Published: July 17, 2008 08:53 pm            

COURTS: Separate trial for Osborne rejected

Accused killer will face a a jury with co-defendent in Paige murder case

Paul “Young Money” Osborne will not get his wish and will stand trial for the murder of Donald Paige with his co-defendant Brandon “RATT” Dennis.

Niagara County Court Judge Sara Sheldon Sperrazza denied a motion Thursday by Osborne’s attorney to sever his trial from Dennis’ on the grounds that there are conflicts of interest. The judge then moved Osborne’s trial date from Sept. 8 to Oct. 14 to coincide with Dennis’ trial date.

Sperrazza’s ruling means both defendants will be tried by a single jury.

Osborne’s lawyer, Public Defender Matthew Pynn had argued that his client could not get a fair trial if he faces the same jury as Dennis.

“There are statements by a police informant (allegedly made by Dennis) that may be incriminating to my client,” Pynn argued.

He had also argued that his strategy at trial would be “antagonistic” with the strategy of Dennis’ defense attorney. Pynn said separate trials would resolve the conflict.

“If one defendant is going to say, ‘I didn’t do it, but he did.’ and the other defendant (does the same), bad things can happen,” Pynn said.

However, Dennis’ defense counsel, Angelo Musitano has said he sees no conflict in the joint trial.

Osborne, 21, No. 10 Seventh St., Apt. 421, Buffalo, faces two counts of second-degree murder and one count of first-degree robbery in the August slaying of Paige in the driveway of his 21st Street home.

Dennis, 21, of various addresses, who also uses the name James Funderburk, is charged with second-degree murder, first-degree robbery, second-degree assault, first-degree criminal use of a firearm and second-degree criminal possession of a weapon. He also faces drug possession charges in Buffalo, because he had a quantity of crack cocaine in his possession when he was arrested by members of the Western New York Violent Felony Warrant Task Force in March, after almost seven months on the run.

Paige was ambushed Aug. 23 by two men and then shot and killed during a struggle with his assailants. His sister was also wounded in the attack.

Investigators said Paige and a friend had just returned from shopping and getting Paige’s SUV washed, when Osborne and Dennis showed up. Paige had gone inside the home while his friend remained in the vehicle in the driveway.

Detectives believe Osborne and Dennis got into the back seat of Paige’s SUV, armed with a MAC-10 and a semi-automatic handgun, and then robbed Paige’s friend of some cash, his ring and a cell phone.

After hitting the friend in the head with the MAC-10, Osborne and Dennis then got out of the vehicle and confronted Paige.

“Both the (gun)men got out of the car and they trapped Paige between the car and the house, which is a space of about 3 feet,” Falls Police Detective Capt. Ernest Palmer said at the time. “A struggle ensued and that commotion brought other people out of the house.”

The struggle also left Osborne’s fingerprints on Paige’s freshly washed SUV.

“Because the car had just been washed, we were able to pull those prints off the car and they were fresh prints,” Palmer said.

Investigators, who had been struggling to find leads in the case, were able to match the fingerprints taken from Paige’s SUV with Osborne’s prints in a criminal records data base.

After being charged with murder, Osborne told detectives, “I didn’t kill nobody. I know Little Donnie (Paige), but I was not on that scene. A lot of people in Buffalo know Donnie. You did not get my prints. I was not there. I buy weed off of Donnie.”

Osborne has been described by law enforcement sources as a “player” in the local drug trade.

        

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