Accused scammer can have his words used against him, court rules
NORWICH – A Plymouth man who allegedly purchased four vehicles using bad checks appeared in court on Monday and argued a written record of a conversation between himself and a deputy shouldn't be used against him because he didn't sign it.
Russell W. Davis, 48, of Plymouth is charged with four counts of fourth-degree grand larceny, a class E felony, and first-degree scheme to defraud, a class E felony.
On March 19, in the Town of Plymouth, Davis allegedly stole several vehicles using a faulty check, including a 2006 Nissan Sentra, a 1997 Subaru Legacy, a 2004 Yamaha motorcycle, and a 2003 Chevrolet Impala, said police. His indictment states the total amount obtained by the defendant was $6,200 in stolen goods.
Sheriff deputies claim Davis admitted to aspects of the crime in an oral conversation with police. The defense sought to keep that record out of the pending court case this week.
Although the exact words of the statement weren't discussed in the courtroom, Defense Attorney Scott Clippenger objected to the statements making it into evidence, because Davis hadn't signed it.
"Judge, this statement was not signed by Mr. Davis," said Clippenger.
While the statement was eventually allowed into evidence, Chenango County Court Judge Frank Revoir Jr., reserved his decision on motions made during the hearing.
In court, Chenango County District Attorney Joseph McBride said Davis is a predicate felon that could receive three years in prison if he's convicted.
McBride said in two separate written statements, Davis admitted to using the checks to purchase vehicles throughout the area.
Chenango County Sheriff's Office Deputy Anthony Lawrence testified on the alleged thefts and said Davis was arrested after a number of bad check complaints were filed with the sheriff's office.
"Following some complaints, we discussed numerous instances where Mr. Davis was purchasing vehicles with checks from an invalid bank account," said Lawrence. "I then met with Mr. Davis, and he indicated one of the vehicles had already been sent to Otsego Auto Crushers."
Davis is scheduled to return to court at a later date.
Russell W. Davis, 48, of Plymouth is charged with four counts of fourth-degree grand larceny, a class E felony, and first-degree scheme to defraud, a class E felony.
On March 19, in the Town of Plymouth, Davis allegedly stole several vehicles using a faulty check, including a 2006 Nissan Sentra, a 1997 Subaru Legacy, a 2004 Yamaha motorcycle, and a 2003 Chevrolet Impala, said police. His indictment states the total amount obtained by the defendant was $6,200 in stolen goods.
Sheriff deputies claim Davis admitted to aspects of the crime in an oral conversation with police. The defense sought to keep that record out of the pending court case this week.
Although the exact words of the statement weren't discussed in the courtroom, Defense Attorney Scott Clippenger objected to the statements making it into evidence, because Davis hadn't signed it.
"Judge, this statement was not signed by Mr. Davis," said Clippenger.
While the statement was eventually allowed into evidence, Chenango County Court Judge Frank Revoir Jr., reserved his decision on motions made during the hearing.
In court, Chenango County District Attorney Joseph McBride said Davis is a predicate felon that could receive three years in prison if he's convicted.
McBride said in two separate written statements, Davis admitted to using the checks to purchase vehicles throughout the area.
Chenango County Sheriff's Office Deputy Anthony Lawrence testified on the alleged thefts and said Davis was arrested after a number of bad check complaints were filed with the sheriff's office.
"Following some complaints, we discussed numerous instances where Mr. Davis was purchasing vehicles with checks from an invalid bank account," said Lawrence. "I then met with Mr. Davis, and he indicated one of the vehicles had already been sent to Otsego Auto Crushers."
Davis is scheduled to return to court at a later date.
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