During hearings in the cases of Michael J. Elmore and Lyndsey J. Wilcox, County Court Judge Donald O’Geen suggested on Friday that New York’s rules on discovery, which pertain to the sharing of evidence with opposing attorneys in criminal cases, are still in the process of being refined.
Both individuals face felony charges in connection with an incident at Batavia Downs on March 9 and March 10, which tragically resulted in the loss of Sgt. Thomas A. Sanfratello. He was a highly respected member of the Genesee County Sheriff’s Office, with an impressive 32-year tenure.
Friday’s hearing provides a routine opportunity for attorneys, including the District Attorney’s Office and the defense, to ensure that all documents and evidence have been properly disclosed.
The Genesee County Jail and the Sheriff’s Office have recently discovered that they failed to exchange certain documents. As a result, DA Kevin Finnell had to submit a “supplemental certificate of compliance.”
Finnell assured O’Geen that his office took the necessary steps to inform local law enforcement about the rules of discovery. They also requested all documents from the agencies involved in the case. After a thorough review by a paralegal, no missing documents were found.
After realizing that some documents were missing, he immediately reached out to the Sheriff’s Office and Batavia PD to stress the importance of having all the necessary documents. He made it clear that “all documents mean all documents.”
According to him, the jail excluded certain documents, specifically administrative ones, as well as redundant reports from the Sheriff’s Office that had already been disclosed.
According to Wilcox’s attorney, Daniel Dubois, he disagreed with the characterization that all the PDFs he received were irrelevant. He mentioned that four out of the five PDFs contained factual information that is directly relevant to the charges.
Dubois stated that they are not concerned about any miscommunication or lack of communication between the District Attorney’s Office and the Sheriff’s Office on documents.
O’Geen acknowledged that the situation was indeed disconcerting, but he attributed most of the confusion to the new law. There are still unresolved matters regarding the disclosure requirements. He added that it appeared the DA’s office had thoroughly performed its necessary investigations.
O’Geen expressed concern over the inability of local law enforcement to comprehend the comprehensive nature of the term “everything.”
During the subsequent hearing, Elmore’s attorney echoed the same concerns regarding the disclosure of documents. He acknowledged that the rules governing this matter are relatively new, and as such, there haven’t been any definitive rulings from higher courts that outline what precisely constitutes compliance.
Judge O’Geen extended an invitation to both attorneys to file motions challenging the discovery. They have been given until October 1st to submit their motion papers. Additionally, he granted Finnell a deadline of October 8th to file any response. In the event that a hearing is required, it will take place on October 16th, which is the plea cutoff date.
Elmore is facing several criminal charges for his alleged assault on Sanfratello, which include first-degree aggravated manslaughter. Wilcox, on the other hand, is also facing multiple charges such as burglary and assault.
On March 9, Batavia Downs officials asked both individuals to leave the premises. As they were being escorted out, a struggle broke out. According to reports, the situation escalated when Elmore left the building and returned with heavy chains in his hands, which were originally intended as jewelry. Elmore is alleged to have used the chains to strike Sanfratello during the altercation. Tragically, Sanfratello suffered a medical issue and passed away on the scene the following day, March 10.
