The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.
District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.
The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.
Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.
"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes.
Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.
Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."
Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.
The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.
Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.
Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.
Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.
For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").