NORWICH – The man charged with two counts of assault, one count of burglary, and other crimes relating to a domestic dispute in 2014 appeared in Chenango County Court Friday for pre-trial hearings.
In May 2014, 42-year-old Christopher Turner was indicted on two counts of first degree assault, a class B felony; burglary in the first degree, a class B felony; burglary in the second degree, a class C felony; assault in the second degree, a class D felony; aggravated criminal contempt, a class D felony; and four counts of endangering the welfare of a child, a class A misdemeanor.
It is alleged that on April 12, 2014, in the Town of Preston, that Turner did intentionally enter and remain in a residence where it’s further alleged that he intended to and did cause serious physical injury to two individuals, one of whom had a lawful order of protection against Turner.
Two victims – according to a release from the CCSO from the time of the arrest – were transported to local hospitals to be treated for their injuries. It was confirmed that the weapon of a stun gun was used in the incident. Authorities also said four children were in the home at the time of the incident.
Turner appeared with his defense counsel F. Paul Battisti for the hearings Friday. The people were represented by First Assistant District Attorney Michael Ferrarese.
The two hearings held were Mapp and Huntley hearings. A Mapp hearing is a proceeding that deals with the admissibility of evidence obtained by the police as the result of an illegal search. If the court were to deem that the defendant’s rights regarding the seizure of the evidence were violated, said evidence may be suppressed. A Huntley hearing is for the purpose of reviewing the manner in which police obtained statements from the defendant. A defendant/counsel may challenge the voluntary and lawful nature of any statement made to the police if the prosecution intends to use those statements at trial. The judge will consider factors including whether or not the defendant was in custody, whether or not the defendant waived his Miranda right, and whether it statements were given of his own free will. The Huntley hearing requires that the judge must find voluntariness beyond a reasonable doubt before the statements can be submitted to a jury by the prosecution.
Ferrarese called one witness to the stand at the proceeding, Chenango County Sheriff’s Deputy Nathan Warner.
Warner said he has been employed with the CCSO for slightly more than four years, and was working the night of April 12, 2014. “As I was getting ready, there was a call for a domestic dispute on County Road 4,” Warner said. He explained that his shift is typically 11:45 p.m. until 8 a.m., but the call came in at approximately 11:35 p.m., before their shift briefing.
According to Warner, on the overnight shift, two deputies ride in one car. Warner said he was with CCSO Deputy Cruiser.
Ferrarese asked Warner to describe what transpired that night.
“We learned of a possible domestic, heard there was a fight, taser, and someone was injured,” said Warner. He said he was also told that the subject was leaving in a Subaru down County Road 4 heading to the subject’s mother’s house.
“As we are nearing the house [where the domestic dispute was], we see a Subaru going the other way. We turned around and pulled into the driveway. The suspect entered the house.”
Warner said, “The subject was ordered out and came out compliantly.” He added that the subject was being detained for investigative purposes.
The deputy then said he verbally read from his Miranda card the words to Turner. Warner read the entirety of the card on the stand.
Ferrarese asked Warner if Turner said he understood what was read to him. “He said yes,” said Warner. Ferrarese then asked if Turner agreed to speak or answer questions. “He said yes,” said Warner.
Warner testified that Turner was detained at 11:53 p.m. and was verbally read Miranda at 11:54 p.m.
Turner was then placed in the patrol vehicle and Warner said he was awaiting his Sergeant’s arrival.
Deputy Cruiser went on foot to the location of the victims, said Warner.
Ferrarese asked if Turner remained quiet in the patrol vehicle or if he said anything. Warner said that Turner began asking questions. What Turner stated was recorded o the in-car camera.
It was stated that there is a lapse in the recording from the vehicle. Warner said that the disc had filled up, and once he noticed, he put a new disc in and began recording again.
“He said a lot of things,” said Warner. “There was a lot of talking.”
Warner read from a document statements that Turner said while in the vehicle, detained but not under arrest.
Most of the commentary is contains profanity and is unfit for print, and therefore will be omitted.
Warner said Turner was then transported back to the CCSO, and that Warner made no attempt to interrogate Turner there. “We had enough to go with,” Warner said.
Turner was transported to arraignment from the CCSO by Warner, and Warner testified that Turner continued to talk.
Turner was taken back to the scene where Warner said that Sgt. Hitt “let him [Turner] sign a search and seizure waiver and a Miranda form.”
Ferrarese asked Warner if there were any other statements Turner said. Warner testified to something he said Turner said, Battisti objected, and Ferrarese then withdrew the inclusion of the statement.
The defense then cross-examined the witness.
Battisti asked Warner if he had successfully completed a law enforcement academy, to which Warner said he completed a six month academy in 2011.
Battisti asked and Warner confirmed that a portion of said training was dedicated to DWI, filing police reports, and domestic reports. Warner responded in the affirmative.
“It’s important to put everything down as soon as possible?” asked Battisti. Warner said yes.
Battisti asked if Warner transcribed the reports in this case. Warner said he did not. “It was Deputy Crusier’s case,” he said.
When asked what he reviewed before his testimony Friday, Warner said he watched the in-car camera footage, his written notes, and Deputy Crusier’s case file.
