Accused of arson and attempted murder, Rochester resident Andre L. Scott, 30, will take his case to trial Aug. 23.
Today was the plea-cutoff date. Scott's attorney, Thomas Burns, said his client is well aware of Judge Robert C. Noonan's strict deadlines for plea deals but still rejected a plea offer by District Attorney Lawrence Friedman.
Friedman offered to reduce the charge to attempted arson, 2nd, a Class C felony with no sentence conditions.
Noonan also confirmed today that he denied defense motions to suppress some evidence gathered by Batavia Police detectives.
In his written ruling, Noonan wrote, "The Court therefore finds that, although the parole officers were cooperating with police investigating an arson, they were not acting solely on behalf of the police when seizing the defendant's cell phones and saliva samples."
Burns had argued that a search of Scott, his car and apartment were conducted at behest of the police and some of the parole officers' actions -- such as how the saliva samples were gathered -- were done entirely in the furtherance of the police investigation and not part of the functions of parole officers.
Scott is accused of starting a fire at 12 Elm St., Batavia, on Jan. 12, 2009, in an alleged attempt to kill the father of his recently estranged girlfriend.
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