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Updated 09/09/2008 07:21 PM

Wlasiuk retrial underway

By: Karen Lee

Wlasiuk retrial underway
CHENANGO COUNTY, N.Y. -- In Tuesday's opening statements, Chenango County District Attorney, Joseph McBride, told the jury this will be a "simple case."

McBride says Peter Wlasiuk began plans to stage the death of his wife, Patricia, a year before the incident occurred. The DA says on April 2nd, 2002, Wlasiuk gave his wife alcohol, smothered her to death and then staged an accident in Guilford Lake. He says Wlasiuk then tried to set up witnesses and made calls the day after her death to collect $350,000 in insurance money.

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But defense attorney Randy Scharf, says Patricia died because she drowned. Scharf told the jury that during the first trial, key evidence was left out.

At the time police found Patricia's body, they retrieved several items from her pockets, but Scharf says none of those items were disclosed in the first trial. Scharf also says he'll provide new testimony from two teenagers who say they heard a cry for help on the night of the accident. This counters the DA's argument that Patricia was already dead when the truck arrived at the lake.

The prosecution called more than half a dozen witnesses to the stand, including Patricia's family members. They spoke about Wlasiuk's controlling nature and an acquaintance testified that he saw him hit Patricia and threaten to kill her.

Trial continues Wednesday.