CANTON St. Lawrence County Judge Jerome J. Richards will decide whether charges against Tyree D. Judge, 23, Syracuse, charged in the stabbing of a Gouverneur man in June 2012, should be dropped.
St. Lawrence County Conflict Attorney Amy L. Dona, who is representing Mr. Judge, argued in St. Lawrence County Court on Friday that her client was denied his right to a speedy trial.
Mr. Judge was arrested Jan. 25 and charged with first-degree assault and criminal possession of a weapon. He is accused of stabbing Ryan M. Weir, 20, in the stomach during a June 28, 2012, fight in a parking lot near 62 Church St. Mr. Weir was treated at E.J. Noble Hospital and released.
Ms. Dona contended that Gouverneur police did not exercise due diligence in locating and bringing Mr. Judge in on the charges. Mr. Judge had lived at 42 Prospect St., Gouverneur, with the family of his girlfriend, Sarah Blair.
According to testimony by Ms. Blair and her parents, Leroy and Vicki Blair, Mr. Judge had lived with them on and off but in June of last year, he was asked to leave after an argument with Mr. Blair. Mr. Judge then went to Syracuse to live with his sister.
Ms. Dona said that during his time in Syracuse, Mr. Judge made no attempt to flee from police and had actually made his whereabouts known; however, even after obtaining a warrant for his arrest, police made no attempt to find him.
Mr. Judges arrest by Gouverneur police in January immediately followed his release from the Onondaga County jail, Syracuse, where he had been held since July 2012 on unrelated charges.
Ms. Dona argued that police applied for a warrant on July 3 of last year, starting the six-month speedy trial clock that would have ended on Jan. 2. Mr. Judges indictment wasnt filed until Jan. 17.
But St. Lawrence County District Attorney Nicole M. Duve told the judge that her office was not notified of the July 3 request for a warrant and didnt get a file from Gouverneur police about their investigation into Mr. Judge until Oct. 26.
Ms. Duve said she looked into the investigation after her office received a lab report from the Department of Criminal Justice in late September. She said that after finding no file in her office, she reached out to the Gouverneur Police Department.
Judge Richards said that if Ms. Duve does not know about an investigation, she couldnt be ready for a trial.
If he rules in the prosecutions favor, the six-month period allowing the defense a speedy trial would have begun on Oct. 26.
His ruling is expected in the coming week.
Mr. Judge remains in St. Lawrence County jail pending further court action.