Saturday, May 11, 2019

  

Pascarella loses appeal of conviction for killing his father

Pascarella, Jr.

ALBANY – Nicholas Pascarella, Jr. has lost the appeal of his murder conviction.

Pascarella, 44, beat his father, Nicholas Sr. to death with a baseball bat at the elder man’s Marlboro home in December 2014.

The son’s appeal to the Appellate Division of State Supreme Court asserted that he suffered from post-traumatic stress disorder due to years of psychological and sexual abuse inflicted on him by his father.

A first trial ended in a mistrial, but in a second trial he was found guilty of murder and sentenced to 25 years to life in state prison.

The appeals court said that testimony at trial noted to Pascarella Jr. told his wife by phone while in the Ulster County Jail that he “would do it again” and “would do it every single day without hesitation and had no remorse because [of] what [them], and what [the victim] did to [his] son.” He also told his wife that he “by no means” regretted what he did, describing it as “the proudest moment of [his] life.”

The defense argued the abuse by his father and his brother’s earlier suicide led to him killing his father.

The appellate court also rejected the defendant’s argument of ineffective legal counsel and that the sentence was unduly harsh.

 

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