Pre-trial Hearings Held For Man Facing Assault Charges

By: Ashley Babbitt

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.

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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.

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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.

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