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'Enough,' Says Murder Suspect
By
Izaskun E. Larrañeta
Online Reporter

Gary McAvoy stood Thursday before New London Superior Court Judge Susan Handy and declared his innocence in the 2004 murder of physicist Eugene Mallove.

He didn't do it and doesn't know who did, he told the judge.

”Enough is enough,” said McAvoy. “I'm charged with a murder I had nothing to do with. Its time to start looking someplace else.”

McAvoy and his co-defendent Joseph Reilly, may soon be free. The the state forensics lab mistakenly labeled a hair seized from a stolen car in New Britain as one that was collected from the victim's van.

His attorney, William T. Koch Jr. said he would ask the court to dismiss the charges against McAvoy at his next court appearance Nov. 6.

McAvoy said Thursday the Norwich police had erroneously arrested him. He claimed that blood and fingerprints belonging to another unknown person was found at the crime scene. He encouraged the police department to “look for” the person responsible for the murder.

”I just feel like I needed to say this,” he said.

After the court appearance McAvoy's mother, Marion Duffy said it was hard seeing her son behind bars for a crime she knows he didn't commit.

”If the Norwich police had did their job from the beginning, this would not have happened,” said Duffy. “It's been devastating for us. I feel sorry for the Mallove family too. I feel they are victims too.”

Chief State's Attorney Kevin T. Kane has to talk with McAvoy's attorney, Mallove's family in New Hampshire, and McAvoy's co-defendant's attorney, Jeremiah Donovan, Handy said, before any action can be taken on the case.

McAvoy, 46, and Reilly, 42, are charged with murdering Mallove in Norwich on May 14, 2004. A physicist who championed cold fusion, Mallove, 56, of Pembroke, N.H., was found beaten to death in the driveway of his mother's house on Salem Turnpike. The cause of death was a crushed trachea.

The same weekend, New Britain police arrested
McAvoy and Reilly in a car stolen from Groton and found evidence of physical violence, including blood on their clothing. Norwich police charged the men with Mallove's murder about a year later.

Both men adamantly denied being in Norwich that weekend, though they admitted they had been on a crack cocaine binge and participated in several burglaries.

Both attorneys have maintained that the state's case is weak. The attorneys said none of the physical evidence established guilt, and the state had relied on “jailhouse snitches” to bring charges against their clients.

DNA tests revealed that none of the blood on the men's clothing came from Mallove, and McAvoy told police that he and Reilly had a fight.

Reilly also briefly appeared in court Thursday and his case was continue to Nov. 6.

McAvoy and Reilly both are serving prison sentences for other crimes. McAvoy's “maximum release date” for a five-year sentence for third-degree larceny is August 2009, according to the Department of Correction. Reilly's release date for a 4½-year burglary conviction is February 2009.

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