A man convicted of the death of a State Trooper during a police chase is trying to get out of prison.
The trial of James Carncross in 2006 created a debate over whether a speeder should be charged with homicide if a police officer is killed during a chase. New York State Police Officer Craig Todeschini was killed when his patrol car crashed into a tree in Pompey. He was pursuing Carncross who was speeding on a motorcycle. A jury found Carncross guilty of Criminally Negligent Homicide and he was sent off to prison for 7 years.
Though the conviction was upheld on appeal, the case is back in an Onondaga County Courtroom. Carncross was not present as his lawyers asked visiting Judge Donald Todd to order his release from prison. The legal team representing Carncross is arguing is that there was a mistake that took place during his trial. They say his trial lawyer, Sal Piemonte did not make a proper motion that could result in an appeal that could get him out of prison. Attorney Stewart Hancock says Piemonte did not file a motion challenging the charge of "criminal negligence." Therefore an Appeals Court could not consider the very heart of the prosecution's case, that had Carncross not been speeding, Trooper Todeschini would not have crashed and died.
"He really was never properly convicted he shouldn't have been charged with this crime." Hancock told reporters, "He shouldn't have been indicted for this crime because the essential element is missing."
Chief Assistant District Attorney Jim Maxwell told the Judge that Hancock was wrong when he called the conviction of James Carncross "an injustice." Maxwell said, "The jury heard the case. They heard the proof. They decided the case."
Judge Todd reserved decision and could not say how long it will take for him to make a ruling on whether James Carncross should get out of prison.
