Appellate division issues Trappler ruling
ALBANY--The New York state Third Judicial Department of the Supreme Court Appellate Divison "affirmed" the conviction of Alice Trappler in a document that was decided and entered, Thursday, June 13. Trappler was convicted of murder in the second degree (two counts), burglary in the first degree, burglary in the second degree and conspiracy in the second degree at Schuyler County Judge Dennis Morris's court in 2013.
Schuyler District Attorney Joseph Fazzary attended the proceedings at the end of April earlier this year. Five judges heard the appeal.
The six-page court decision summarized the case as follows:
"On Nov. 2, 2011, defendant gave birth to a child fathered by her ex-boyfriend, Daniel Bennett (hereinafter the victim). Defendant was opposed to the victim having any contact with the child and so confided in her ex-husband, Thomas Borden. On the evening of April 19, 2012, Borden and his stepbrother, Nathan Hand, went to the victim's residence, where Borden entered the home and fatally shot the victim using a 12-gauge shotgun. Two days later, while being pursued by police in Pennsylvania, Borden jumped in front of a commuter train and was killed. After being taken in for questioning, Hand admitted that he was with Borden and aided him in killing the victim.
In June 2012, [the] defendant was charged in a five-count indictment with two counts of murder in the second degree, burglary in the first and second degrees and conspiracy in the second degree, all based on a theory of accessorial liability in the shooting of the victim. After a two-week jury trial, defendant was convicted as charged."
The court papers detailed the evidence against Trappler, including text messages, records of purchases such as ammunition, a file used to remove a serial number and a shovel to bury the shotgun.
The full report can be seen at http://decisions.courts.state.ny.us/ad3/Decisions/2019/106227.pdf.