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Giacona murder case moving from County Court to Family Court

By By JOLEEN FERRIS

UTICA, N.Y. (WKTV) - Joseph Giacona III, accused of shooting his father in their Vernon home is due in Oneida County Court on Friday.

At that time, his case is expected to shift gears from adult, criminal court to Oneida County Family Court, and a much less strict sentencing structure.

Joseph Giacona III's attorney says there are several factors that have helped point this case the Family Court way.

First, there's the child's age - he's 14; 13 at the time of his dad's murder.

Then, there's what his attorney refers to as his emotional and psychological history.

Now, in terms of punishment for the crime, when you go this family court route, the focus is more on rehabilitation, because Giacona will be a free man at 21 - that's the age when you exit the family court system.

"The actual focus on that time does become his rehabilitation, becomes his education and trying to help him and support him to become a very responsible and productive member of this society," said Leland McCormac III, defense attorney for Giacona III.

If this goes on as planned Friday, Giacona III would be committed for three years to a facility under the auspices of the State Office of Child and Family Services for 3 years - the first 6-12 months of which would be spent in a secure detention facility.

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