was dumped in the bed of the truck before the truck was sent into the lake, Neroni points to the location where Patricia's glasses were found near the shore.

They might have washed out of the cab, he said, when its doors were opened to drain the water out. This would show she was in the cab, he said.

He also took issue with accident reconstruction testimony, saying witnesses didn't have enough experience with an underwater crash.

Injuries to Patricia, which pathologists said were caused before death, Neroni said, may have been caused by efforts to rescue Patricia.

Talking about Wlasiuk's behavior during the case, Neroni said, "I think he alienated a lot of people."

But, "because you don't like someone is no reason to find him guilty for murder. ... What you've got is a lot of smoke and no fire," Neroni said.

Regarding the several stories Wlasiuk told about the alleged accident, Neroni said, "If he would have told the truth initially, I don't think any of us would be sitting here this day."

McBride, who began his remarks at about 4 p.m., said the only things the two lawyers agreed on in this case is that attorney remarks were not evidence.

He described the case as Wlasiuk's "last desperate effort to escape justice."

"When we look at the evidence to how Patty died, she led us to the killer," he said.

Her diaries show, "she did everything to please him and he did everything he could to treat her like a dog," McBride added.

Referring to Wlasiuk's two days of testimony, he said, "I've never heard a married man talk about disciplining his wife. This is a woman who was abused for a long time."

The motives for the murder, McBride said, were a girlfriend, custody of the children and money.

The diaries show Patricia was concerned that Wlasiuk was ignoring her for Joyce Worden of Guilford, who was part of a three-way relationship, McBride said.

During his testimony, Wlasiuk talked about his plans to buy Country Bob's bar in Binghamton. This was at a time, McBride said, when the couple's bar — the Angel Inn in Guilford — was losing money. Wlasiuk planned to use Patricia's life insurance to pay for these plans, McBride said.

Witnesses said that Patricia was planning to seek custody of the couple's two children after she left Peter. They also said he threatened to kill her if she did.

"She put her foot down and he put her head down in the burdocks and killed her," McBride said.

"This whole dispute of a struggle is a diversion to keep your eyes off the evidence," he told the jury. "We're here to do justice for Patty — to do justice for society."

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Mark Boshnack can be reached at (607) 563-1493 or at starsidney@wirelessthinktank.com.