A local man will receive a new trial after Cayuga County Judge Mark Fandrich called for a new pretrial hearing regarding the admissibility of evidence.
The trial of Scott Cardinale, 27, of 3 McConnell Ave., Auburn, was about to begin when Cardinale's lawyer, Kenton Foulke, said he had not received all of the arrest reports regarding his client's case.
Cardinale is charged with second-degree burglary, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and fourth-degree conspiracy, after he and his codefendant, Ignatius Digaetana, 34, were accused by police of stealing a computer and office equipment from a Fort Street apartment.
Digaetana was convicted on April 9 for the burglary and was sentenced to two to four years in prison.
Foulke wanted to use the arrest reports to compare the testimony of what Auburn police would say during trial with what the reports indicated happened.
When Chief Assistant District Attorney Christopher Valdina produced the arrest reports that were requested, Foulke said he did not have transcripts of the pretrial conference, which he needed to compare what the officers said during the pretrial hearing with what they would say during the trial, in addition to a comparison with the arrest reports.
When Foulke was handed a copy of the transcripts, he asked for a postponement in order to hold a new pretrial hearing because he never received the arrest records during the original hearing.
During the original pretrial hearing, Foulke said he discovered he never received some of the arrest reports when he questioned one of the investigating officers.
Foulke then moved to have the case dismissed on the basis that Valdina failed to turn over all of the evidence.
Fandrich denied the dismissal but said Foulke was entitled to the reports, which Foulke said he never received.
Fandrich said the current situation warranted a new pretrial conference to go over all of the evidence.
Because a conference would spread the prosecution's testimony out over several days, Valdina's motion for a mistrial was accepted, which would allow the case to be presented to a new jury.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Cardinale is charged with second-degree burglary, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and fourth-degree conspiracy, after he and his codefendant, Ignatius Digaetana, 34, were accused by police of stealing a computer and office equipment from a Fort Street apartment.
Digaetana was convicted on April 9 for the burglary and was sentenced to two to four years in prison.
Foulke wanted to use the arrest reports to compare the testimony of what Auburn police would say during trial with what the reports indicated happened.
When Chief Assistant District Attorney Christopher Valdina produced the arrest reports that were requested, Foulke said he did not have transcripts of the pretrial conference, which he needed to compare what the officers said during the pretrial hearing with what they would say during the trial, in addition to a comparison with the arrest reports.
When Foulke was handed a copy of the transcripts, he asked for a postponement in order to hold a new pretrial hearing because he never received the arrest records during the original hearing.
During the original pretrial hearing, Foulke said he discovered he never received some of the arrest reports when he questioned one of the investigating officers.
Foulke then moved to have the case dismissed on the basis that Valdina failed to turn over all of the evidence.
Fandrich denied the dismissal but said Foulke was entitled to the reports, which Foulke said he never received.
Fandrich said the current situation warranted a new pretrial conference to go over all of the evidence.
Because a conference would spread the prosecution's testimony out over several days, Valdina's motion for a mistrial was accepted, which would allow the case to be presented to a new jury.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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