Updated 06/16/2010 05:53 AM
Third arrested made in 2002 double murder
Police have made a third arrest in a 2002 double murder. Michael Mosley, 31, of Wynantskill, now faces two counts of second degree murder. The two other men already indicted for the crimes say this arrest means they'll be vindicated before even facing a trial. Our Britt Godshalk met with prosecutors and defense attorneys to discuss the case.
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TROY, N.Y. -- "They don't know each other. There's never been any connection," said trey Smith, Terrence Battiste's lawyer.
"He does not know who this man is," said Fred Rench, Brian Berry's lawyer.
Still, their two clients, Terrence Battiste and Brian Berry, now have at least one thing in common with Michael Mosley: Murder charges in the deaths of 18-year-old Arica Schneider and her boyfriend, 26-year-old Samuel Holley back in 2002.
During pre-trial hearings for Battiste and Berry, indicted in 2007, a witness testified that she saw three men leaving the victims' apartment complex the night of the murders.
"Our forensic expert suggested that it was a single attacker," Rench said.
Blood doesn't lie. DNA doesn't lie. People lie," Smith stated.
One person's blood, besides the victims, was found at the scene and was matched to Mosley after his DNA was entered into the database last December. A match discovered eight years after the murders and just days before Battiste's trial was to begin.
"The arrest is a godsend," Rench said. "We've all been praying for this for some time. Mr. Berry has always maintained his innocence. The evidence against him has been slim at best."
"This case demonstrates the danger of police pressure producing unreliable evidence. Which led to the wrongful indictment of Terrence Battiste and Brian Berry," Smith said.
Since the murders, Battiste and Berry have both served federal prison time after admitting to robbing drug dealers in connection with a gang known as the Stick Men. If the indictment is tossed, Battiste would be eligible for release to a half way house immediately. Berry would be up for release in November.
We asked Rensselaer County District Attorney Richard McNally if prosecutions against Battiste and Berry will indeed cease.
"I really can't comment on that," McNally said. "We will meet with the attorneys for Mr. Battiste and Mr. Berry. We will proceed accordingly and will let the process play out."
"I'm confident that the outcome of the process will be freedom for Mr. Battiste and Mr. Berry," Smith said.
"No trial?" our reporter asked.
"No trial," Smith replied.
For now, the three trials will happen separately. Battiste to go first. His trial is set to begin in September.