Stenographers are not supposed to record during Grand Jury proceedings, however a Court Reporter hired as an Independent Contractor for Grand Jury did just that along with taking notes for official transcripts of the proceeding.
On Friday, two of the cases affected were called to appear in Genesee County Court.
The murder case of Richard D.Hanes and the assault case of Antwan Odom are cases that are being stalled by issue of recording in the Grand Jury room
The Court Reporter recorded the proceedings to help assist in transcribing what was said during Grand Jury to create official transcripts.
Before the Hanes and Odom cases can move on to trial a decision was needed on how to proceed after the discovery of the recordings and whether or not it affects the integrity of the Grand Jury proceedings.
Hearings were offered to discuss the issue further.
“The issue is, are we entitled to the recorded stuff,” says Fred Rarick, attorney for Richard Hanes.
“There isn’t going to be any difference between the recordings and the transcripts.”
Rarrick decided to let the Judge decide on the issue.
“We’ll preserve it, If the Fourth Department says it affects the integrity of the Grand Jury proceeding they’ll dismiss it. We’re not going to get a dismissal.”
In the Antwan Odom case, Frank Housh decided to file motions on the audio recording issue and it will be discussed at a August 5th court appearance. As a result, a new trial date was set for September 30, 2019 at 9:30a.m.
“I’m certain there was no potential malice, other defendants have had a hearing to decide if the indictment should be dismissed,” says Housh
Housh says he also plans to stay on in the Odom case. Because of a grievance filed in May by District Attorney Larry Friedman, Housh felt his ability to represent Odom was affected. After meeting with Odom and his family he will move forward as Odom attorney in the case.