Joseph Mlyniec, 60, appeared in Wyoming County Court for the first time since he was arraigned in April. Mlyniec is claiming he was under emotional distress when he shot and killed 32 year old Robert Irvine III on March 7th at his Perry home on Rt. 246.
Mlyniec is facing a second-degree murder charge and a first-degree intimidation of a witness charge after the shooting death.
On Thursday morning, Mlyniec’s attorney, Norman Effman asked Judge Michael Mohun to throw out statements Mlyniec made to police during the early part of the investigation.
Court documents revealed that Mlyniec made admissions to killing Irvine when he placed a 9-1-1 call to dispatchers after he allegedly shot and killed Irvine.
Mlyniec, who is a retired Wyoming County Sheriff’s sergeant, is accused of intentionally obstructing or preventing Irvine from relaying information about allegations of sexual abuse to any court, grand jury, prosecutor of police officer by allegedly shooting him.
Judge Mohun set aside July 17th as the date for a Huntley Hearing which will bring several witnesses to the stand. A Huntley Hearing is a pretrial hearing in New York State that is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant.
The hearing will begin at 9:30a.m.
Judge Mohun hoped to have a report from the doctor who is examining Mlyniec for emotional distress and set a trial date on July 17th.