A 13WHAM News Investigation Continues:
Knowing the significant questions People v. McNair raises 13WHAM News spent the past two weeks closely examining evidence, testimony, court filings, and public statements by those involved in this case.
The information attached and below was presented during a suppression hearing in which the defendant challenges how evidence used against him was obtained in the course of this investigation.
At the conclusion of this hearing the judge determined only evidence supporting two traffic violations and the possession of a small amount of cocaine was legally sufficient to present at trial; all charges related to evidence seized inside 375 Roxborough Rd. were dismissed.
Below is a detailed narrative of what transpired with what we believe to be relevant testimony and evidence. Where possible we’ve added appropriate perspective from various parties involved.
MARCH 14, 2012
A Tactical Unit of the Rochester Police Department is conducting surveillance on 375 Roxborough Rd around 7 p.m. based on information received a day prior. Officer Ryan Hartley testifies in court that the information came from a "concerned citizen" but further testimony reveals that the "concerned citizen" is in fact a "confidential informant" who was the subject of a police stop for not using a crosswalk.
We have no information as to what that confidential informant (C.I.) testified to as that occurs in a closed proceeding (Darden Hearing) but Judge Randall's decision indicates that "police found 56 bags of cocaine and a little knife" on the C.I. when he was stopped. The Locust Club Police Union puts little weight in this testimony yet Judge Randall did credit the C.I. in his decision.
Officer Hartley states that he saw Christopher McNair enter the Roxborough Rd. home with a key that unlocked a front porch door. He then saw McNair leave 15 minutes later at which point he instructed nearby uniformed officers to pull McNair over knowing he was driving without a valid driver's license. Upon observing McNair make a turn without using a signal properly, Officer Brandon Ince and his partner pull McNair over.
McNair speeds into a nearby parking lot on Chili Avenue, discards a small baggie of what was later determined to be cocaine, and is taken into custody. Officers remove the keys from his vehicle and transport them back to Officer Hartley at 375 Roxborough Road a little before 8 p.m.
By the end of March 14, 2012 officers had searched 375 Roxborough Road, discovered a large amount of drugs, paraphernalia, cash, and a shotgun with shells. McNair was charged and later indicted and the events of March 14, 2012 between approximately 8 p.m. and 11:30 p.m. become the focus of this suppression hearing and this 13WHAM News Investigation.