By: Jerry Burke
According to Nassau County Homicide detectives, the police were pretty sure they had their main suspect in custody in the Oct. 13, 2003 killing of Merrick Harvey. All they needed to do was discredit the alibi of the 38-year-old Elmont man, Oriley Grayson, who had previously admitted to breaking into the Harveys' Hempstead home numerous times.
Following a month-long investigation, police charged Grayson with second-degree murder in November of 2003. His victim was the younger brother of Grayson's ex-girlfriend, Catherine Harvey, who police believe Grayson was stalking in order to try to repair their recently called-off 10-year relationship.
Police originally arrested Grayson along Dutch Broadway in Elmont only four hours after Catherine found her brother fatally shot in his basement apartment. At the time, Grayson was charged only with second-degree burglary and eavesdropping. Police say Grayson told them he had broken into the home in order to monitor phones calls in hopes of proving that Catherine was "cheating" on him. The relationship had apparently ended in September, when Catherine discovered that Grayson was sleeping with another woman.
Merrick Harvey, whom police say was very protective of his sister and her 5-year-old son, had caught Grayson breaking into the home on Oct. 12 and kicked him out. Police believed Grayson returned hours later and shot Harvey because he stood in the way of reconciliation.
Police say Grayson's alibi, a girlfriend in Cambria Heights, Queens, in whose home he said he was sleeping during the shooting was shaky at best. The jury agreed, rejecting the defense in earnest when Grayson's lawyer, Trevor Headley, decided not to call the girlfriend on behalf of the defense.
Besides the murder count, Grayson was found guilty of second-degree burglary, two counts of eavesdropping and three counts of possession of eavesdropping devices.
Assistant District Attorney Frank Schroeder, who represented the people in the case, said Grayson faces 25 year to life in prison. He is scheduled for sentencing Nov. 8 before Court of Claims Justice Victor M. Ort in Mineola.
Statements from the jury after the verdict was delivered revealed that the most damaging piece of evidence was gunshot residue which police found on the cover of Grayson's steering wheel cover, indicating that he had recently fired a gun. Cellular phone records had also shown that Grayson called is Queens girlfriend at 2:12 a.m., a time when Grayson said he was her and a mere 17 minutes after Harvey was shot dead.
