WNYT.com

Callicut appeals murder conviction

Posted at: 10/09/2012 11:44 AM
Updated at: 10/09/2012 5:16 PM
By: John McLoughlin

ALBANY -The parents of a murdered UAlbany student traveled to Albany from their Long Island home Tuesday afternoon to watch as the attorney for the guman asked an Appeals Court to reverse the first degree murder conviction.

James and Lisa Bailey, sat very quietly as the attorney for the gunman argued that, even though his client pressed the gun directly to the skull of their son, 22-year-old Richard Bailey, there is no proof that he intended to murder him.

The attorney for Devon Callicutt argued that the judge should have tossed out the letters that Callicutt sent from jail to girlfriends in which he admits killing young Bailey, his attorney says the letters referred to a confession given to cops without a lawyer present, and therefore were also inadmissible

NewsChannel13’s John McLoughlin reports that the judges did not seem very receptive to his lawyers reasoning, and judges seemed, at times, almost dismissive of Callicutt's case

District Attorney David Soares says he doubts the Appellate Division will buy the argument about lack of intent.