MAn admits killling in Schenectady

PHOTOGRAPHER: Steven Cook

The video showed one man running after another with a knife, the assailant soon catching up and plunging the knife into the other man’s body.

The victim, attorneys said citing the video, was clearly unarmed. The camera even caught the end of a fist fight that prosecutors said precipitated the killing.

The video, caught on police surveillance cameras, also counted down the nearly eight minutes it took for the loser of that fist fight to leave, change his shirt, grab a knife and return to chase down his victim. The video, along with expected eyewitness testimony, was enough Wednesday for the suspect to plead guilty to murder.

Corey Fallen, 32, of Albany, admitted in court to killing 43-year-old Christopher L. Clayton Sr. on June 20, 2009, on Craig Street. The plea came as part of a special procedure where Fallen admitted to killing Clayton, but did not admit to intending to kill him.

The weight of the evidence was enough for him to take the special plea, commonly called an Alford plea, and the 17-years-to-life sentence that went along with it.

Prosecutor Matthew Sypniewski later described the video in detail.

“It’s one thing to hear a version of events from witnesses,” Sypniewski said. “But for a jury to be given an opportunity to sort of see it for themselves, a replay … that type of evidence can be overwhelming.”

Fallen’s defense attorney, Steve Kouray, used the same word in describing the video later.

The video, he said, was clear. It also would have made the expected defense of extreme emotional disturbance difficult.

Wednesday’s plea came after a series of court appearances. Fallen saw the video himself early last week. He then received two offers, one from the prosecution and one from the judge.

The prosecution offered the set sentence of 17-years-to-life. The judge, acting Schenectady County Court Judge Richard Giardino, offered a range of 15-to-life to 20-to-life.

The judge’s offer would have allowed for testimony related to the extreme emotional disturbance defense as a mitigating factor.

Throughout the appearances, Fallen repeated that he was willing to take responsibility for the killing and plead guilty.

He first wanted to consult with family about his plea options, a request Giardino granted, resulting in several days of delay. Several family members attended appearances Monday and Wednesday. Trial in the case had been set for next week.

Wednesday’s plea briefly stalled on the issue of intent; Fallen was steadfast that, while he killed Clayton, that was not his intent.

“I know I was responsible and caused his death,” Fallen told the judge. “But that wasn’t what I intended to do.”