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Rain continues to hammer Duve over handling of Oxley case

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OGDENSBURG - Republican District Attorney candidate Mary E. Rain issued a press release Sunday morning calling on her opponent tostop insulting crime victims who choose to speak publicly about the Nov. 5election.

“It is an outrage that my opponent publicly criticizes crime victims for the courage to speak out,” Ms. Rain charged. “To suggest that crime victims don’t have the right to tell their story about their poor experience with her office is an outrage. I canunderstand her desire to silence their voices- she let them down, just like she has letdown our criminal justice system.”

Incumbent District Attorney Nicole M. Duve said during a media event this week that victims’ families should not have been made a part of Ms. Rain’s campaign.

“I think it is unfortunate and it is disheartening that victims of crime get hauled into the middle of something like this, but that is not a choice that I made and I don’t intend to go there,” Ms. Duve said.

Ms. Rain made her latest Accountability Tour stop last week in Ogdensburg in front of the home of murder victim Bernard Trickey Jr. She was joined by members of the Trickey family at that event. Last month, the mother of 12-year-old murder victim Garrett Phillips joined Ms. Rain at a campaign stop in front of the St. Lawrence County Courthouse.

Ms. Duve took members of the media on a tour of her office Wednesday in an effort to help clear up what she called “misconceptions and distortions” about her office put out by Ms. Rain.

“I think there is a lot of misinformation out there,” Ms. Duve said. “The public is getting their information in sound bites, and that doesn’t do justice to the work done in the office.”

Ms. Rain has cited the Trickey murder case as one of the major cases demonstrating the district attorney;s ineffectiveness as a prosecutor.

“No case personifies my opponent’s failure more than the murder of BernardTrickey Jr.” Ms. Rain said Tuesday. “Three times my opponent tried and failed to convict thealleged murderer, Wayne Oxley. Three times my opponent failed to deliver justiceto the Trickey family. Well, Nicole, three strikes and you’re out.It’s time for newleadership in St. Lawrence County.”

Ms. Duve has pointed out Oxley was convicted by a jury after the first trial but that verdict was oveturned on an appeal. A mistrial was declared after the second trial due to a hung jury, where eight of the 12 jurors reportedly were convinced Oxley was guilty. The Ogdensburg man was found not guilty by a jury after the third trial. Ms. Duve has said witnesses in earlier trials couldn’t be located and some witnesses stepped away from their earlier statements at the third trial.

Ms. Rain also criticized Ms. Duve for her treatment of the Trickey and called on the district attorney to release the personal effects of Mr. Trickeyto his family.

“The murder victim’s family recently revealed they had contacted thecurrent DA multiple times and have never even received a return phone call,” Ms. Rain charged in her press release.“After going directly to her office three times, Bernard ‘Pete’ Trickey Sr. was informed by the DA that the only property he could have was the chair his son was murdered in. Mr. Trickey told her to burn it; he didn’t want it. My opponent shows how littleregard she has for crime victims and their families by her callous refusal to even return phone calls. She has failed as a prosecutor and failed as a crime victim’s advocate if she can’t do the decent thing and take care of the victims.”

Ms. Rain said victims and victims’ families will have a different relationship with the prosecutor’s office if she is elected to the district attorney’s post.

“I pledge to each and every person in St. Lawrence County that when I am your district attorney, I will always return a victim or a victim’s family’s phone call. This isn’t about elections. This is basic human dignity,” Ms. Rain said.

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