If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.
Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.
In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."
Asked whether he would issue such a subpoena, Burns responded:
The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.
Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.
The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.
There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.
Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.
For previous coverage of the Ronald J. Wendt case, click here.
