Attorneys for Stephen Stidd, the Bradford businessman accused of killing his son-in-law in 2015, are asking a judge to consider letting him out of jail for health reasons before his scheduled trial in October.
Stidd, 65, is jailed without bail on one count of homicide for the death of Melvin Bizzarro, who died from a single gunshot wound to the chest around 9:30 a.m. Jan. 16, 2015, in the rear parking lot of Togi’s Restaurant, allegedly following an argument with Stidd.
Stidd has been incarcerated since April 18, when charges were filed against him by the state attorney general’s office. His attorneys, Greg Henry and James P. Miller, have petitioned for bail, which was denied, and they appealed the denial to the state Superior Court, which agreed that Stidd was not entitled to bail.
This latest motion, filed last week, is to modify pre-trial incarceration to house arrest with electronic monitoring.
In the motion, the attorneys ask Senior Judge John Cleland to permit a hearing where Stidd’s personal physician from Erie could testify as to his medical conditions, and how home confinement could alleviate the adverse impacts of pre-trial detention.
Among the medical issues spelled out in the motion are “severely elevated” blood pressure, pain and limited range of motion in his back and neck, pinched nerves in his back and other significant back problems. Stidd’s doctor indicated the living conditions at the jail are “adversely affecting his health and may lead to a life-threatening medical illness in the near future,” the motion read.
The attorneys say that since his incarceration, Stidd has fallen twice and injured himself as well.
“The defendant is presumed to be innocent of the charges against him,” the motion read. “His incarceration is not in the nature of punishment. His incarceration is in the name of pre-trial detention. Accordingly, the defendant should not be subject to physical risk or punishment while awaiting trial — which is two months away.”
Trial in the case is scheduled to begin Oct. 23.
Modifying the pre-trial detention, the attorneys suggest, would “permit the defendant’s health to be properly treated and will permit the defendant to avoid the life-threatening medical conditions outlined by his physicians,” the motion read.
As of Tuesday evening, no response had been filed to the motion by the prosecuting attorneys, L. Todd Goodwin and Bobbi Jo Wagner with the attorney general’s office.
Cleland had not ruled on the matter either.
The defense has never denied that Stidd pulled the trigger, but they assert the action was done in self-defense against a man who had assaulted him in the past.
Stidd had been charged shortly after the shooting, but the case was dismissed at the preliminary hearing by District Judge Dominic Cercone on Feb. 24, 2015, who held that Stidd acted in self defense. The case was referred to the attorney general’s office for continued investigation and to explore the possibility of refiling the charges.
The investigation continued, and charges were re-filed in April.
