By Karenlyn Barone
No motive has been revealed, Troy has shown no remorse, and little information is available to explain how a diagnosed paranoid schizophrenic, previously hospitalized, was allowed to live without the intervention of the local mental health department.
Troy, 36, was found guilty last week of gunning down the Rev. Larry Penzes, 50, and parishioner Eileen Tosner, 73, with a .22 caliber rifle at Our Lady of Peace Church in Lynbrook during the 9 a.m. Mass on March 12, 2002.
Troy has maintained his innocence since the shootings and went as far as to blatantly accuse his neighbor of the horrific crime during his trial summation. He calmly claimed that he was framed and that his love for the Catholic Church prevented his commiting such a ghastly crime. It took the jury less than two hours to decide differently. Concrete evidence, including fingerprints, the recovery of the weapon and ammunition and three death lists found in Troy's apartment, led the jury to its swift decision. In fact, Troy himself tried to convince the jury of his innocence by stating that the police had failed to provide a motive. This disturbing missing piece still haunts the Penzes family.
"I always said we would probably walk away from this trial not knowing why this happened, and we still don't know why," said Ken Penzes, Larry's brother, upon leaving the court after the guilty verdicts were handed down.
Not knowing is a source of contention for defense attorney James McCormack as well. The court-appointed attorney had many sessions with Troy following his arrest, and still cannot shed any light on a possible motive.
"For the past year, nobody knew this guy any better than I did," said McCormack in an interview with the Herald. "No one had more conversations with him than I did, and still something troubles me about this case. I thought that being a martyr might be his motive, but nobody knows."
Another issue left unsettled is how Troy slipped through the cracks of the mental health system. He spent time in mental institutions, and his own family had a restraining order against him, yet he was found competent to stand trial. McCormack said it was a conflict for the Nassau County Department of Mental Health to have evaluated Troy on issues of competency when it was the very agency responsible for providing intervention services after his hospitalizations. The New York State Commission for Quality Care for the Mentally Disabled criticized the local department for failing to provide adequate psychiatric treatment for Troy in the months preceding the murders.
"Troy said he didn't want to spend the rest of his life in a mental institution," said McCormack. "He was happy when they found him competent."
Rob Tosner, Eileen's 40-year-old son, said he was happy that Troy was found fit to stand trial and was unable to use a "mental defect" defense.
"I felt that defense would be an out for him, and he should have to pay for what he did to our families," said Tosner. "At least this way he will have to pay and never be able to do something like this to anyone else."
U.S. Rep. Carolyn McCarthy (D-Mineola) is working toward that end. She and Sen. Charles Schumer are due to re-introduce the Our Lady of Peace Act to both houses of Congress sometime next week. Their bill provides incentives to states to automate and provide information to the FBI regarding anyone who is barred from having a gun. The bill enforces the Gun Control Laws of 1968, which state that individuals are prohibited from possessing firearms if they have been adjudicated as mentally defective or have been committed to mental institutions.
The bill, originally introduced in May 2002, was passed by the House on Oct. 15, 2002. It was introduced to the Senate with bi-partisan support but time ran out before it could be approved.
"My heart goes out to the families of Reverend Penzes and Eileen Tosner," said McCarthy. "One part of this tragedy is over. Hopefully, we can pass the Our Lady of Peace Act, so we can prevent this from happening to others."
McCormack confirmed in a telephone interview that he will file a notice of appeal on Troy's behalf after the sentencing on July 30, which will include a review of the issue of his competency. Assistant District Attorney Frank Schroeder will seek a sentence of life without parole for Troy.
