The case of a Romulus man accused of killing two people on a motorcycle in 2015 is heading back to Seneca County Court.
In a decision filed Friday, the Fourth Judicial Department of state Supreme Court’s Appellate Division ordered that the case of Earl Wilson be remitted to Seneca County Court for further proceedings.
In 2016, Wilson was sentenced by county Judge Dennis Bender to 15 years to life in prison after pleading guilty to two counts of vehicular homicide and manslaughter, as well as felony driving while intoxicated. The charges stemmed from a Sept. 16, 2015, crash on Route 96A in Fayette that claimed the lives of Steve Lester of Manchester and his girlfriend, Patty Perryman of Canandaigua.
Wilson later tried to withdraw his plea, claiming his attorney at the time — Assistant Public Defender John Nabinger — coerced him into pleading guilty. Wilson claimed he asked Nabinger for the autopsy and toxicology reports for Lester but didn’t get them until after his guilty plea.
Wilson’s appeals attorney, J. Scott Porter of Seneca Falls, and Seneca County District Attorney Barry Porsch made oral presentations before the appellate court last November. Porter argued that Wilson, when he pleaded guilty, was “dimly aware” Lester was intoxicated and tested positive for marijuana use but did not have the toxicology results after repeatedly asking for them.
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