Dibartolo Loses Bid For A New Trial

Thu., Feb. 12, 1998

By Tom Sowa toms@spokesman.com (509) 459-5492

Sentenced last month to 26 years in prison for murdering his wife, Tom DiBartolo lost his first appeal Wednesday for a new trial.

DiBartolo, 43, was convicted in December of first-degree murder.

Before starting his prison term, he asked for a new trial, saying jurors twice acted improperly during deliberations.

Superior Court Judge Neal Q. Rielly denied the appeal Wednesday after hearing legal arguments from DiBartolo’s attorney.

Defense attorney Maryann Moreno said she also will appeal the conviction on several other grounds, including the exclusion of testimony that could have supported DiBartolo’s account of what happened.

DiBartolo was a Spokane County sheriff’s deputy when his wife was shot in the head at Lincoln Park the night of Nov. 3, 1996. He said two men approached them, demanded money, then grabbed a gun from their parked van. One of the men shot Patty DiBartolo and wounded him, DiBartolo told detectives.

DiBartolo will be moved to the Shelton Correctional Center in Western Washington by the end of February. Corrections officials then will have to decide where he serves his sentence.

Former police are considered likely victims of inmate reprisals. If state officials believe DiBartolo won’t be safe in Washington, they will arrange to move him to another state.

, DataTimes

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