LOCAL

Thomas Clayton pleads not guilty to murder charges

Jeff Murray
jmurray@stargazette.com | @SGJeffMurray

Thomas Clayton, of Caton, pleaded not guilty Thursday to three murder charges against him, all but guaranteeing he will go to trial in connection with the death of his wife.

Thomas Clayton looks on as his lawyer, Ray Schlather, speaks with the media following his client's arraignment Thursday at Steuben County Court in Bath. Clayton pleaded not guilty to murder charges.

At the same time, special prosecutor Chemung County District Attorney Weeden Wetmore said Clayton and Michael Beard, of Elmira, also charged in connection with Kelley Clayton’s Sept. 29 death, would be tried separately.

Thomas Clayton, 37, was arraigned Thursday in Steuben County Court following his indictment by a grand jury on one count of first-degree murder and two counts of second- degree murder.

When Steuben County Judge Peter Bradstreet asked for a plea, Clayton, accompanied by his attorney Ray Schlather, of Ithaca, started to make a statement.

“I had nothing to do with this. I am not guilty,” Clayton said before Bradstreet cut him off and asked for a simple guilty or not-guilty plea. Clayton said not guilty.

Clayton has been free on $250,000 bail since early October, and Bradstreet continued that bail following statements by both attorneys.

Thomas Clayton, left, talks with his lawyer, Ray Schlather, as they walk into the Steuben County Courthouse on Thursday. Clayton pleaded not guilty to murder charges stemming from his wife's death on Sept. 29 in their Caton home.

"He has been a productive member of the community. He has family in the area. This is where he lives," Schlather said of the former Elmira Jackals hockey player. "He has no interest in going anywhere. He wants to clear his name, and he will clear his name."

Wetmore, who was named special prosecutor after Steuben County District Attorney Brooks Baker asked to be replaced, said he saw no compelling reason to argue against continuing the bail status despite the more serious charge of first-degree murder.

Clayton initially cooperated with investigators and has made no attempt to leave the area even though he has been free on bail, Wetmore said.

Bradstreet did modify orders of protection imposed by Town of Caton Court to allow Clayton access to his Ginnan Road home, since his two children no longer live there and it has been cleared as a crime scene.

The courtroom was packed, as family members and supporters of Thomas Clayton sat on one side and Kelley Clayton's family and friends sat on the other. Thomas Clayton's family members were escorted out of the courtroom to the parking lot by officers before the rest of the spectators left.

Schlather repeated his contention during the arraignment that the GPS unit on Clayton's car proved he was miles away at a poker game when his wife was killed. Clayton called 911 at around 12:40 a.m. Sept. 29, after returning home from his poker game and finding his wife unresponsive, Schlather said.

Wetmore said the GPS reading is irrelevant since he will argue that Clayton hired Beard, a former employee, to kill Kelley Clayton.

The first-degree murder charge stems from the murder-for-hire theory. Schlather said he will disprove that account as well.

"They arrested Beard belatedly, and then Beard, of course, says ‘Oh yeah, but he hired me or he offered money to do this,'" Schlather said outside the courtroom. "That is a person’s worst nightmare, and no matter what wart, no matter what background or baggage each of us may have in our lives, there is a huge difference between that kind of activity and something like murder or hiring someone to kill your wife or to kill your children."

Schlather also mentioned in court that Clayton had passed a polygraph test. Wetmore immediately objected, saying those results would not be admissible at his trial.

Beard has already been indicted on first- and second-degree murder charges, and remains in the Steuben County Jail without bail.

Bradstreet set Feb. 8 as a return date to hear motions in the case.

Staff writer Kelly Gampel contributed to this report.

Follow Jeff Murray on Twitter @SGJeffMurray.