Pacherille Jr. case now before third judge

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February 9, 2012

BY JOE MAHONEY Staff Writer The Daily Star Thu Feb 09, 2012, 02:30 AM EST

COOPERSTOWN -- A third judge has taken over the case of local teenager Anthony Pacherille Jr., the former Cooperstown High School student serving an 11-year prison term after shooting an African-American classmate in April 2010.

Pacherille's attorney, Frank Policelli of Utica, is pressing to have his client resentenced as a youthful offender.

The lawyer has argued in court papers that Otsego County Court Judge Brian Burns, the initial judge in the case, should have disclosed that he felt intimidated by a letter sent to him last June by the youth's father, Anthony Pacherille Sr.

The sentencing took place the following month.

Burns recused himself from the case in October, ruling that it was "important that the public have confidence in the integrity of the justice system" and noting he wanted to "avoid even the appearance of impropriety."

Court officials said Wednesday the case has been transferred to Broome County Judge Joseph F. Cawley.

Officials said Administrative Judge Robert C. Mulvey of the 6th Judicial District ordered the transfer after Broome County Judge Martin E. Smith recused himself from the case.

Smith had taken charge of the case after Burns stepped aside.

When Burns recused himself, he noted that the plea agreement between prosecutors and Pacherille Jr.'s then attorney required the teen to be sentenced as an adult and precluded the possibility that he would receive youthful offender treatment.

The judge said the 11-year sentence was "not related to factors extraneous to the case."

If Policelli convinces Cawley to resentence Pacherille Jr. as a youthful offender, the maximum penalty imposed on the teenager is 1½ to four years in state prison.

Convicted of second-degree attempted murder, Pacherille Jr., who will turn 18 next month, is being held in maximum security Wende Corrrectional Facility in Alden, 221 miles west of Cooperstown.

The sentence grew out of the shooting of his classmate, Wesley Lippitt, who was struck once in the arm by gunfire after Pacherille Jr. chased him into the front hallway of the Cooperstown Village Police station.

Pacherille then turned the .22-caliber rifle on himself, with that shot striking him in the chin.

Both youths recovered from their wounds.