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Judge Reserves Decision on Investigators Testimony

 
Judge Reserves Decision on Investigators Testimony
Posted Wednesday, September 4th 2013 @ 6pm  by Ian Wheatley

Rochester, N.Y. – It will still be several months before a court rules whether or not some evidence will be allowed in the case against the woman who is accused of providing the weapons used in the Christmas Eve ambush in Webster.

John Parrinello, the attorney for Dawn Nguyen, argued in court Wednesday that the statements she made to New York State Police investigators, the day her former neighbor shot and killed two firefighters, were made while she was psychologically intimidated. Parinello outlined that when investigators took Dawn Welsher, Nguyen’s mother, away from the families Christmas Eve dinner, to question her at Greece Police headquarters, the separation was meant to make Nguyen more amenable to talking with police.

State Police investigator Thomas Crowley said in testimony that the discussion that took place in an unmarked police car was voluntary and Nguyen was never detained, therefore her Miranda rights were not given to her. Crowley also said that Nguyen answered their questions and when she wished to speak with her lawyer before answering any more of their questions they granted her request and she went back into her home on Alpine Road.

“His credibility is at stake concerning what my client did or didn’t say.” Parinello said following the hearing about conflicting testimonies Crowley made today and statements made previously in state supreme court. “One of the things that I omitted to ask him, that I know for sure, is that he did not record any of the statements that she made in the van.”

After receiving the transcript at the end of this month, the defense has two weeks to look it over and submit a final argument to the court about their position to not have the investigators testimonies submitted as evidence in the trial. The prosecution then has two weeks to respond to the argument of the defense. The judge will then decide after that point whether or not the investigators testimony will be submitted.

Nguyen has pleaded not guilty to the charges that she was a “straw buyer” who lied when she signed paperwork saying the weapons used by William Spangler were for her.

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