Battisti asked how the in-car cameras work. “I know they record when you turn them on,” Warner said. He added that they can turn on manually, or they will activate when the car’s overhead lights are turned on, and they then record two minutes back. Warner said no members of the CCSO wear body cameras.
Battisti pointed out that the video stops recording at some point. “Does it record to a CD or a hard drive?” he asked. Warner was not certain.
“When you went and checked it, didn’t work the way it was supposed to?” asked Battisti. Warner said there was a period when the disc was full and when he noticed he replaced it with another.
“I don’t recall the time it stops,” Warner said. “I couldn’t tell you, I know it was a little bit.”
Warner again said that the subject was ordered out of a home verbally, and it was done so at gunpoint.
Battisti asked, “Why did you order him out of a home at gunpoint?” Warner said it was in response to directive over the radio.
Battisti confirmed with Warner that Turner was Mirandized outside of the patrol vehicle, but not in view of the car’s camera.
“I could smell alcoholic beverage,” said Warner. “He appeared to have drank alcohol.”
Battisti asked if, in Warner’s professional opinion based on his training, if Turner was impaired by alcohol or drugs. “It says impaired by alcohol, box 9,” said Warner referring to a document.
Warner confirmed that Turner was impaired by alcohol.
“He said he had a shot of Jack Daniels when he went into the house,” said Warner.
Battisti said that one of the elements with regard to the hearing Friday was to determine the voluntariness of Turner’s statements, and said intoxication could be a factor.
Warner confirmed that Turner made admissions regarding drinking.
Warner said that Deputy Cruiser witnessed the verbal Miranda reading, and Turner was handcuffed at the time.
The Miranda form was later executed when Sgt. Hitt arrived. A search and seizure form was filled out as well.
Battisti pointed out that there is a spot for both date and time on the Miranda form and search and seizure form. While there is a date and time on the search and seizure form, Warner verified on the stand that the Miranda form was either dated nor timestamped.
Warner additionally testified that the Miranda card that was verbally read to Turner and the Miranda form contain slightly different wording.
While Turner was detained at 11:53 p.m., Warner said he does not recall the time of his arrest, as he did not document it. Warner said he did not file an arrest report.
Warner referenced his 710.30 notice throughout his testimony. It is a document that stated details regarding Warner’s engagements with Turner.
Battisti asked if Warner documented the time in which Turner was Mirandized.
“I do not see anything about a Miranda warning on here,” said Warner. Additionally, Warner said that he did not see on the video or audio footage Turner being Mirandized.
Warner said that the search and seizure form was signed at 12:57 a.m. on April 13, 2014.
With regard to the statements made by Turner documented in the 710.30 and on the discs, he said he could not identify what times statements were made, as the times on the discs are the minutes of the disc, not the actual time of day.
Warner said that when Turner was detained he was not free to leave, but he did not start interviewing him. Warner said that by definition, he never interrogated Turner. “We just had a conversation back and forth,” he said.
Ferrarese on re-direct asked Warner – with regard to the defendant’s impairment – if Turner was able to speak to him and converse for a long period of time.
“When you check a box does that mean he [the defendant] was driving while intoxicated?” asked Ferrarese. Warner said no. Ferrarese asked if Warner conducted field sobriety tests. Warner said no. Warner said he checked the box regarding impairment because Turner made an admission to having had a shot of Jack Daniels.
Battisti then questioned the witness again. “Do you always say yes if an individual admits to one drink? Do you check the box?”
“I’m going to check the box,” said Warner, who then admitted he did not know Turner’s blood alcohol content as no tests were performed.
The prosecution had no further questions for the witness and the people rested.
After a brief meeting with his attorney, Turner declined to testify on his own behalf, and Chenango County Court Judge Frank B. Revoir Jr. confirmed with Turner that he and his lawyer and weighed the pros and cons of taking the stand. Turner said, “Yes,” that he understood, and he was voluntarily waiving his right to testify.
The defense then rested.
In closing, Battisti said that no make, model, color, or description of the vehicle was provided to the deputies. He said there was no license plate number, no VIN number, no name of an individual, no race or gender provided.
Battisti argued that the only element that led to the stop and arrest was the Subaru, and brought up the need for reasonable suspicion or probable cause for a motor vehicle stop. “The only element was a Subaru, that alone is insufficient,” said Battisti.
He moved to suppress any statements made by his defendant between 12:05 a.m. and 5:15 a.m on April 13, 2014.
Battisti asked the court take into consideration the testimony surrounding Miranda – when and where – coupled with the intoxication. Battisti said that if the court finds the detention of turner to be illegal, then the statements made during detention are “fruit of the poisonous tree.”
Battisti additionally mentioned that it is not known exactly when Turner was placed under arrest, or if he was Mirandized after his arrest.
“Mr. Battisti is attempting to confuse the court,” said Ferrarese during closing. Ferrarese said the deputies were going to the scene of the incident when they saw a Subaru coming from the direction of the domestic dispute. Ferrarese said Turner was read Miranda one minute into detention, and that the defendant began talking on his own accord.
“There were no interrogations, nothing forcible, every statement was constitutionally obtained,” Ferrarese said.
Revoir said the court would reserve on its decision and the decision would be made in writing.
Turner will appear in court again at a later date. He is presumed innocent until found guilty beyond a reasonable doubt.