An appeal by convicted murder Daniel Pelosi for a new trial in the case of the bludgeoning death of a wealthy East Hampton financier in 2001 was denied on Wednesday, May 7. The appeal was based on claims that the prosecutor in the case made disparaging remarks about Mr. Pelosi during his murder trial and swayed the jury against him.
“There is no merit to the defendant’s contention that the Supreme Court should have dismissed the indictment on the ground that the grand jury proceeding was defective,” the Supreme Court of the State of New York Appellate Division decision states.
The appeal, filed in August 2013 by Manhattan attorney Richard Mischel, sought to vacate Mr. Pelosi’s conviction and asked for a retrial based on prosecutorial misconduct. It stated that the jury was prejudiced against Mr. Pelosi by then-assistant district attorney Janet Albertson in her questioning and summation during the five-week trial in a Riverhead courtroom more than a decade ago.
But the appellate court disagreed.
“In fulfilling our responsibility to conduct an independent review of the weight of the evidence, we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor. Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence,” the decision continues.
Mr. Pelosi was convicted in 2004 of killing Ted Ammon, the husband of his girlfriend, Generosa Ammon. Mr. Ammon was repeatedly shocked with a stun gun and bludgeoned to death in the bedroom of his Middle Lane home in East Hampton Village in October 2001. He and Ms. Ammon were in the middle of a divorce.
“I am pleased that the Appellate Division agreed with the jury that Daniel Pelosi murdered Ted Ammon,” said Suffolk County District Attorney Thomas Spota. “Moreover, the court completely rejected all of the defendant’s arguments on appeal and determined his trial was fair in all respects. Mr. Ammon’s family has been notified.”
Mr. Pelosi, of Center Moriches, was sentenced in January 2005 to 25 years to life in prison, which he is currently serving in Great Meadow Correctional Facility in Washington County. He will be eligible for parole in 2031.