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Judge dismisses charges in Mallove murder
By Greg Smith
Norwich Bulletin

Thursday, November 6, 2008

New London, Conn. - A superior court judge Thursday dismissed the murder charges against two men arrested three years ago in the slaying of a New Hampshire scientist in Norwich.

The news was met with smiles and tears from Joseph Reilly, 42, and Gary McAvoy, 46, who stood anxiously before Judge Susan B. Handy in a New London courtroom. Both men were charged by Norwich police in the brutal May 14, 2004 beating death of Eugene Mallove, 56.

"It's been a hard three and a half years," Reilly said. "I know the victim's family is feeling it too. All along...we've said we're innocent."

McAvoy, in tears, asked for some time with his mother. Both men remain held in prison on unrelated charges but are now eligible for parole.

Chief State's Attorney Kevin Kane, former New London County State's Attorney, was in court to announce the state's position.

"There are still unanswered questions that need to be answered," Kane said. "There is a big difference between probable cause and proof beyond a reasonable doubt."

Handy agreed to dismiss the case while preserving all evidence associated with the case. Norwich police have said the case remains under investigation.

Defense attorney William Koch Jr., who represents Reilly, gave Kane credit for his handling of the situation. "I would imagine the state doesn't nolle too many murder cases," Koch said.

Ethan Mallove, the son of Eugene Mallove, said his family met with prosecutors earlier in the week.

"Obviously we're not satisfied with this," Mallove said. "Someone needs to be brought to justice."

Defense attorneys have said the state lacked evidence definitively linking the men to the crime.

Mallove is a Norwich Free Academy graduate who went on to became the chief science writer at the Massachusetts Institute of Technology. Mallove later dedicated much of his work to the subject of cold fusion and promoted experimentation in the field of alternative energy sources.

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