Jun 02, 2014 — ALBANY, N.Y. (AP) A midlevel court has upheld the murder convictions of an ex-New York prison guard for fatally shooting his ex-girlfriend and the man she was dating in northern New York.
The Appellate Division panel, divided 3-1, says 56-year-old Anthony Pavone doesn't deserve a new trial.
He was convicted of killing 43-year-old Patricia Howard and 52-year-old Timothy Carter in Dannemora.
Prosecutors say Pavone killed them in January 2010 in a fit of rage. The defense argued Pavone was suffering an “extreme emotional disturbance,” which would have reduced his convictions to manslaughter.
The court majority says Pavone “systematically hunted down and executed” the pair, showing “calm deliberation.”
The dissenter say Pavone's use of his right to remain silent was improperly cited by prosecutors to suggest his disturbance claim was false.
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