Michael J. Elmore, 33, and Lyndsey J. Wilcox, 39, both of Batavia, NY, appeared in Genesee County Court before Judge Donald G. O’Geen on Friday morning for Huntley Hearings with their attorneys. The pair are each facing charges in the line of duty death of Genesee County Sheriff’s Deputy Sergeant Thomas Sanfratello on March 10, 2024 at Batavia Downs.
A Huntley Hearing is a pre-trial hearing that determines whether statements made by the defendant to police are admissible at trial and whether the statements were made voluntary. If statements are found to be involuntary or coerced, those statements can be suppressed.
Today, District Attorney Kevin Finnell called several witnesses, all local law enforcement officers and investigators, to show how the defendants’ statements were obtained by law enforcement. The statements, submitted to the court on DVDs, were introduced as exhibits during the hearing. All were obtained by body worn video cameras used by local law enforcement officers from the Sheriff’s Department, City of Batavia Police Department and Correctional officers at the Genesee County Jail on a daily basis. The time period covered is late evening on March 9th, the next day March 10th, to the Town Court appearance for arraignment on March 12th. The body camera footage referred to at the hearing was mostly obtained during transport of the defendants, during the intake process at the Genesee County Jail at 14 West Main Street and during the interview/investigation process.
“There’s hours and hours of body camera footage and I don’t intend to use it all at trial,” says District Attorney Kevin Finnell.
“A lot of it is not evidentiary quality or quantity. There’s nothing there that is going to help a fact finder come to a decision on this. The question becomes whether or not when you make a statement to the police, you’ve been adequately advised of your rights, whether or not you voluntarily knowingly waived those rights or and including your right to an attorney.”
During witness testimony, several law enforcement officers say they experienced quite a bit of yelling and vulgarity. One officer who was transporting Wilcox to the jail on March 10th says Wilcox allegedly called them a b_tch and a dumb dumb. Another officer at the Jail says he had to restart his body warn camera and leave it on a desk in the direction of Elmore’s holding cell after the intake process, as Elmore was allegedly yelling at Corrections Officers, claiming they broke his arm.
Wilcox allegedly told investigators she had blacked out and had been drinking before her arrival at the Downs and did not recall how she got to the Jail. Wilcox Defense Attorney, Joseph Lobusco, requested the Genesee County Jail Incident Report after he learned that all who are held at the jail are given a breathalyzer. After a 20-minute break to obtain the report, the incident report was provided. Its contents were not revealed in court by the defense.
It was revealed also during testimony, that Wilcox and Elmore were held in holding cells right next to each other at the Genesee County Jail and could freely speak to each other while they were being held.
“The Genesee County Jail is currently a small facility, and people in holding cells can talk through the doors and others can hear each other, that’s certainly not an uncommon situation right now,” says Finnell.
Elmore’s Attorneys say it’s now in the hands of the judge to determine what if any statements may be usable at trial.
“Most of the statements attributed to him (Elmore) are on body cam footage, there on video. They’re just things he said in the heat of the moment, there nothing to be concerned about,” says Elmore’s attorney, Joseph Lobosco
Elmore is charged with Aggravated Manslaughter 1st degree/intent to cause injury, a class B felony, Aggravated Criminal Negligent Homicide, a class C felony, Assault 1st degree, a class B felony, Burglary 2nd degree, use of a dangerous instrument, a class C felony, Burglary 2nd degree/causing physical injury, a class C felony, Assault 2nd degree a class D felony, and Obstructing Governmental Administration 2nd degree a class A misdemeanor. He pleaded not guilty in May.
He is currently in custody on $100,000 cash and $500,000 partially secured bond and $200,000 bail bond.
Wilcox appeared with retained attorney Daniel J. Dubois and John Laduca, she pleaded not guilty in May to Burglary 2nd degree/causing physical injury, a class C felony, Assault 2nd degree, a class D felony, Obstructing Governmental Administration, a class A misdemeanor, and Resisting Arrest, a class a misdemeanor.
Wilcox is currently in custody on $20,000 cash bail, $100,000 partially secured bond and $50,000 bail bond.
Wilcox’s Attorney Daniel Dubois declined comment today, saying he didn’t have much to say.
Judge Donald O’Geen will reserve decision in the matter of the Huntley Hearing and advise attorneys of his decision by letter.
The next court appearance is scheduled for September 20th.
Judge O’Geen set a date of October 16th as a plea cutoff date and set tentative trial dates with Jury selection beginning on June 16th, and the trial to begin after that into the first two-weeks of July. These dates are tentatively set until confirmed by Judge Lightcap Cianfrini who will return as Genesee County Court after the first of the year. Judge O’Geen will return to Wyoming County, as his cases when he was DA have now cleared there.
Previously:
GENESEE COUNTY/Pair plead not guilty during arraignment in County Court – Video News Service
GENESEE COUNTY/Indictments – Video News Service
BATAVIA/Arrests made following the Line of Duty death of Sgt. Sanfratello – Video News Service