Inmate allegedly beaten by CO continues testimony


UTICA, N.Y. (WKTV) - The Corrections Officer is the defendant and the career criminal is the alleged victim in Oneida County Court.

Corrections Officer Michael Wehby is on trial for allegedly assaulting inmate Jose Rivera at Midstate Correctional Facility in Marcy.

Rivera took the witness stand and took questions from the prosecution on Tuesday and on Wednesday, it was the Defense Attorney's chance to question him. The defense questioned Rivera for roughly an hour on Wednesday, trying to show Rivera as a career criminal who shouldn't be believed over a Corrections Officer without a single disciplinary action in 24 years on the job.

The Defense also questioned Rivera's motive for pursuing criminal charges, pointing out that the inmate is suing New York State along with Wehby for around $1.5 million and asked him if a criminal conviction in Oneida County Court would bolster Rivera's civil case.

Nurses who have treated Rivera were set to take the stand shortly after Noon on Wednesday. Wehby's attorneys said that they may have Wehby take the stand, but were unsure as of early Wednesday afternoon.

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