By Karenlyn Barone
Troy's shoes, however, were county-issued orange scuffs. He was on suicide watch, so no shoelaces were allowed.
Most shocking was Troy's size. He is small and appears frail. He is Woody Allen-esque in manner and bearing -- the large glasses perched on his nose, the nervous twitching seemingly just below the surface. He remained seated during this pre-trial hearing to determine admissible evidence and review the procedure of his arrest. He did not remain silent, however. He twice called Det. Brian Parpan a liar during the course of testimony.
Parpan was called to the scene of OLP on the morning of March 12, 2002. About 30 people were still in the church, shocked and stunned by what had occurred just moments earlier. The body of the Rev. Larry Penzes, shot dead on the altar, had already been removed from the scene, but his loving parishioner, Eileen Tosner, lay lifeless in the third pew and the suspected gunman, who had fled the church, was barricaded in his apartment down the block.
After Troy's capture, Parpan and his partner, Det. Bill Brosnan, drove Troy to Nassau County Police headquarters. The conversation that ensued on that drive made for riveting testimony.
After being read his rights, Troy spoke willingly with the detectives, according to Parpan. Troy insisted that he understood his rights and said several times that he was an intelligent person who was majoring in government studies in college. When asked why he resisted arrest and wielded a knife, Troy said he had a right to protect himself. When one of the detectives reminded the accused that he was chased to his home from the church, Troy answered simply that the detective would have to prove it.
Several times during that car ride and the following hours-long interview at headquarters, Troy denied knowing anything about the shootings, contending that he had been home all day.
Parpan said at the hearing that Troy's small red car was seen outside the front door of the church before the shootings, and was parked outside his apartment at the time of the arrest. After obtaining a search warrant, police officers found .22 caliber shells in the car along with a box of ammunition. The trunk held the empty box for a .22 caliber gun.
Troy maintains his innocence. He has spent time in mental institutions and has been diagnosed with paranoid schizophrenia. Although he could have entered an insanity plea in this case, and was directed to do so by his attorney, Peter McCormack of Garden City, Troy declined. Thus, McCormack is uncertain whether Troy can help with his own defense.
"I doubt that he can rationalize the evidence," said McCormack. "And he has no rational basis to understand what he is facing."
Nevertheless, the attorney was obligated to advise Cotter that Troy wishes to cross-examine witnesses during his trial.
It was determined at the hearing that Troy is not a member of OLP, but rather of St. Barnabas in Bellmore. There, he claims he had the friendship of the Rev. Peter Dooley, whom Troy said he met while at Chaminade High School.
"I really don't know him," said Dooley. "I remember him from Chaminade, but I have so little knowledge of him. I remember him only as a student." Dooley has been pastor of St. Barnabas for nine years. While at Chaminade he taught religion, and was the director of guidance.
It was also revealed that Troy was placed in his job at Chase Bank, 55 Water St. in Manhattan, by a temporary employment agency, and that he was notified on March 11, 2001 -- the day before the shootings -- that the job had been completed and his services were no longer needed there.
Parpan recalled that when Troy was asked about the shootings in an accusatory tone after his arrest, he denied any knowledge of the incident. Later, when the detective beseeched Troy to consider the family of Tosner and let them know that she was not a target, Troy relented.
According to Parpan, Troy whispered, "You call tell them that."
On the issue of evidence admissibility, McCormack was concerned that witnesses were able to pick Troy out of a lineup because of the extensive media coverage of the shootings. McCormack emphasized his point by displaying photos of the accused that appeared in local newspapers for days after the crime.
The state's case was made by Assistant District Attorney Fred Schroeder, who insisted that photos of the accused could not have swayed the witnesses brought in for the lineup, since at the time of his arrest and in all photos published locally, Troy was clean-shaven. On the day of the lineup, Parpan advised the court that, to his surprise, Troy was now sporting a beard and mustache. The detective said he had to hustle to find stand-ins for the lineup who now resembled the hairy Troy. The judge will rule on the validity and admissibility of the lineup when the pre-trial hearing resumes on June 11.
The next state witness due to be called is Brosnan, with the chance that Troy himself may take the stand later.
