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Attorney: State Must Speed Mallove Slaying Case
By Greg Smith
Norwich Bulletin
Wednesday, May 9, 2007
NEW LONDON -- The defense attorney for one of two men charged with felony murder in the 2004 beating death of a respected New Hampshire scientist is asking the state to expedite its findings.
New London State's Attorney Michael Regan Tuesday indicated he is ordering further forensic tests that could link Gary McAvoy, 45, and Joseph Reilly, 41, to the March 14, 2004, beating death of Eugene Mallove.
Mallove was found dead outside the house on Salem Turnpike where he grew up. He apparently was attacked while cleaning out the house.
McAvoy was in New London Superior Court Tuesday with his attorney, William Koch.
Koch said after a year of waiting for the initial forensic test results on items gathered at the 119 Salem Turnpike crime scene, he hopes for faster results.
"We want to get the forensic results back," Koch said. "It's our position that Mr. McAvoy was never at Mr. Mallove's home."
Regan declined comment on the nature of the tests, but there has been no known forensic evidence presented to date which links linking the two suspects to the slaying. Both have pleaded not guilty.
Koch said Norwich police initially requested a round of tests in February 2006 and a report was not completed until last month. He also has requested the state turn over any information related to the late Jarion Childs. Childs was mentioned by police as a possible person of interest in the Stonington robbery. He was shot and killed June 28, 2004, at Dairy Queen in Groton.
"There's got to be some police reports related specifically to Mr. Childs," Koch said Tuesday in court.
Koch is not the only one skeptical of the state's case. Jeremiah Donovan, who represents Joseph Reilly, attacked the credibility of several state witnesses who were convicted felons.
McAvoy and Reilly admitted to being together the night Mallove was killed, allegedly using crack cocaine and committing thefts in the area.
One man testified at a probable cause hearing he overheard McAvoy making references to Mallove's death.
A shuttle bus driver also picked McAvoy out of a photo lineup as the driver of a vehicle fitting the description of Mallove's stolen van.
McAvoy and Reilly were arrested by New Britain police two days after Mallove's death in a vehicle stolen from Groton.
Known as a champion of cold fusion, Mallove, the father of two, was the president of the New Energy Institute and editor/publisher of Infinite Energy, which is still published.
He wrote the Pulitzer-nominated book "Fire From Ice: Searching for the Truth Behind the Cold Fusion Furor."
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