Aaron Powell appears in court, lawyer asks for adjournment

By Kelly McCarthy

May 12, 2014 Updated May 12, 2014 at 8:24 PM EST

Binghamton, NY (WBNG Binghamton) A Binghamton man awaiting trial for the killings of his estranged wife and one of her friends made an appearance in Broome County Court.

Powell appeared with his court-appointed attorney, Tom Cline, to request an adjournment.

Cline told Judge Cawley after a number of court delays and recent decisions he does not feel prepared for the trial.

Judge Cawley has not made a decision yet if the trial date will be changed. He is expected to decide sometime Tuesday.

Cline told Cawley a recent decision in a different case from the New York State Appellate Court, People vs. Paul Walker, impacts the DNA evidence in Powell's upcoming trial.

The decision affects how DNA can be collected with the use of a search warrant. It forced prosecutors to take a new DNA sample from Powell and run the same tests again. The results are expected to get in just before the scheduled trial date. Cline told the judge he would like more time to go over the results of the new DNA tests.

The case is being prosecuted by Broome County District Attorney Gerald Mollen.

Monday's hearing also continued a series of questions surrounding the events that led to Powell's arrest.

On March 26, 2013, Powell was taken into custody in Susquehanna County, Pa.. There are questions concerning the use of a "temporary warrant" that led to Powell's arrest.

Powell faces two counts of second-degree murder and one count of first-degree murder.

Prosecutors say he intentionally killed 35-year-old Christina Powell and 24-year-old Mario Masciarelli.

On March 22, the Broome County Sheriff's Office found the bodies of Christina Powell and Masciarelli inside her home on Lisi Lane in the Town of Binghamton.

She had been strangled and Masciarelli suffered a blow to the head.

Aaron Powell remains in the county jail without bail.

Powell mailed the judge a 25-page letter from jail, which the judge received on May 9.

The letter details concerns Powell has regarding his upcoming trial.

Cawley told the court he would be going through the letter and is reserving judgment on any of Powell's concerns.

The judge did not say specifically what the letter was about.

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