MAYVILLE - The retrial of Ingvue "Pete" Buchanan will begin today with the defendant representing himself.
Chief Court Clerk Kathy Krauza said Monday that Buchanan's defense attorney Louis Rosado has been dismissed.
Buchanan was convicted in 2000 of the November 1998 second-degree strangulation murder of Alysha Barksdale, a 14-year-old Dunkirk resident who allegedly stole $400 worth of marijuana from him. He was sentenced to 25 years to life by Judge John Ward.
Buchanan's retrial came as the result of a 6-1 decision by the New York Appeals Court ruling that his being required to wear a stun belt during the first trial in 2000 was not warranted.
The Appeals Court decision noted that a stun belt may not be used to restrain a defendant in a criminal case without a finding of specific facts justifying the use of such a restraint.
His successful case before the Appeals Court was argued by Buffalo attorney Thomas Theophilos.
Now, Buchanan apparently believes he is capable of representing himself in the retrial.
According to district attorney David Foley's office, he will not have an attorney at his side to advise him.
Assistant district attorney Tracey Brunecz with attorney Derek Gregory as second chair will be presenting the prosecutor's case.
Buchanan, represented by Joseph Taranova, a court-appointed attorney, appeared before Judge Richard Kloch Sr. in an Oct. 27, 2009, bail hearing, asking that his bail be reduced from the original $250,000 cash or $500,000 property bond bail to $50,000. There was a woman in court ready to post the $50,000 bail, had Buchanan's request been approved.
During the hearing, Buchanan continually interrupted Judge Kloch, saying he never hired Taranova, protested the court assigning him as a defense council and wanted to represent himself.
"You are forcing someone on me and I think I should be allowed to handle my defense myself," Buchanan told the judge back in 2009.
Taranova told the judge he has had business-like meetings with Buchanan in jail and has provided him with records of the first trial he has requested.
Regarding the lowering of the bail, Buchanan said he has never failed to show up for a court date.
"If you want, I will report to the police department every day," he said.
Brunecz said given the fact that he faces another sentence of 25 years to life, Buchanan is a flight risk.
To that Buchanan said bail isn't meant to be used as a ransom.
Judge Kloch said the defendant's behavior in court is an indication he doesn't respect the authority of the court. He refused to lower the bail and also refused his request to represent himself.
That is no longer the case since Buchanan fired his second court appointed attorney Louis Rosado and will be representing himself in the trial scheduled to begin today.
