Tuesday, May 19, 2009

Officer Accused of Coercing Women into Sex Wants Closed Court Hearing

An attorney for a suspended Greece police officer accused of coercing two women into sex wants a closed-court hearing on attempts by prosecutors to introduce at trial other alleged “bad acts” committed by the officer.

Attorney Scott Green, who represents suspended officer Gary Pignato, filed a request Tuesday asking that a filing from the District Attorney’s Office be sealed. The filing from the DA’s Office, known as a Molineux filing, is a record that typically outlines other “bad acts” or crimes prosecutors allege were committed by a defendant.

Green also asked that County Court Judge Alex Renzi close a pre-trial hearing where the judge would determine whether the allegations could be allowed at trial.

In his motion, Green contends that there is a good chance the information could not be permitted at trial. He also argues that, if publicly released, the allegations in the Molineux filing would taint the local jury pool.

Pignato’s case “has received almost daily publicity and scrutiny from a number of media outlets,” Green wrote.

Pignato is accused in two separate incidents of coercing women into sex. In his filing, Green does not specify what other allegations are made by the DA’s Office in the Molineux filing but notes that he “believes that all but one of the alleged incidents … have not been made public.”

Attorney Christopher Thomas, who represents the Democrat and Chronicle, said the records should be public, as should the hearing.

"The press serves as the public's eyes and ears in the court, since most people cannot come to court to see what is happening there," Thomas said. "That's why openness is so important. This strong presumption of access includes the pre-trial phase, as in this case."

Thomas said he doubted the publicity would impinge on the likelihood of finding an impartial jury.

"The experience in Monroe County is that fair and impartial juries have been seated in cases which are far more notorious," Thomas said.
_________________________
http://www.whec.com/news/stories/S938333.shtml?cat=572

No comments: