Expert witness’ credibility questioned in counselor slaying case

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July 28, 2010

By Britney Milazzo Niagara Gazette The Niagara Gazette Wed Jul 28, 2010, 01:12 AM EDT

LOCKPORT — The defense attorney in the case against Anthony J. Allen — accused of murdering a group counselor on East Avenue last year — has until Aug. 23 to prove the prosecution’s expert witness is not a credible source.

Expert witness Dr. James J. Woytash, a forensic pathologist, deemed the cause of Renee Greco’s death as “massive cranial blunt force trauma,” Deputy District Attorney Holly E. Sloma said.

But according to Allen’s attorney E. Earl Key, Woytash has changed his opinion in other cases, which has led to a dismissal of charges.

Sloma asked Niagara County Judge Sara Sheldon Sperrazza to limit, or not to allow Key to cross-examine Woytash on anything outside of his work on the Greco case.

Sperrazza said she will deny the motion if Key provides an “offer of proof” — simply, examples — from his side that the expert is not a “reliable” witness.

Sloma also said Tuesday that she would provide photos of Greco after the homicide to help prove cause of death at trial after Key called her expert witness’ past testimonies “faulty conclusions.”

Allen is due back in court at 9 a.m. Aug. 13 for a final pre-trial conference.

Allen, 19, of Rochester, faces murder charges after police said he and former co-defendant Robert J. Thousand used a household to beat the victim.

Thousand, 18, also of Rochester, pleaded guilty in June to manslaughter. The plea deal was offered in exchange for Thousand testifying against Allen.

Thousand faces up to 25 years in prison at sentencing in October.