AUBURN - Cayuga County Judge Mark Fandrich ruled in a burglary trial Tuesday that a potential witness cannot be called to testify because the witness might incriminate himself on the stand.
Without the jury present, Rodney "Buddy" Linderberry, of Lansing, cited his Fifth Amendment privilege against incriminating himself when asked questions by defense attorney Dennis Sedor about his possible role in the theft of an ATM from the Smith IGA in Genoa.
Sedor's client, Christopher Balog, 37, of Auburn and Lansing, is accused of stealing a bottle of Southern Comfort and cash from Genoa's King Ferry Pizzeria and bowling alley; beer and cigarettes from the Wilcox General Store; $3,000 worth of power tools from Ag Trac Parts; and the ATM from Smith IGA. All of the burglaries occurred in September 2004.
Linderberry was convicted in a Locke Town Court trial of a misdemeanor charge of fifth-degree criminal possession of stolen property for selling stolen Ag Trac tools to another Lansing resident. He was sentenced to one year in Cayuga County Jail.
Linderberry also has a misdemeanor charge of fifth-degree criminal possession of stolen property pending in Lansing.
Authorities say he was in possession of the ATM in Lansing. Balog's attorney, Dennis Sedor, said he believes Rodney Linderberry and Stephen Linderberry committed the four burglaries.
Stephen Linderberry testified last week that he and Balog committed the burglaries, but Rodney Linderberry helped them open up the ATM machine and received $500 from the ATM.
"Based on people's own witnesses, Rodney Linderberry was involved in these burglaries up to his neck," Sedor said.
Cayuga County Assistant District Attorney Chris Valdina said there are many reasons a potential witness may exercise the Fifth Amendment privilege.
It would be unfair to call such a witness in front of the jury because the exercising of the Fifth Amendment might lead the jury to believe it was the witness and not the defendant who committed the crimes a defendant is on trial for, Valdina added.
Linderberry was subpoenaed by the district attorney's office to be a witness, but he was not called to testify by Valdina.
Balog's friend, Stephen Mills, a Cortland real estate developer, testified Balog had severe shoulder and back injuries that precluded his friend from helping him move a refrigerator in a rental unit and from sliding under Mills' pickup truck to complete a simple repair during the summer of 2004.
A doctor's report listing Balog as disabled from his mechanic's trade was allowed as trial evidence.
Balog's mother, Jolan Balog, testified she had Balog arrested several years ago when he forged her signature on some of her personal checks.
She said she wouldn't lie to protect her son, and she doesn't think he was involved in last fall's south county burglaries. More defense witnesses will testify today.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Sedor's client, Christopher Balog, 37, of Auburn and Lansing, is accused of stealing a bottle of Southern Comfort and cash from Genoa's King Ferry Pizzeria and bowling alley; beer and cigarettes from the Wilcox General Store; $3,000 worth of power tools from Ag Trac Parts; and the ATM from Smith IGA. All of the burglaries occurred in September 2004.
Linderberry was convicted in a Locke Town Court trial of a misdemeanor charge of fifth-degree criminal possession of stolen property for selling stolen Ag Trac tools to another Lansing resident. He was sentenced to one year in Cayuga County Jail.
Linderberry also has a misdemeanor charge of fifth-degree criminal possession of stolen property pending in Lansing.
Authorities say he was in possession of the ATM in Lansing. Balog's attorney, Dennis Sedor, said he believes Rodney Linderberry and Stephen Linderberry committed the four burglaries.
Stephen Linderberry testified last week that he and Balog committed the burglaries, but Rodney Linderberry helped them open up the ATM machine and received $500 from the ATM.
"Based on people's own witnesses, Rodney Linderberry was involved in these burglaries up to his neck," Sedor said.
Cayuga County Assistant District Attorney Chris Valdina said there are many reasons a potential witness may exercise the Fifth Amendment privilege.
It would be unfair to call such a witness in front of the jury because the exercising of the Fifth Amendment might lead the jury to believe it was the witness and not the defendant who committed the crimes a defendant is on trial for, Valdina added.
Linderberry was subpoenaed by the district attorney's office to be a witness, but he was not called to testify by Valdina.
Balog's friend, Stephen Mills, a Cortland real estate developer, testified Balog had severe shoulder and back injuries that precluded his friend from helping him move a refrigerator in a rental unit and from sliding under Mills' pickup truck to complete a simple repair during the summer of 2004.
A doctor's report listing Balog as disabled from his mechanic's trade was allowed as trial evidence.
Balog's mother, Jolan Balog, testified she had Balog arrested several years ago when he forged her signature on some of her personal checks.
She said she wouldn't lie to protect her son, and she doesn't think he was involved in last fall's south county burglaries. More defense witnesses will testify today.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
The Citizens' Say
There are No comments posted.