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Monday, 15 July 2013 13:53

Statements Made By Paul Admissable at Trial

By Staff Report | News

BALLSTON SPA — Statements made to police by Joey Paul in the shooting death of her boyfriend will be allowed to be entered as evidence during her upcoming trial. Joey Paul, 29, is accused of shooting her unarmed boyfriend, 28-year-old Matthew Furlani at point blank range in the back of the head July 1, 2012. Furlani had been sleep in his bed in the Church Street, Schuylerville apartment. She pled not guilty in February to the murder. 

She is charged with second-degree murder, second-degree manslaughter and criminal possession of a weapon, felonies. If convicted, Paul could receive 25 years to life in prison.

Saratoga County Court Judge Jerry J. Scarano ruled that all statements made by Paul after the shooting will be admissible at her trail. He also ruled to allow prior acts of violence toward the victim Paul had done including hitting in the head with a lamp while he slept, a domestic violence incident in which both parties had scratches and bruises and of numerous accounts of Paul threatening to kill the victim. He would not allow past acts of violence to a previous boyfriend be admitted. 

The judge found that the New York State Police provided Paul with her Miranda warnings, that she understood her rights and that she voluntarily waived her rights. He also allowed the prosecution to offer at trial her spontaneous statements that she made at the crime scene to officers prior to Miranda.  The District Attorney's Office declined to release what she actually said, but Saratoga County District Attorney James Murphy III said the actual statements will be released in detail at the time of the trial. 

In the Molineux decision, the judge denied the prosecutor the ability to tell the jury that the defendant had previously shot a third party with a BB gun twice from 15 feet away while holding the gun at him at eye level.  She also stabbed the third party and hit him with a 20 pound weight. 

The DA’s office argued during the hearing that the reason why they wished to use the incidents of violence from a prior relationship was because while Paul claims the shooting was "an accident," previous acts of violence would demonstrate that Paul “has a familiarity with firearms and demonstrates a lack of mistake or intentional conduct.”

The judge felt the information would be too prejudicial to the jury. 

The Judge permitted the prosecution to discuss at the upcoming trial that the defendant hit the victim in a previous instance in the head with a lamp while he was sleeping. He also will permit the prosecution to enter into evidence testimony regarding a previous incident when Paul and the victim got into a physical altercation when the victim asked the defendant to leave his residence, similar to the incident in the indicted pending case. 

Paul’s trial is set for August 12. 

"We are pleased with the judge's ruling and Assistant DA Lyn Murphy is prepared to go forward on August 12,” said Murphy. “While nothing will bring back Mr. Furlani, the People look forward to seeking justice on behalf of him and his family by providing to a trial jury the facts and circumstances surrounding his alleged murder."

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