Judge voids tape in fatal stabbing case

Other statements by defendant allowed

By Steven Cook
Gazette Reporter

March 5, 2002
FONDA - The Glen man accused of stabbing his mother to death last year had the right to have an attorney present when police tape-recorded a statement from him following his arrest, a Montgomery County judge ruled on Monday.

The decision by Judge Felix Catena bars use of the audiotape at the trial of Howard Owens this week in county court.

Catena found, however, that other statements allegedly made by Owens to state police were admissible. Those statements included Owens' alleged admission to the murder of his mother, according to pretrial hearing testimony.

The contents of the tape were not available Monday, and it was unclear how the absence of the tape would affect the prosecution's case.

Owens, 47, of 3295 Route 30A, is standing trial this week on two counts of second-degree murder and one count of third-degree criminal possession of a weapon.

Owens is charged in the fatal stabbing of his mother, Frances Friers, 73, whose body was found May 21, 2001, in the basement of the home she shared with her son.

Owens' attorney, William Martuscello, had sought suppression of evidence found at the home, along with the taped statement and comments Owens allegedly made without prompting to Trooper Joseph Longobardo while waiting to be interrogated.

In his ruling, Catena noted that a felony complaint had been filed against Owens the day before he was arrested. Owens led law enforcement on a five-day manhunt through Glen and Charleston before his arrest on the murder charges.

The filing of such a complaint meant that Owens could not waive his rights and speak to police without an attorney present. No attorney was present for the taped interrogation.

"The right to counsel was attached," Catena said from the bench. "He could not waive his rights without an attorney present."

Evidence found at the home, including the knife allegedly used to stab Friers, was not thrown out. Catena ruled a search warrant was properly obtained.

Other statements troopers have testified Owens made were admissible, Catena said, because those were made without prompting by troopers.

Trooper William Carraher, who helped arrest Owens on May 26, testified at a hearing Feb. 1 that Owens asked him to shoot him, and that Owens said "I did a terrible, bad thing and deserve to die."

Another trooper, Joseph Longobardo, testified in a continuation of the same hearing last week that Owens said to him "I can't believe I did it. I deserve to die."

Owens' trial is scheduled to begin today with opening statements and is expected to last into next week.

If convicted, Owens faces up to 32 years to life in state prison.

Posted July 13, 2002