In Genesee County Court Monday afternoon, Judge Zambito heard testimony during a Huntley hearing for Jennifer L. Serrano that will
determine the admissibility of the statements made by the Serrano to investigators on the night of August 11, 2018 and the morning hours of August 12, 2018.
The Genesee County Sheriff’s Office received a tip call after releasing a press release to the media about the investigation into the fatal hit and run accident that killed 18 year old Connor Lynskey, of Hinckly, NY in the Town of Darien on Sumner road in the early morning hours of August 11, 2018.
Lynskey was walking with a group on the south shoulder of Sumner road headed west after the Jason Aldean concert. The investigation indicated that Lynskey ran ahead of the group to catch up with another friend. When Lynskey did not show up at the campground where he was staying at Darien Lake State Park, law enforcement was contacted and then conducted a search for Lynskey.
Lynskey was not located until the next morning after police received additional information. The area was checked again on Saturday morning. Lynskey’s body was located in a ditch on Sumner road at 11:52 a.m. He was pronounced dead at the scene.
That tip provided information that led investigators to Jennifer L. Serrano, 48, of Charles street in Irving, NY.
Serrano had been charged with DWI on Rt. 77 in the Town of Darien by Sheriff’s Deputies at about 1:00a.m. on August 11, 2018, when she nearly struck a marked Genesee County Sheriff’s vehicle.
After that incident, Serrano was jailed in lieu of $1,000 bail, which she posted a few hours later.
Serrano’s vehicle was located at a relatives house in Amherst and a search warrant was executed.
She was indicted by a Genesee County Grand Jury in a four count indictment handed up September 4, 2018.
Serrano is accused of the crime of vehicular manslaughter 2nd, a class D felony, leaving the scene of the incident without reporting it, a class D felony, DWI, as a misdemeanor, as she was operating her Jeep on Sumner road and Rt. 77 on August 11, 2018 in an intoxicated condition and aggravated unlicensed operation of a motor vehicle 2nd, a misdemeanor, in that on or about August 11, 2018, on Rt. 77 and the NYS Thruway in the Town of Pembroke, while knowing or having reason to know her license to operate such motor vehicle in the State of NY was suspended or revoked and the suspension or revocation was based upon her refusal to submit to a chemical test.
During Monday’s hearing, District Attorney Larry Friedman called Deputy Robert Henning to the stand as he was the first to have contact with Serrano. Henning testified that Serrano pulled out in front of him while he was traveling north on Rt. 77 during the transport of a male subject to the Genesee County Jail from Darien Town Court on August 11, 2018 at 12:56 a.m.
Henning says he noticed a vehicle pulling out of a driveway just south of Sumner road that stayed on the shoulder of the road facing north. As he approached the vehicle it pulled out into the northbound lane and he says he had to slam on his breaks and swerve into the southbound lane to go around Serrano’s 2014 white Jeep Wrangler. After that, Deputy Henning initiated a traffic stop and then asked Serrano a couple of question and noticed she had bloodshot eyes that looked glassy and she had slurred speech and a strong odor of alcohol on her breath.
Deputy Henning then asked Serrano to exit the vehicle and according to Henning, while exiting the vehicle she used the vehicle to keep her balance as she staggered while walking . He says she appeared to be nervous and fidgeting and leaning back to hold her balance on the tire during questioning.
During the questioning, Henning asked Serrano if she had anything to drink? She replied she had drinks earlier. Then when asked how much, she said then she didn’t have any drinks, Henning asked which was it then?
Serrano’s Attorney Frank LoTempio then asked Henning if his prisoner was injured in the incident and if they were handcuffed and how fast he was traveling at the time.
Henning says that his prisoner was handcuffed at the time of the incident and testified that he never reported any injury to the male subject in the rear of the Sheriff’s vehicle. Henning says he was traveling about 55-60 mph at the time that Serrano pulled out into the northbound lane. The prisoner was transported to the Genesee County Jail by Deputy Ferrando after the incident.
Henning says he did not have much time to react and did not anticipate her pulling out. There was moderate traffic at the time as it was a concert night at Darien Lake.
Henning says he was wearing a body camera that evening, but did not say exactly when it was turned on and it could have been turned on while he was working the concert at Darien Lake.
It was about 30-40 minutes into the traffic stop when Serrano was read her Miranda Rights and arrested for DWI, LoTempio wondered why they were not read to her earlier. There were no pictures of the scene and LoTempio says that Henning asking her about her drinking did not appear in the notes or submitted video from his body camera. LoTempio says Henning continued to have conversation with Serrano during her transport to court about a breathalyzer after she was read her Miranda Rights.
Henning was unaware that Serrano was involved in a hit and run accident that killed Connor Lynskey earlier.
District Attorney Larry Friedman then called Deputy Ryan Young to the stand. Deputy Young was assigned to watch over Serrano’s sister’s residence in Amherst at about 4:30a.m. on August 12th as Amherst Police confirmed that Serrano’s Jeep was parked inside the garage there.
Young says he waited there for about three hours until daylight when Investigator Parker arrived with a search warrant. Young says he and Parker and two other Amherst Police officers observed Serrano inside and asked her to open the garage overhead door. At his time, Young says he activated his body camera, the video from his body camera was submitted as exhibit 2.
Young says that the damage to the Jeep was consistent with the damage reported in the hit and run report. Investigator Parker asked Serrano if she knew why law enforcement was there, she replied, I imagine you found my (suicide) note in my house.
After her arrest, Young was tasked with retrieving some items from the Jeep for Serrano. Inside the Jeep, Young says he found Clonazepam. When Serrano was transported to the Sheriff’s Office, Young asked if and how much she had taken, Serrano’s response was, not enough to overdose. That was last night’s plan and she laughed.
Young says he did not question Serrano about the hit and run and was aware that she had retained an attorney for the DWI charge the day before. He says he was aware that the two cases were linked and that a piece of the Jeep’s fender was located at the scene were Lynskey was found on Sumner road
Serrano’s attorneys then called that retained attorney to the stand to testify.
Attorney Mike Caffery told attorney Jack Sanchez that he was retained for $500 and met with Serrano and a third party at the Tim Horton’s in Derby, NY. in regards to her misdemeanor DWI charge, but then realized there was also a property damage accident as her vehicle was damaged. Caffery was concerned there was more to the case after the meeting. On August 16th, in Darien Town Court, Caffery told Serrano she may need a public defender.
On cross examination, District Attorney Larry Friedman asked Caffery if she told him that she hit someone and left the scene?
Caffery cited attorney -client privilege and did not answer the question.
After a heated discussion about attorney-client privilege between Judge Charles Zambito, LoTempio and Friedman and whether or not Caffery can answer the question, the attorneys, DA and Judge left the court room to discuss the issue in chambers.
Upon return to the court room, Friedman says he was finished questioning Caffery and the Judge reserved his decision on the statements.
Serrano remains in jail on $100,000/$200,000 bail.
Serrano will next appear in court on March 13, 2019 at 1:45p.m.