A judge has denied a motion by the defense to keep statements made to investigators by Joseph Mlyniec, the former deputy and Perry town board member accused of murdering a man in March, out of the trial.
Joseph Mlyniec, a retired sheriff’s sergeant, was arrested in relation to the murder of Robert Irvine III on March 7. Deputies say Mlyniec shot Irvine four times in the driveway of Mlyniec’s home in the Town of Perry.
In court papers, the defense for Mlyniec, who is being held without bail, made a request that certain statements made by defendant be barred from the upcoming trial.
The defense made the motion to remove those incriminating statements because they believed that Mlyniec was the victim of “police deception” due to the fact that he was left in a room with his former colleague, Deputy Sheriff John Button.
The investigation reports state the defendant calmly told the dispatcher that he “shot and killed someone” and to send officers to his driveway. Once deputies arrived at the scene, Mlyniec gave the location of the gun, allowing the investigators to enter his house in order to retrieve it.
While in handcuffs, deputies say Mlyniec did mention the name of his lawyer multiple times and when in police custody, he refused to answer any questions about the incident directly. As a result, deputies avoided asking Mlyniec any questions relating to the shooting of Irvine.
After being brought snacks and a drink, according to court papers, Mlyniec told deputies: “You’re kind as hell, thank you…You’re talking to murderer, you realize.”
Mlyniec tried to maintain a level head, but there were moments when, deputies say, the defendant broke down weeping. When Mlyneic regained his composure, the sheriff’s office writes that he shook his head and told investigators: “Poor Robert. He wouldn’t leave me alone.”
In his decision, the judge ruled that the “spontaneous” statements made by Mlyniec could be allowed as evidence in his trial.
Prosecutors say, before his death, Robert Irvine had confronted Mlyniec and threatened to become a witness in a sexual abuse case against Mlyniec. Investigators say Mlyniec had been accused of sexually abusing “troubled” young men and secretly carrying on relationships with those men.