Lockport Union-Sun & Journal Online

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March 1, 2013

Jury to deliberate animal cruelty case

(Continued)

Lockport Union-Sun & Journal — In testimony that was heard by Punch but not the jury, Orleans County Sheriff’s Sergeant  Dean Covis said Richard Keihl expressed a similar sentiment while sitting in his patrol car outside of the County Jail following his initial arraignment in Carlton Town Court.

“He said that he ‘couldn’t believe had to go through all of this for what I did ... or what you said I did’ ,” Covis testified.

Covis said the comment was unprompted by an un-mirandized Keihl. Defense attorney Larry Koss objected to the testimony about the statement, which was not included in the 710.30(1)(a) notices given by District Attorney Joe Cardone to Keihl’s counsel prior to the trial.

Cardone argued that the statement, like those made by un-mirandized defendants at a crime scene, are not required to be included in the pre-trial notices.

“I’ve not seen a case without a post-arraignment statement not given as a 710.30(1)(a) notice,” Punch said before sustaining Koss’ objection. “The Court of Appeals ... has ruled it’s not exempt.”

Cardone and Koss are scheduled to present their closing arguments to jurors Friday morning in Orleans County Court.

Contact reporter Jim Krencik at 798-1400, ext. 6327.

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