Aug 1, 2014|
Automatically Generated Transcript (may not be 100% accurate)
On the WB analog line former Erie county district attorney frank Clark. Good morning mr. -- long time no talk. We're doing pretty well I hope you and your family are too frank everything is changed now that Williams Sager. The local national Guardsmen pushed down a flight of stairs little local Barnes died singer died yesterday now for. Folks are for our listeners who might not be up to speed on this story very quickly. Jeffrey Berry -- -- manager of Molly's pub on main street -- City University district. Allegedly pushed us to say you're down a flight of stairs the -- a couple of months ago may eleventh and Sager had been in a coma since the incidentally died. Yesterday now. The bar manager's been -- of second degree murder assault and tampering with the evidence. What happens now that mr. singer has died Friday. Well basically. What you would normally do is indicates where you charged. Assault or attempted murder. As your highest counts. And that victim ultimately passes away like -- simply do is go back into a subsequent grand jury which you can do because you have new evidence. New evidence being the fact that he has died. And you go in with. It depends on how much evidence you wanna put -- you certainly would put in in the in my opinion. That fact that the death was connected. The you would put in the medical examiner. And some degree approved to show the the debt and then they asked that day. So procedure. It's namely -- attempted murder. Would now become a murder in the second degree. The assault would -- into that and that's what you would do. -- -- -- -- As that how much more background. You want -- that jewelry to ensure that day AK. Other -- -- knowledgeable. A determination. You can put it and you can put the open where if you want. But in most case. You don't east that you just supersede. The highest count. Is time a factor frank or do they just take some of the earlier evidence that they already had in grand jury number one. And transpose it to grand jury number two. Time is it's not a factor because. -- -- -- the only the the -- first indictment only adds to specific counts. You're not superseding it as it counts saying for example. Think -- with yardages tampering with evidence. You're not superseding it in in that respect you -- only superseding it with respect of the charges. All of attempted murder and assault in the first grade and that Q you supersede. With the fact that he has died. And now it becomes a murder in the second degree the assault merchant -- that. Franken to buffalo police officers -- part time jobs justice bar against the department rules. They allegedly had a role in this allegedly carrying must assume you're outside the bar and leaving him outside it looks likely to happen to them. Well. That is that is being questioned. If there -- be called before a trial jury. And they refused to testify. And and Fifth Amendment grounds. You have the choice either. Not getting their testimony. Or giving them immunity and compelling them to testify. In my opinion I think the the prosecutor will probably. Waive the -- in this case and determine. Just how important. They -- testimony is that the overall case. And judge how much he wants to prosecute them criminally. For the activities that that. That they engaged in my guess is in the case like this. That. The old -- case. Say this case becomes. More important to me. In the criminal prosecution of those police officers. So the likelihood -- is that he will grant him immunity from criminal charges. And compelled testimony. In that case they must testify before a trial jury. And ever so briefly we're almost out of time here frank. Do you picture murder one murder two manslaughter what charge would you press through the grand jury now. I would put in I would supersede. The attempted murder charges with murder in the second degree. It is not a murder in the first degree case. Because it doesn't fall under the statute and the assault -- into the into the homicide charge I would supersede. Those still with murder in the second entry. Frank thank you for your time this morning we hope you're enjoying your summer. I -- thank you former Erie county DA frank Clark.