By ANDY GARDNER

MASSENA -- The Keith Bjork murder case will go before a jury on Nov. 27.

The 51-year-old Massena man is charged with second-degree murder, accused of beating to death his roommate Demar Buckner on the night of Oct. 27, 2016 at the apartment they shared at 192 Center St.

The case has been assigned to special prosecutor Gary Miles, said Josh Haberkornhalm, a St. Lawrence County assistant district attorney.

The ADA said during a suppression hearing, Bjork revealed that District Attorney Mary Rain had represented him in a felony criminal contempt case in 2010, when she was a defense attorney.

“If I had to cross examine him on prior conduct my boss had represented him on, that would create and appearance we had used information gleaned from his prior representation … a not good situation,” Haberkornhalm said during an Oct. 4 phone interview. “It’s just one of those things that came to light, no misconduct or anything. It’s just she happened to represent him … and it came out at the hearing.

“We did what was appropriate and obtained a special prosecutor.”

Miles on Oct. 4 said he had just received the special prosecutor order that day and hadn’t had a chance to get into the case file.

Bjork had been offered a plea deal, which he turned down. Haberkornhalm said they offered him a chance to plead to first-degree manslaughter and the DA’s Office would have recommended a prison sentence of at least 15 years.

Bjork is represented by Parishville attorney Richard V. Manning.

Manning says Massena police officers violated Bjork’s constitutional rights.

He says he has video of Bjork at the Massena police station yelling for a lawyer, but says officers claim they never heard him ask for one.

“I believe Mr. Bjork invoked his right to council before he spoke to police and they violated his constitutional rights by continuing to speak with him,” Manning said.

“You’re supposed to be advised of your Miranda rights to be silent and have a lawyer … there’s no doubt he was in custody, no doubt he said repeatedly that ‘I want a lawyer’ and those cops did not pay attention to that.

“We have constitutional rights that should be honored by any authority that arrests you.”

The night that Bjork was arrested, Chief Adam Love at the time said he was sent to the county jail in lieu of $100,000 bail for violating his probation because officers could smell alcohol on his breath.

Manning claims that amounts to holding him without charges, since a court had not filed a petition for a probation violation.

“There’s no question there was a violation,” Manning said, but argues Bjork could have been released “unless there’s a petition filed where a court says ‘arrest this man.’”

Haberkornhalm did not immediately return a phone call seeking additional comment on Manning’s allegations.

Bjork, a level two registered sex offender, continues to be held at the St. Lawrence County Correctional Facility in Canton.