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Apr 14, 2010 3:56 PMPublication: The Southampton Press

Oddone sentencing is on for Wednesday

Apr 14, 2010 3:56 PM

A judge has denied a motion by Anthony Oddone’s attorney to set aside the guilty verdict against him, and sentencing was expected to proceed on Wednesday morning as scheduled.

Mr. Oddone, 27, faces between seven and 25 years in prison for the killing of Andrew Reister, an off-duty prison guard working part-time as a bouncer at a Southampton Village bar in August 2008. After a two-month trial he was acquitted in December of second-degree murder but convicted of first-degree manslaughter.

Sentencing was scheduled for 9:30 a.m. Wednesday morning in the Arthur M. Cromarty Criminal Court building in Riverhead.

Judge C. Randall Hinrichs on Monday issued a ruling on the motion made by defense attorney Sarita Kedia to set aside the verdict, on the grounds that jury misconduct and outside influences deprived Mr. Oddone of a fair trial. She 
also claimed that some testimony presented by the prosecution 
was improperly allowed to be heard.

Ms. Kedia claimed that the arrest of a juror’s son the weekend before the verdict was issued influenced that juror’s vote. The juror, Francis Oka, was the lone holdout for a not guilty verdict on the manslaughter charge going into the weekend before the conviction. She changed her vote to guilty late on Monday afternoon, December 14.

Ms. Kedia also claimed that the conduct of another juror, Tammy Buckley, who complained to one of the alternate jurors about Ms. Oka’s stubbornness on the manslaughter charge, had disobeyed the judge’s orders not to discuss the jury’s deliberations with anyone outside the jury room.

Judge Hinrichs rejected both arguments. He said in his decisions, as he had said in the courtroom when Ms. Kedia raised similar complaints about Ms. Buckley’s conduct during deliberations, that the advanced stage of the trial did warrant dismissing Ms. Buckley and installing a new juror into the deliberations. He said that if Ms. Oka had concerns about her ability to deliberate fairly, she could have and should have told the judge.

Ms. Kedia could not be reached for comment on Tuesday. After the conviction she said she would file an appeal on Mr. Oddone’s behalf. No appeal has been filed yet.

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Thanks Michael for the continuing great coverage of this trial. Thank you to the Press for supporting this online coverage of events.
By PBR (4956), Southampton on Apr 13, 10 6:20 PM
1 member liked this comment
By ELECTRICUTIONER (65), east islip/montauk on Apr 14, 10 1:04 PM
Sad day for the Reister family to have to re-live this whole tragedy. Once again this animal showed his true colors by not taking responsibility for his actions and apologizing to the Reister family. God bless Stacy and her family, and I hope the lord can give the Oddone family the strength to get through the next 22yrs.
By porter (17), shoreham on Apr 14, 10 1:26 PM
He did apologize to Mrs. Reister the day he was convicted. He told her he was sorry. That one word says it all. It doesn't change what happened but it does show that he understands and accepts responsibility for what he did.
By pstevens (406), Wilmington on Apr 14, 10 2:02 PM
Talk is cheap. "I'm sorry" can't begin to make up for what he did. Of course he's sorry; he's sorry he's going to prison for 22 years.
By Spelling Cop (22), Southampton on Apr 14, 10 2:03 PM
May his family find peace in this somehow and may Mr. Oddone understand the consequences for his actions. I feel for him and his family as well, but we all should think twice before we escalate to violence and the consequences it might bring, whoevers fault you think it was. May the Reister kids never forget their father the way he was and live their lives in peace.
By DOTTS76 (8), HAMPTON BAYS on Apr 14, 10 1:46 PM