By Karenlyn Barone
Judge Daniel J. Cotter made the decision after hearing testimony from medical experts about Troy's mental state. Competency to stand trial means a defendant has the ability to understand the court proceedings and is able to communicate with a defense attorney. Troy, 34, has previously been institutionalized for paranoid schizophrenia.
Troy is charged with two counts of first-degree murder, four counts of second-degree murder and one count of first-degree attempted murder for the alleged stabbing of a police officer, whom he struggled with during his arrest. Troy is alleged to have entered Our Lady of Peace church on March 12, 2002, as Father Lawrence Penzes was saying morning Mass, and pulled a rifle from under his trench coat before firing six shots, killing the 50-year-old priest and Eileen Tosner, a 73-year-old parishioner. Troy then fled the church and eluded police for seven hours as he remained barricaded in a nearby house on Fowler Avenue.
If convicted of first-degree murder, Troy would be eligible for the death penalty, but District Attorney Denis Dillon said he will not seek it. "District Attorney Dillon's position has been to only seek the death penalty if in a particular case it is necessary to protect society from a particular defendant," said Rich Hinshaw, a Dillon spokesman.
According to other published news reports, Troy's court-appointed attorney, James P. McCormack, said his client is not able to assist in his own defense. McCormack did not return the Herald's phone calls. Troy, who has maintained his innocence since his arrest, has until May 21 to advise the court what defense he will use at his trial.
Our Lady of Peace and its parishioners continue to try to make sense of what seemed to be a senseless tragedy. They remain strong in spirit and united in their efforts to honor the memories of Penzes and Tosner.
"The parish remembers Father Larry and Eileen with great affection," said OLP Pastor Bill Breslawski. "We pray for continued healing for their families and for our parish. We pray that Mr. Troy may experience God in his life, and we look forward to the judicial process running its course."
"We have to put our trust in the legal system and pray that the system will be fair, and that due process will be served," said parishioner John Bonomo.
The trial is anticipated to begin the second or third week of June.
