Kusminsky refused to disclose any details regarding the murder weapon and said that the preliminary results from Gaffney’s autopsy were on his desk. The final toxicology results on Gaffney are still pending, though Kusminsky stressed that since the killing was not suspected to be drug-related, there was no rush put on that report. As to Tyler’s own toxicology screen, Kusminsky once again refused comment.
Kossover recuses self
Gaffney is the younger sister of local attorney and former Ulster County assistant public defender Daniel Gaffney, who refused comment on his sister’s death. Ulster County Public Defender Andrew Kossover has recused himself from the case; he was out of town this week and unable to be reached for more details on why. Carnright said Albany attorney Michael Jurena has been assigned Tyler’s case and represented him in the preliminary hearing held Tuesday, Dec. 27 in Hurley Town Court. Tyler is being held without bail at the Ulster County Jail on a charge of first-degree murder; a grand jury is expected to be convened in early January. County Assistant District Attorney Kevin Harp handled the preliminary hearing for the prosecution, said Carnright. New York Penal Law states that a first-degree murder charge can be lodged if “the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, burglary in the first degree or second degree.” If convicted, Tyler could face a life sentence without possibility of parole.
According to published reports, the house has come under fire by neighbors and town officials for allegedly housing violent sex criminals and for alleged building code violations. Town of Hurley Building Inspector Glenn Hoffstatter refused to comment this week on how many violations existed and whether they had been resolved.
Gaffney’s own past was not without trouble. According to published reports, Gaffney was charged in 2010 with welfare fraud and offering a false instrument for filing, both felonies.
And to think, the Elizabeth Manor in Kingston is just as full of convicted felons and its about 100 ft away from GW school!