James Krauseneck conviction erased and Brighton ax murder case is over. Or is it?
James Krauseneck Jr. on Monday had his murder conviction for the locally notorious "Brighton ax murder" officially erased — months after his death and more than a year after he was found guilty by a jury for the 1982 homicide of his wife.
It was not new evidence that led to the reversal of his conviction. Nor was it a successful appeal of legal or evidentiary questions.
Instead, Krauseneck's indictment was dismissed and his conviction reversed by state Supreme Court Justice Charles Schiano Jr. Monday simply because Krauseneck, 71, died in prison while an appeal was pending. Under a centuries-old principle commonly called the "abatement doctrine," individuals who die with undecided appeals can have the charges and convictions tossed out.
In September 2022 a jury found Krauseneck guilty of murdering his wife, Cathleen. The case against Krauseneck was entirely circumstantial. Jurors determined that he had badly tried to stage a burglary to make it look as if someone else killed his wife with a single ax blow to the head.
Schiano in November sentenced Krauseneck to 25 years to life.
Jim Krauseneck conviction tossed
On Monday Schiano in open court officially took the steps to toss out Krauseneck's conviction. He also, at the request of Krauseneck's defense team, agreed to have $25,000 in bail money returned to Krauseneck's family.
In keeping with a four-decade-old murder case, and one that did not lead to Krauseneck's arrest until 2019, the case is not completely over — even with Krauseneck dead and no longer guilty.
Instead, his defense team and family have asked the state Court of Appeals to consider an appeal that Krauseneck said, before his death in May of esophageal cancer, he wanted pursued. He did not want his conviction erased solely by reason of his death. He wanted to be exonerated by consideration of the case.
"To date, Jim Krauseneck has been shut out from any review of his trial," his attorney, William Easton, said in an earlier interview. "No court has examined the delay of his trial and the insufficiency of the trial evidence."
The District Attorney's Office has supported the posthumous dismissal of the appeal. This has created a scenario atypical in criminal cases like this: Oftentimes, crime victims and prosecutors haven't wanted a conviction thrown out after the death of someone convicted of a crime, while the family of the accused supports the legal move.
In this case, however, Krauseneck's lawyers have contended that, before his death, he had legitimate appellate issues that could have led to a reversal by appellate judges. They argue that prosecutors and police let the case lag for nearly 40 years before his 2019 indictment, leading to an unfair trial. Witnesses died and suspects were ignored during those decades, the lawyers say. These issues should be heard at an appeal, the lawyers maintain.
"It's pretty obvious the DA wants to avoid the merits at all costs," Easton said earlier.
The DA's office maintains that multiple "abatement principle" precedents in New York mandate the steps Schiano took Monday.
"As officers of the court, we have an obligation to follow the law as set down by the Court of Appeals," the district attorney's office said in a statement this year. "The Court of Appeals has made the law regarding this issue crystal clear. Whether we agree with that law or not, we are required to follow it, and that is what we are doing."
Before the trial Schiano ruled that the decades between the murder and arrest would not taint the trial. Some records related to the crime were read into the record since the witnesses or those who created the records were dead.
NY's highest court to weigh in on Krauseneck case
A regional appellate court has already ruled that Krauseneck's posthumous appeal can not be considered.
In a brief July 21 order, the court ruled that Schiano, who presided over the criminal case, should now "vacate the judgment of conviction and dismiss the indictment." An appeal cannot continue because of Krauseneck's death, the court ― the Fourth Department, Appellate Division of State Supreme Court ― determined with its order.
That order led to Monday's actions by Schiano.
The Court of Appeals, New York's highest court, could decide that the Fourth Department erred and the appeal should be considered. If so, the arguments would return to the Fourth Department.
"As he lay dying in prison Mr. Krauseneck participated in the preparation of his (appellate) brief," Easton wrote in papers filed with the Court of Appeals. "All he seeks after his death is a ruling that the prosecution must answer his brief with a brief of their own. And then for the intermediate appellate court to issue a decision on the merits fully informed of the facts of the case and the legal arguments raised.
"That is a modest goal, but monumental to Mr. Krauseneck, his family and the community as a whole."
The Court of Appeals could also deny the request for a new appeal, which would likely bring the case to a true conclusion.
Netflix movie on the Brighton ax murder, more
The homicide has to date been the foundation of three true-crime episodes on television and the basis of a novel that in turn became the basis of a Netflix movie.
Particularly disturbing was the fact that the Krauseneck's 3⅟₂-year-old daughter, Sara, was home with her mother's corpse for much of the day before James Krauseneck returned home and found the body.
Prosecutors accused him of murdering Cathleen before he left in the morning for his job as an economist at Eastman Kodak Co. Sara has supported her father, who always maintained his innocence.
Two retired journalists who wrote of the case in its early days have also been working on a book about the case. Some of their research and writing can be found at krauseneck.com.
Past coverage of the Brighton ax murder
2016: The ax murder case revisited
From May, 2016: Brighton cops tackle unsolved ax homicide
2019: James Krauseneck arrested
From November, 2019: What we know about the 1982 Brighton ax murder and James Krauseneck's arrest
From November, 2019: Sister of Brighton ax murder victim speaks out: Family will see 'justice for Cathy'
From November, 2019: Famous forensic pathologist to testify in Brighton ax murder trial
From December, 2019: Father determined to see justice done for his daughter 38 years later
2020: Details emerge in the ax murder of a Rochester mom
From January, 2020: James Krauseneck's 1982 police statements reveals new details of wife's homicide
From March, 2020: Prosecution argues time of death undermines husband's Kodak alibi
From June, 2020: Killer Ed Laraby said he killed Cathy Krauseneck, husband's defense team want files unsealed
2021: The case against James Krauseneck is built
From April 2021: Brighton ax murder, subject of novel, to be adapted as Netflix film
From June, 2021: Brighton ax murder: 'We only get one chance at this,' prosecutor says
From June, 2021: Brighton ax murder hearing brings a parade of retired cops, prosecutors
From December, 2021: Electric blanket emerges as point of contention in Brighton ax murder
From December, 2021: Officer tussled with Krauseneck at scene of Brighton ax murder in 1982, court hears
2022: The ax murder trial and verdict
From July, 2022: Judge allows evidence suspect's wife found out he lied about Ph.D.
From September, 2022: Is the evidence 'common sense' or 'illusion'? Jury to decide in Brighton ax murder trial
From September, 2022: 'Tale of two stories': Brighton ax murder trial opens with examination of 'unusual' burglary scene
From September, 2022: Four decades after crime, a husband convicted in Brighton ax murder
From September, 2021: James Krauseneck jury foreperson talks about the verdict
From November, 2021: James Krauseneck sentenced to 25 years to life in Brighton ax murder case
2023: James Krauseneck falls ill, dies
From March, 2023: Brighton ax murderer James Krauseneck diagnosed with late-stage cancer
From May, 2023: James Krauseneck, convicted of Brighton ax murder, dies in prison
From May, 2023: Unusual twist in Brighton ax murder case: James Krauseneck appeals conviction from beyond the grave
From June, 2023: Lingering ax murder question: What are the rights of the dead?
— Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. You can reach Craig at gcraig@rocheste.gannett.com. He is the author of two books, including "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."
This article originally appeared on Rochester Democrat and Chronicle: Brighton ax murder: James Krauseneck case erased, but is it over?
