CANTON — A St. Lawrence County Court judge reserved decision Monday on a request to lower bail for an Ogdensburg man suspected of killing Bernard A. Trickey Jr. in 2005.
Wayne T. Oxley Jr., 44, was in court before Judge Jerome J. Richards after a state appellate court in July overturned his conviction on murder charges and ordered a new trial. Oxley remains in St. Lawrence County jail on $100,000 bail or $200,000 bond.
"This is a man that deserves to be out on bail," defense attorney Richard V. Manning said. "He's going to be found not guilty at the second trial. He's already been in jail for four years and two months."
A defense motion was seeking to have Oxley released from jail under probation supervision or to have bail set at no more than $15,000 so his parents could post it. Mr. Manning noted two people would be willing to provide Oxley with housing and employment as a carpenter upon his release.
Assistant District Attorney Rosemary R. Phillips said Oxley is a considerable flight risk because of the serious charges against him.
"It's a huge motivation to flee the jurisdiction," Ms. Phillips said.
Prosecutors wanted bail kept at its current level.
Oxley was convicted in December 2006 of killing Mr. Trickey with a baseball bat. He was sentenced to serve 25 years to life in state prison before the conviction on second-degree murder charges was overturned.