LIVINGSTON COUNTY – Attorney’s for Danielle Allen, who was charged with Manslaughter in the Second Degree in connection to the death of Marcus Postell, filed motions for the suppression of evidence citing sloppy paperwork by the Livingston County Sheriff’s Office and former Judge Walter Purtell.
Allen’s Attorneys, Cheryl Myers-Buth and Joel Daniels filed the motion on behalf of their client citing that after responding to the 911 call investigators went to Hon. Walter Purtell, Town of York Justice, and returned with a legally insufficient search warrant. If that warrant is found to be insufficient then all evidence collected from that location would be suppressed.
Daniels stated in court that the evidence collected was not appropriately logged and that Judge Purtell’s search warrant was too generalized.
Livingston County District Attorney, Greg McCaffrey strongly opposed defense counsels’ arguments.
“It was at the request of the defendant who called 911,” said McCaffrey. “She invited them in she begged them to be on the scene.”
Daniels argued that the Livingston County Sheriff’s Office investigators, who were not the first responders on scene, were unfamiliar with the crime scene and should not have been the ones to collect the evidence.
According to McCaffrey Livingston County Sheriff road patrol deputies responded to the scene and after it was secured investigators requested a search warrant. They returned with the warrant signed by Judge Purtell, and Livingston County Sheriff investigators then collected evidence.
“You wouldn’t want road patrol collecting evidence, you would want someone highly trained,” said McCaffrey.
Daniels stated that the Sheriff’s Office did follow the rules when road patrol left and did not return until they had a search warrant, however, since Judge Purtell signed a ‘no knock’ warrant the crime scene is available to investigators between the hours of 6 a.m. and 9 p.m. Livingston County Sheriff Investigators entered the home at 2:30 a.m.
Livingston County Judge Robert Wiggins reserved his ruling on the matter as well as the request by 13WHAM for the release of matters of evidence.
If convicted, Allen would face a maximum of 5 to 15 years in prison.