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Bodah cannot take back his plea
MURDER CASE: Judge says defendant got proper legal advice
By JAMES R. DONNELLY
TIMES STAFF WRITER
TUESDAY, MAY 13, 2008

CANTON — A Gouverneur man's claim that he pleaded guilty to murdering his wife because of faulty advice from his attorney has been rejected by a judge.

St. Lawrence County Judge Jerome J. Richards, in a ruling filed Monday, denied Michael W. Bodah, 33, permission to withdraw his guilty plea. Attorney Richard V. Manning, Parishville, who represents Bodah, said he will seek permission to appeal the judge's ruling.

Bodah pleaded guilty in February 2007 to second-degree murder. He admitted killing his wife, Renea L. Bodah, 27, by slashing her throat Dec. 28, 2006, and he was sentenced to 20 years to life in state prison. Alleging he had been improperly advised by former St. Lawrence County Public Defender Michael G. Bass, Bodah asked permission to withdraw the plea in order to negotiate a new plea agreement or go to trial.

Judge Richards, who held a hearing on Bodah's request May 5, found Mr. Bass had properly outlined Bodah's plea options. They included the sentence he received after pleading guilty to murder as well as potential sentences ranging from five to 25 years in prison if he was found guilty of manslaughter.

Bodah testified during the hearing that Mr. Bass told him he could expect a 25-year sentence if convicted of man-slaughter, potentially five years longer than he had been promised in return for a plea of guilty to murder. He said he was not told the sentence for man-slaughter could have been as short as five years.

The judge, in a four-page decision, ruled Mr. Bass provided proper advice, which Bodah acknowledged when he pleaded guilty.

The judge also rejected a claim that Mr. Bass erred by failing to disclose the results of a psychological examination of Bodah by Dr. Thomas A. Lazzaro, Syracuse, who concluded Bodah might have been acting under extreme emotional distress when he killed his wife.

"Nothing in the record or the hearing testimony suggests that the court's sentencing commitment would have been any different if the court had read the Lazzaro report," the judge wrote.

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