LIVINGSTON COUNTY – Livingston County District Attorney Greg McCaffrey said Wednesday that transcripts of an audio recording of a 911 call allegedly made by Danielle Allen should not have been published once they were released by a non-law enforcement entity.
McCaffrey said that the transcript of the audio recording, which was first published by the Livingston County News and never published by the GeneseeSun.com, should first of all never have been released by mistake, and second of all should not have been published before being heard in open court.
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“I prefer that no matters of evidence become public until they’re in court because that potentially does prejudice a jury or makes the case more difficult to prosecute,” said McCaffrey. “The Sheriff’s Office runs the 911 center. Repeated requests were made for the 911 tape. It doesn’t come from me. I’ve never released any information on this case.”
When directly asked by Rochester media, McCaffrey said, “I know the Sheriff’s Office did not release the tape. It was done through error and probably should not have been made public.”
McCaffrey declined to comment on each and every aspect of evidence asked about by Rochester media, from Allen’s potential injuries to statements she allegedly made to investigating Livingston County Sheriff’s deputies.
Allen, 21, appeared in court Wednesday alongside her two attorneys, Cheryl Myers-Buth and Joel Daniels, both of whom are highly respected Buffalo criminal defense attorneys.
“We do enter a plea of not guilty on behalf of Ms. Allen,” said Daniels. “We request a reasonable time in which to file motions.”
A Grand Jury indicted Allen for manslaughter, alleging that she purposely ignored the risk of death to her boyfriend, Marcus Postell, 22, when she allegedly stabbed him in the chest with a knife.
Allen’s father, Major Rick Allen of State Police Troop E, walked her to and from court. Much attention has focused on Allen’s family ties since this case began on Nov. 21. 2016. The Sheriff’s Office handled the investigation and arrest. Sheriff Thomas Dougherty said during the investigation and at the time of the arrest that State Police played no role in this investigation.
“You know, we all look for the successful prosecution of the…the person who killed our loved one and that’s about all we can do at this point,” said a family member of Postell outside of court.
If convicted, Allen would face a maximum of 5 to 15 years in prison.
McCaffrey appeared in court as prosecutor. He recommended that Allen’s bail remain at $25,000 cash or $50,000 bond. Judge Robert Wiggins did so.
“Ms. Allen was arraigned in York justice court. Bail was set at $25,000 cash or $50,000 secured bond,” said McCaffrey. “She has posted bail and been released. Seeing as she has no criminal record and appears here voluntarily with counsel, we are asking that bail continue.”
She left the courthouse with her parents to return at a later date for the argument of motions.
In a possibly unprecedented decision for a Livingston County Court Judge, Judge Robert Wiggins allowed the media to take photos and video inside the courtroom for this court appearance with the stipulation that no audio be recorded.