Peter Zisopoulos, charged with killing EMS captain Alison Russo from Long Island, found competent to stand trial
Peter Zisopoulos, left, and his attorney Jonathan Latimer in Queens County Supreme Court after a hearing Monday on his competence to stand trial for the fatal stabbing of EMS Capt. Alison Russo. Credit: Jeff Bachner
An Astoria man found by psychological experts to be delusional and psychotic was nonetheless determined by a Queens state judge Monday to be fit to stand trial for the 2022 murder of FDNY EMS Capt. Alison Russo.
Queens State Supreme Court Judge Ushir Pandit-Durant said despite recent findings by two court-appointed mental health experts that the defendant, Peter Zisopoulos, 36, suffered from psychosis and delusions, he appeared to meet the legal standard of mental competence to understand the proceedings and assist in his own defense.
"The defendant seems to have a factual understanding of the case, doctors have said," Pandit-Durant stated during a court proceeding.
Pandit-Durant said since he was arrested on Sept. 29, 2022, for the murder of Russo, 61, of Huntington, on an Astoria street corner, Zisopoulos has been found at various times to be both competent and unfit to stand trial. She noted in psychological interviews that Zisopoulos understood the meaning of a trial, the charges against him and the fact there is a likelihood a jury could find him guilty in the face of what the court said was strong evidence of guilt.
Defense attorneys objected to the judge's finding and during an exchange with the court asked for more time to consult with their client after Pandit-Durant set Wednesday for the beginning of jury selection. The case had been scheduled for jury selection last month.
Zisopoulos faces second-degree murder and weapons possession charges. Defense attorneys said in court Zisopoulos had been diagnosed as suffering from schizophrenia since 2008.
During court hearings last month, two psychologists agreed Zisopoulos was, in their view, delusional and psychotic, as well as being ambivalent in discussing the case in a meaningful way with his defense attorneys.
Lead defense attorney Jonathan Latimer said in court Zisopoulos had been unwilling to go over the evidence or discuss the possibility of the affirmative defense of suffering from a mental disease or illness when the crime was committed. But Pandit-Durant stated the defendant had considered the mental illness defense and rejected it, mostly on the grounds he would have to admit his guilt to the underlying homicide. Such a decision by Zisopoulos was evidence of a rational decision, Pandit-Durant indicated.
Under state law, if a defendant is found not guilty due to mental illness, the defendant would be institutionalized for an indeterminate period of time. Without invoking the defense, Zisopoulos would face a maximum of 25 years to life in prison if found guilty of murder.
The main evidence in the case against Zisopoulos consists of a video surveillance recording which allegedly showed him stabbing Russo nearly two dozen times. Psychologists and his defense attorney said Zisopoulos denies he is on the recording and claims the tape was doctored.
Zisopoulos was briefly questioned Wednesday by the judge, over defense objection.
"How are you, Mr. Zisopoulos?” Pandit-Durant asked.
"I am fine," replied Zisopoulos, who was clad in an orange jail outfit. He also said he understood the case would be going forward with a jury.
Neither Latimer nor any of the defense attorneys would comment after Monday's proceedings.
Outside the courtroom, Russo’s daughter, Danielle Fuoco, said she was looking forward to the trial beginning.
"We have waited long enough," Fuoco, 43, of Shoreham, said. "Hopefully for the rest of his life he never sees the light of day as a free man."
Fuoco said she agreed with court’s decision on competency of Zisopoulos.
"He has been competent for a while," Fuoco said.
No member of Zisopoulos’ family appeared to attend the Monday court session. Last month in a statement through her attorney, the defendant’s mother, Neophyta Zisopoulos, asked the public to keep an open mind. She said a head injury her son suffered as a youngster might have contributed to his mental illness.
An Astoria man found by psychological experts to be delusional and psychotic was nonetheless determined by a Queens state judge Monday to be fit to stand trial for the 2022 murder of FDNY EMS Capt. Alison Russo.
