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Judge rejects bid for stay in Allen murder trial

NEWS STAFF REPORTER

Published:August 31, 2010, 12:00 AM

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Updated: August 31, 2010, 7:23 AM

Jury selection at Anthony J. Allen’s murder trial in the bludgeoning death of a group home counselor is slated to resume Wednesday in Niagara County after a judge Monday refused defense attorneys’ request for a stay.

State Appellate Justice Eugene M. Fahey allowed jury selection to proceed despite defense attorneys’ motions for a change of venue in Allen’s first-and second-degree murder trial.

Allen is accused in the death of Renee C. Greco, 24, a youth counselor for New Directions Youth & Family Services, in a Lockport home for troubled teens June 8, 2009.

Jury selection proceeds again Wednesday before Niagara County Judge Sara Sheldon Sperrazza. She halted the process last Wednesday after defense attorneys E. Earl Key and Samuel P. Davis made their initial request for a change of venue after two full days of jury selection failed to seat a single juror.

Allen’s attorneys fear the heavy media coverage that the slaying of Greco, a Buffalo resident, got in both Erie and Niagara counties has doomed Allen’s chance to get a fair trial.

After a brief session Monday in his Buffalo chambers, Fahey refused to issue a stay to allow the defense attorneys to prepare for a hearing on a change-of-venue motion before the full five-judge Appellate Division of State Supreme Court in Rochester.

Niagara County prosecutors Holly Sloma and Peter Wydysh had strongly objected to the change-of-venue request. They could not be reached to comment Monday, but Key and Davis said the appellate judge felt that two days of attempts to seat a jury was not sufficient time to consider moving the trial to another county.

Fahey denied the request “without prejudice.” The defense attorneys stressed that this means they are legally entitled to renew their change-of-venue effort should further problems develop with jury selection. Key said they understand Fahey’s thinking, “and we’ll see what happens.”

Allen, 19, of Rochester, and Robert J. Thousand were accused of throwing a blanket over Greco at the home for troubled youth, then bludgeoning her to death to hide a theft of $160 from her office two days earlier.

Thousand, 18, also of Rochester, pleaded guilty to first-degree manslaughter and is expected to testify against Allen.

mgryta@buffnews.comnull

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