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Photo, statement allowed in Tan case

Pittsford, N.Y. - There are new developments in the case of Charlie Tan, a Pittsford teen accused of murdering his father.

A Monroe County Judge ruled that a still photo taken from a video at the Ithaca Walmart and a statement made by Tan to police can be used at his trial.

Tan is facing a second degree murder charge in his father's death. He is currently out on bail.

Before proceedings Wednesday, the defense withdrew its request to suppress the statement Tan made to police, that according to the defense attorney said, "I had to do it. I believed he was going to kill my mother."

An employee from the Ithaca Walmart, where the video was taken, claims that Tan tried to buy a shotgun from the store before his father was found dead.

The prosecution says that the judge's decision gives them another tool to use.

"That provides us greater opportunities and choices of how to construct our evidence at trial, so we would always want to have as many tools as possible at trial so it is anouther path we are capable of using at trial," said Assistant District Attorney William Gargen.

The defense responded to the decisions saying that it was not surprising and it's not detrimental to their case, which is based around a history of domestic violence in the Tan house.

"Well, that's certainly going to be a central part of the case, there are reports that the police department had been to the house over 18 times in the eight years prior to this event, as recently as a week before and that's certainly something that's going to come into play," said James Nobles, Tan's defense attorney.

The court is still waiting for the final autopsy results on James Tan. The actual date of his death is still unknown.

The prosecution says the results should be done by mid-August. The judge requested that they be sped up and completed by early August.

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