JUDGE RANDALL'S RULING:
A statement issued by D.A. Sandra Doorley (attached) indicates that "Judge Randall's strongly worded August 8th decision" that "called into question Officer Hartley's credibility compelled the District Attorney's Office to conduct an immediate review of this particular case."
Specifically Monroe County Court Judge Doug Randall's decision states: "Officer Hartley's testimony stating that no one entered the residence at 375 Roxborough Road until he returned with a signed search warrant is sufficiently discredited by the testimony of the confidential informant, Maggie Bell, Nakeya Bell, Stephen Fischer and the timing of the 911 calls, the motion sensor alarm, the ADT Security alarm notifications, and the CAD reports related to what occurred inside the residence at 375 Roxborough Road on March 14, 2012."
The judge notes that testimony from Maggie and Nakeya Bell was "not impeached with any criminal history, nor prior inconsistent statements."
He continues by stating that, "This court determines that a warrentless search of the residence at 375 Roxborough Road did take place prior to securing and executing a search warrant and the people failed to present any evidence of exigent circumstances for the entry."
The Locust Club Police Union points to this statement as an indictment on the prosecution for failing to present evidence that supports the officers’ testimony and account of events.
The judge also notes multiples times on Page 13 of his decision that Officer Hartley's credibility is "called into question" and his testimony is "contradicted."
13WHAM News notes that a prior ruling by Judge Randall in an unrelated and still pending homicide case out of Brighton (People v. Wyant) was unanimously overturned by the Appellate Division. Law enforcement and legal sources have raised that as a reason one might question Judge Randall’s judgment and credibility. Judge Randall, who is in the first year of his term on the bench, has not responded to a request for comment likely due to ethical guidelines for judges.
