Updated 05/14/2012 06:25 PM
Oxley plans to file claim against state
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ST. LAWRENCE COUNTY, N.Y. -- Wayne Oxley isn't finished in the court system yet, according to one of his previous attorneys. Oxley is planning to file a notice of claim against the State of New York for more than $13 million.
Oxley was charged with the brutal murder of Bernard Trickey Jr. in 2005. Trickey was beaten to death with a baseball bat in his home in Ogdensburg.
Oxley was convicted in 2006, but the conviction was overturned. His second trial ended in a hung jury and at the end of his third trial in February, he was found not guilty.
Oxley says in his notice of claim that he is seeking damages for emotional and physical pain and suffering, wrongful imprisonment for over two-and-a-half years and lost wages.
The attorney who handled Oxley's first trial appeal says he believes this notice of claim is justified.
"Was there probable cause to arrest, indict and prosecute him? Looked at one way, you could say yes, but looked at another way, a little bit deeper, one could certainly make a reasonable argument that there wasn't probable cause to arrest, indict and prosecute him, especially when things began to come to the surface," said Lawrence Gray, Oley’s previous attorney.
According to Gray, Oxley has yet to file the notice of claim or hire any legal counsel, but plans to do so soon.