Husband Had Been Found Guilty
17 Years After Wife Was Run Over
By LIBBY CUDMORE • Special to www.AllOTSEGO.com
COOPERSTOWN – Casey Callahan’s 2017 conviction for murder in the second degree in the 2000 killing of his wife, Elizabeth Callahan, has been overturned by the Appellate Division, Third Department, according to a decision announced Friday.
“Because the evidence of the defendant’s guilt was not overwhelming, there must be a new trial,” the decision read.
The defendant, Callahan, challenged Amanda Travis’ testimony that she saw him abuse her aunt as “beyond the scope of the Molineux application” because the prosecution requested to offer proof of verbal and emotional abuse by Callahan, but Travis also testified to witnessing him kick Elizabeth in the stomach.
“As such, the niece’s testimony, some of which was hearsay, exceeded the scope of the People’s Molineux application and deprived the defendant of a fair trial,” the ruling read.
Although no objections were made to Travis’ testimony by the defense during the trial, the judges still acknowledged that her testimony was unfair to Callahan. “Despite this infirmity, we deem it appropriate under the particular circumstances of this case to exercise in the interest of justice jurisdiction and reverse the judgement.”
“This ruling was made ‘in the interest of justice,'” said District Attorney John Muehl. “But their interest of justice is for a murderer, not a victim.”
Muehl has not yet decided whether he will seek a new trial. “At this point, we’re still looking at options,” he said.