GENESEE COUNTY/Banks’ attorney files motion to dismiss the indictment against him

File photo/April 2025

Henry Banks attorney, Steven Cohen, has filed motions to dismiss the indictment against him during a Monday morning appearance in Genesee County Court before Judge Melissa Lightcap Cianfrini.

“We made motions to dismiss the indictment and motions to compel discovery. The Judge is reviewing the standards. She asked all the right questions. You know, she’s an experienced prosecutor, this judge, and she knows the questions to ask, and now she’s in an impartial role, and I think she asked the right questions,” says Steven Cohen, retained Attorney for Henry Banks.

Banks, 55, of Batavia, was arrested on a sealed indictment warrant on charges of Criminally Negligent Homicide, a class E felony, and three counts of Endangering the Welfare of a Child, a class A misdemeanor on April 4th, 2025. Banks was arraigned in Genesee County Court and originally held on $25,000 cash bail, $50,000 bond bail and $75,000 equity bail. He is currently out on bond bail.

“Today, the defendant filed motions alleging or asking for various forms of relief. Principle is they’re arguing that the evidence before the Grand Jury wasn’t legally sufficient to sustain the indictment. The judge will review the minutes and as well as the legal instructions, and she’ll decide if that was the case or not,” says District Attorney Kevin Finnell.

Cohen has also requested the preamble and instructions provided to the Grand Jury, which were not included in discovery. Cohen questioned if some witnesses were granted immunity if they testified. Judge Lightcap Cianfrini told the court that that would have been disclosed in front of the Grand Jury and included in the full minutes of the Grand Jury testimony.

Finnell responded that no waivers of immunity were given to the girlfriend of Banks, or anyone else.

According to Cohen, Banks was giving his girlfriend a ride home and was away from the residence on the night of February 5th into the morning of February 6th, leaving the Vine Street residence at 10:30pm. He then spoke to the 12-year-old child who was babysitting the other two children ages 4 and 10 at 11:15PM over the phone. After that, Banks’s phone reportedly died. The fire was called in about 12:45AM.

Cohen requested conditional depositions from the Fire Chief, Fire Captain, Police officers and detectives and the landlord. Cohen says the elements of criminally negligent homicide were not proven to the Grand Jury by legal evidence.

District Attorney Kevin Finnell sited that a space heater connected by extension cords under frayed rugs had ignited, starting the fire. He argued that the 12-year-old babysitter was not equipped to handle such an emergency. The cause of the fire was accidental.

“The fire that was undisputed to have been caused by a frayed extension cord under some carpeting. But how does that rise to criminal conduct? Also, how many of us have 12-year-old kids who have babysat? I mean, my kids are adults now, you know, when they were 12, they babysat for others. And unless this 12-year-old can be found to have been somehow disabled or less competent than a typical 12-year-old. Having a 12-year-old babysit for two hours is not out of the ordinary and does not reflect criminality,” says Cohen.

Cohen also had issue with the discovery process.

“The bulk of the discovery was provided to the defendant early on in the case. Within the guidelines, there were some additional discoveries that typically come later and were provided upon receipt. But he was asking for leave to file what’s known as a request for a bill of particulars, and that has to normally be filed within 30 days of arraignment. He didn’t do that. He’s saying, because he didn’t get all of the discovery until after that, the time period should be extended, and its good cause for a late request,” says Finnell.

During today’s session, both sides discussed a possible plea offer, but no offer has been made.

Banks will return to court on August 18th at 1:30PM for a status update from the Judge on motions

Previously:

GENESEE COUNTY/The People are ready for trial in the case against Henry Banks – Video News Service
BATAVIA/Arrest made in February fire that claimed the life of a 10-year-old boy – Video News Service