SYRACUSE -- Former Court of Appeals Judge Stewart Hancock, Jr. returned to the court where he once served to argue for the court to overturn the conviction of James Carncross on charges of aggravated criminally negligent homicide in the death of Trooper Craig Todeschini.
Hancock argued Trooper Todeschini violated State Police policy when he continued the high speed pursuit through Pompey travelling at speeds of at least 90 miles per hour. The justices also discussed the issue of whether pursuing a speeder is the same as pursuing someone suspected of a more serious crime.
Stewart Hancock also pointed out the irony of a lower court ruling by Judge William Walsh that prohibited Carncross from being represented by his original attorney. Walsh said a conflict of interest demanded the attorney be changed to Salvatore Piemonte. Hancock criticized Piemonte for making the mistakes that led to the homicide conviction for Carncross.
Onondaga County Assistant District Attorney James Maxwell argued to uphold the conviction. He admitted that everyone involved wishes Trooper Todeschini had cut off the chase describing the result as "tragic". Maxwell said, "we don't know why he did continue. We know he was chasing someone who kept speeding away. I think we can conclude that he perceived what started as speeding escalated into reckless driving and who knows what else."
Last February, the Appellate Division of the Fourth Judicial Department in Rochester ruled the February 14, 2007 conviction on charges of aggravated criminally negligent homicide and reckless driving should stand.
Todeschini was killed when he lost control of his vehicle in April of 2006 and slammed into a tree while pursuing James Carncross on a motorcycle. Carncross was speeding at the time.
