GOSHEN – The manslaughter conviction of a Newburgh man, who beat another man to death with a baseball bat, has been affirmed by the Appellate Division, Second Department, of State Supreme Court.
Rodney Bethea, now 33, was found guilty by an Orange County Court jury in the November 28, 2010 murder of Eddie Gordon, 29, by striking him over the head with the bat. The two men had argued while at a party when the attack occurred.
In his appeal, Bethea maintained county court erred in declining to suppress a statement he made after he invoked his right to legal counsel as well as evidence from a buccal swab that was taken after he invoked his right to counsel.
The appellate court decision noted that a recording proved Bethea asked for a lawyer twice. “However, this error was harmless, as the evidence of guilt without reference to the statement and buccal swab was overwhelming, and there is no reasonable possibility that the error contributed to the conviction,” the decision stated.
The decision also said Bethea failed to preserve for appellate review his challenge to the prosecutor’s summation remarks. “Certain remarks by the prosecutor denigrated the defense and were inflammatory, including her comment that the defendant ‘had plenty of time to concoct a story,’ and the comment that the defendant had failed to pray for the victim. In addition, the prosecutor’s comment that a witness had wiped off a baseball bat was not based on trial evidence.”
But, the appellate court ruling said “these errors were harmless, as there was overwhelming evidence of guilt, and no significant probability that any error in this regard might have contributed to the conviction.
Bethea’s appeal also maintained his 25-year prison sentence was excessive, a contention the court dismissed.
