Rochester, N.Y. -- Attorneys for a fired Greece police sergeant are asking the judge to dismiss charges in a case which is linked to a criminal investigation of the Greece Police Department.
Brian Ball is accused of falsifying information from a 2005 accident that killed 18-year-old Stephanie Oliva of Greece.
Tuesday, his attorney asked that the indictment be dismissed, claiming he was not given sufficient notice of grand jury testimony in the case.
“In this particular case, we had no idea as to what the allegations were for investigation purposes, and even to this date, when you review the indictment and the materials, we still don’t know what they're saying he did wrong,” said Ball's attorney Jon Getz.
Prosecutors responded and the judge has reserved decision.
“The allegation is, he said the toxicology was clean when, in fact, it wasn't,” said attorney Sandra Doorley. “I don't know [why] and we have a young woman who died in this case… we believe it was intentional.”
Prosecutors say that double jeopardy issues prevent them from moving forward on criminal charges against the other drivers in the case.
The judge set two trial dates for Brian Ball -- January and April of 2010.
