Lawyer: Son of man murdered by Stacey Castor wins right to move his father's remains

OWASCO, N.Y. -- A state Supreme Court judge has given David Castor Jr. permission to remove his father's remains from where they are currently buried, according to his attorney.

David Castor Jr.'s father is buried in a plot at the Owasco Rural Cemetery owned by Stacey Castor, who was convicted of murdering David Castor Sr. using antifreeze.

The plot is also the resting place of Stacey's first husband, Michael Wallace. During Castor's highly charged 2009 trial for the murder of David Castor Sr., Onondaga County District Attorney William Fitzpatrick submitted evidence that Castor had also poisoned her first husband, Michael Wallace through a combination of anti-freeze and rat poison.

Since that conviction in 2009, David Castor Jr. has been seeking permission to move his father's remains to a new burial site. In court paperwork, Castor Jr. had referred to the plot owned by Stacey Castor as "Stacey's Shrine of Evil," and said it was troubling to know the woman who had murdered his father intended to be buried next to him. Stacey Castor died last Saturday in prison. Onondaga County D.A. Bill Fitzpatrick said an autopsy will be conducted to determine how she died.

Now Castor's attorney James Meggesto tells CNYCentral David Castor Jr.'s request to move his father's remains has been granted. Meggesto went back to court after Stacey Castor died to see if the judge overseeing the case would take action.

"We went back to the judge and asked if we could move this up because of the untimely death of Stacey Castor and the possibility that she might be buried in the same plot which is the reason the petition was brought in the first place," said Meggesto.

The court order allows David Castor Jr. to move his father's remains to a cemetery in Cicero and also allows him to destroy this headstone saying David Castor was the husband of Stacey Castor.

"I think if the family is able to move the remains and have them reburied, it will give some closure to this measure," said Meggesto.

On the headstone of Stacey Castor's first husband, Michael Wallace, there is a space for Stacey Castor and it reads "together forever."

Some of Wallace's family members are hoping they are forever apart. On a Go Fund Me web page, one of Wallace's relatives is asking for help with the costs of a new headstone. They want one that does not mention Stacey Castor.

Stacey Castor gained national notoriety when she was tried and convicted in 2009 for killing her second husband, David Castor, by poisoning him with antifreeze, and for attempting to murder her own daughter, Ashley Wallace, in a failed attempt to pin the crimes on her.

During the trial, prosecutors said Castor poisoned David Castor over a four-day weekend - their anniversary - using a kitchen baster to slip him the antifreeze, and then staging the scene to make it appear he was depressed, had gotten drunk and then killed himself by drinking the toxic liquid.

Castor's alleged motive was to seize her dead husband's $300,000 estate through a forged will.

Castor was serving a sentence of 51 years to life in prison.