Annapolis man to face third murder trial in 1994 slaying of woman Jury deadlocked on charge this week

October 01, 1997|By Andrea F. Siegel | Andrea F. Siegel,SUN STAFF

Anne Arundel County prosecutors decided yesterday to pursue a murder charge for a third time against Richard E. Janey, 34, after a Circuit Court jury failed to reach a verdict Monday on a second-degree murder charge.

Janey, who lives in the 100 block of Obery Court in Annapolis, is accused of the December 1994 killing of Susan McAteer, 29, of the first block of Southgate Ave. in Annapolis.

Despite the hung jury on the charge of second-degree murder, Janey was convicted on charges of malicious burning of a car, conspiracy to burn the car and being an accessory after the fact to murder. He was acquitted of conspiracy to murder.

In deciding to bring murder charges against Janey again, Assistant State's Attorney Frederick Paone said, "I am going to do my best not to allow him to get away with murder."

At his first trial, in 1995, Janey was acquitted of first-degree murder but was convicted of second-degree murder and other charges. Those convictions all were thrown out on appeal.

Paone said that in the second trial, which ended Monday, he was hampered by an appellate court's ruling that the jury should not be told of Janey's prior conviction for beating McAteer.

Janey's lawyer, assistant public defender Nancy Cohen, said prosectors had "messed up the first time."

"Clearly, I would be happier if the state would be satisfied with what they have. But I certainly will be in there fighting for Mr. Janey," she said of the decision to pursue the charge of second-degree murder again.

She said defense attorneys did not blame a ruling by Anne Arundel County Circuit Judge Clayton R. Greene Jr. when they failed to win an acquittal Monday on the most serious charge against Janey.

Cohen wanted two witnesses to testify that Wanda Hall, 33, the other person accused in the slaying of McAteer, had admitted stabbing the victim 58 times. Greene ruled the third-party testimony inadmissible.

Hall, who lives in the 1000 block of Bay Ridge Road, is serving 14 years in prison after pleading guilty to being an accessory after the fact to the murder, malicious burning of the car and unauthorized use of a motor vehicle.

Pub Date: 10/01/97

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