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LDC case back before a judge
LDC case back before a judge
Rochester, N.Y. --- Four defendants involved in Monroe Countys LDC investigation were in court Wednesday.
The big question was would charges against the husband of Monroe County Executive Maggie Brooks be dropped? The answer is no, at least not yet.
Also in court on Wednesday, the prosecution revealed there are approximately two million pages of documents they plan to turn over to defense lawyers as part of the discovery process.
Status of Wiesner Charges
When charges were first filed against Robert Wiesner, the husband of Maggie Brooks, his lawyer immediately submitted a motion to dismiss to the judge. The argument was that Wiesner notified the Attorney Generals Office in early July of his desire to testify before the grand jury and that never happened.
The AGs Office conceded as much in a response to that motion but stated their intent to re-present evidence against Wiesner to a new grand jury.
Wiesners lawyer, James Nobles, then submitted motion papers arguing that Judge Robert Noonan dismiss the case with prejudice meaning the charges could not be pursued again.
"The judge reviewed our motion to not re-present the case and said he has a lot of questions which is what we've been saying since the beginning of the case, said Nobles after court on Wednesday. We are six weeks into it, we still haven't seen any evidence against my client and we're anxious to actually see what there is.
Perp Walk Problems?
Part of Nobles argument on behalf of his client dealt with the conduct of the Attorney Generals Office during the arrest of Wiesner and the three co-defendants. A press release notified local media of the arrests and where the men would be walked in handcuffs to the police department for processing, and then on to court.
The AGs Office conceded that the actions of the press office were not acceptable but in court on Wednesday Assistant Attorney General Ann Marie Preissler noted that it is common practice to keep defendants in handcuffs for their own safety and that of others. Preissler noted that a defendants state of mind can be very unpredictable following their arrest.
"I think you need to take account for every possibility and you're in charge of protecting both the public and the defendants, said Preissler after court. All other inquiries were directed to the AGs Press Office. A spokesman informed 13WHAM News that the office had no comment at this time.
I dont think that it is a slam dunk that Im going to grant re-presentment of this case to another grand jury, Judge Noonan stated in open court. All of the things that followed this indictment are very troubling.
The Other Cases
Could that perp walk impact other cases in this indictment?
"The fact that you guys were notified of a sealed indictment before it was unsealed, that clearly is a violation, said Michael Schiano, the lawyer for co-defendant Dan Lynch. And don't forget in my guy's case, in Mr. Lynch's case, he surrendered two weeks before, voluntarily, and then he voluntarily surrendered the second time but he was already processed on the first charges that were superseded into the new indictment.
Lynch was the lone defendant arraigned prior to his co-defendants. Lynch is named in all 25 counts of the indictment.
Co-Defendant Nelson Rivera, Monroe Countys former Information Services Director, was granted the return of his passport in court on Wednesday. His lawyer explained that Rivera had a new job with a consulting firm that expected him to travel to Canada and Central America. Judge Noonan allowed the return of Riveras passport that had to be surrendered at his arraignment last month, and ordered the posting of a $25,000 bond to help secure his return to court.
Judge Noonan reserved two dates in January and two more in March for the defendants to return to court so additional issues and motions can be addressed.