CANTON — The state's top court has refused to review a ruling that overturned Wayne T. Oxley Jr.'s murder conviction.
The motion filed by the St. Lawrence County district attorney's office was denied without comment by the Court of Appeals in Albany, District Attorney Nicole M. Duvé said Friday.
Oxley, 44, Ogdensburg, was convicted in 2006 of killing a neighbor, Bernard A. Trickey Jr., with a baseball bat. A state appellate court in July ordered a new trial for Oxley.
The Appellate Division of state Supreme Court in Albany determined that County Judge Jerome J. Richards mistakenly refused to allow witnesses to testify that Robert C. "Chase" Webb threatened to kill Mr. Trickey shortly before his murder.
A second trial is scheduled to start in mid-March. Oxley is in St. Lawrence County jail on $75,000 bail or $150,000 bond.