Queens State Supreme Court Judge Ushir Pandit-Durant said despite recent findings by two court-appointed mental health experts that the defendant, Peter Zisopoulos, 36, suffered from psychosis and delusions, he appeared to meet the legal standard of mental competence to understand the proceedings and assist in his own defense.
"The defendant seems to have a factual understanding of the case, doctors have said," Pandit-Durant stated during a court proceeding.
Pandit-Durant said since he was arrested on Sept. 29, 2022, for the murder of Russo, 61, of Huntington, on an Astoria street corner, Zisopoulos has been found at various times to be both competent and unfit to stand trial. She noted in psychological interviews that Zisopoulos understood the meaning of a trial, the charges against him and the fact there is a likelihood a jury could find him guilty in the face of what the court said was strong evidence of guilt.
WHAT NEWSDAY FOUND
- An Astoria man previously found to be delusional and psychotic was determined by a Queens state judge Monday to be fit to stand trial for the 2022 murder of FDNY-EMS Capt. Alison Russo.
- The judge said Peter Zisopoulos appeared to meet the legal standard of mental competence.
- Defense attorneys objected to the finding and asked for more time to consult with their client.
Defense attorneys objected to the judge's finding and during an exchange with the court asked for more time to consult with their client after Pandit-Durant set Wednesday for the beginning of jury selection. The case had been scheduled for jury selection last month.
Zisopoulos faces second-degree murder and weapons possession charges. Defense attorneys said in court Zisopoulos had been diagnosed as suffering from schizophrenia since 2008.
During court hearings last month, two psychologists agreed Zisopoulos was, in their view, delusional and psychotic, as well as being ambivalent in discussing the case in a meaningful way with his defense attorneys.
Lead defense attorney Jonathan Latimer said in court Zisopoulos had been unwilling to go over the evidence or discuss the possibility of the affirmative defense of suffering from a mental disease or illness when the crime was committed. But Pandit-Durant stated the defendant had considered the mental illness defense and rejected it, mostly on the grounds he would have to admit his guilt to the underlying homicide. Such a decision by Zisopoulos was evidence of a rational decision, Pandit-Durant indicated.
Under state law, if a defendant is found not guilty due to mental illness, the defendant would be institutionalized for an indeterminate period of time. Without invoking the defense, Zisopoulos would face a maximum of 25 years to life in prison if found guilty of murder.
The main evidence in the case against Zisopoulos consists of a video surveillance recording which allegedly showed him stabbing Russo nearly two dozen times. Psychologists and his defense attorney said Zisopoulos denies he is on the recording and claims the tape was doctored.
Zisopoulos was briefly questioned Wednesday by the judge, over defense objection.
"How are you, Mr. Zisopoulos?” Pandit-Durant asked.
"I am fine," replied Zisopoulos, who was clad in an orange jail outfit. He also said he understood the case would be going forward with a jury.
Neither Latimer nor any of the defense attorneys would comment after Monday's proceedings.
Outside the courtroom, Russo’s daughter, Danielle Fuoco, said she was looking forward to the trial beginning.
"We have waited long enough," Fuoco, 43, of Shoreham, said. "Hopefully for the rest of his life he never sees the light of day as a free man."
Fuoco said she agreed with court’s decision on competency of Zisopoulos.
"He has been competent for a while," Fuoco said.
No member of Zisopoulos’ family appeared to attend the Monday court session. Last month in a statement through her attorney, the defendant’s mother, Neophyta Zisopoulos, asked the public to keep an open mind. She said a head injury her son suffered as a youngster might have contributed to his mental illness.
Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.
Newsday investigation: Doctor discipline ... Meet Mets batting practice pitcher ... Get the latest news and more great videos at NewsdayTV
Newsday investigation: Doctor discipline ... Meet Mets batting practice pitcher ... Get the latest news and more great videos at NewsdayTV
