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Dejac's Attorney Wants Former Prosecutor Muffled

By Joyce Kryszak

http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-673410.mp3

Buffalo, NY – The man who prosecuted Lynn Dejac 14-years ago could be told by the court to back-off the current investigation and trial.

At a pre-trial hearing Monday, defense attorney Andrew LoTempio complained to Supreme Court Justice Russell Buscaglia that it is inappropriate for Joseph Marusak to interfere with the new trial.

Last month, the former prosecutor unveiled a web site with what he called the true facts of the case. LoTempio said Marusak also instructed witnesses not to talk with the defense or even police.

LoTempio says a former lead detective on the original case, who is now with the District Attorney's office, also instructed witnesses. The judge instructed LoTempio to submit a motion with his request that the parties be restrained form such comments.

Erie County District Attorney Frank Clark said witnesses are told they can talk, or not talk, to anyone they choose. As for Marusak, Clark said freedom of speech entitles him to also say whatever he wants.

Meanwhile, the defense is seeking to have all charges against Dejac dropped.

One of the charges, deparved indiference, is no longer allowed for new trials. And LoTempio said double jeopardy would be triggered under the two other charges. He said intent, which is an element of the manslaughter in the first charge, was already rejected by the first jury. And LoTempio said Dejac has already served the maximum punishment for the lesser manslaughter charge.

The judge will rule on the motion on February 26. That will not too soon for Dejac. She visibly flinched when murder scene photos of her daughter were discussed in court. Dejac said she is eager for the focus of the case to shift.

"I just hope that it all is over, so they can find the real killer of my daughter, that's what I hope for," said Dejac.

The judge will also rule later this month on whether or not to enjoin marusak from being involved with the investigation.

Click the "listen" icon above to hear Joyce Kryszak's story now or use your podcasting software to download it to your computer or iPod.