Callicutt appeal denied in Bailey murder case
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ALBANY, N.Y. -- The man convicted of murdering UAlbany student Richard Bailey in 2008 has been denied his appeal to another trial. Devon Callicutt was convicted in December 2010 and sentenced to life in prison for murdering UAlbany senior Richard Bailey.
Callicutt's appeal listed 13 reasons why he should get a new trial. The five-judge panel focused on two of them - first, if the lesser charge of manslaughter should have been included at trial, also whether incriminating parts of Callicutt's jail house confession letter should have been admitted into evidence because he wrote them after he was illegally questioned by police.
On Thursday, the appeals court rejected that parts of his confession letters to friends from prison should have been redacted. They also rejected that Callicutt's sentencing was too harsh, calling it a senseless murder and citing a second degree robbery less than 10 minutes later.