June 25, 2015
Grand jury delays sought for Hammond, Haynes
Two recent high-profile criminal cases have yet to be presented to the grand jury as defense teams continue to review comprehensive case documents, District Attorney Mark Suben said Wednesday.
The grand jury will determine if there is sufficient evidence to bring the cases to trial.
In two separate cases, defense attorneys for Michael Hammond II and Daniel Haynes III waived their clients’ right to a speedy trial in order to get additional time to review case files and prepare their cases for trial.
The next step is for the prosecution to present the evidence of the cases to a grand jury. If the case goes to trial, the defense attorneys will present their cases to the trial jury but the defense attorneys cannot present evidence to a grand jury.
Before a grand jury considers only the prosecution’s evidence, both defense attorneys have requested to meet with the district attorney’s office to discuss the cases, Suben said.
“We’ve provided them with full case documentation, and they want time to look it over,” Suben said.
Kim Zimmer, an associate of Syracuse-based defense attorney Emil Rossi, will be representing Haynes, who is facing more than 20 charges following a fatal car crash in April that killed his 6-year-old daughter, Alexia Haynes.
In addition to meeting with the district attorney, Zimmer has also requested to have Haynes’ vehicle inspected, which is the legal right of the defense, Suben said.
Haynes, 29, of 921 W. State Road, Virgil, was allegedly driving while intoxicated at speeds over 100 mph on April 24 before he lost control of his car and crashed into a utility pole on West State Road.
Passengers in his car at the time included three of his daughters and two of his friends. Among the charges. Haynes is facing five counts of first-degree reckless endangerment and three counts of aggravated driving while intoxicated with a child in the vehicle and vehicular homicide, felonies.
Hammond’s defense is being prepared by Syracuse-based lawyer SteveCambareri.
Hammond, 23, of 2191 Curtis Road, Virgil, is accused of murdering 16-year-old Amie Leland in her family’s home on Lincoln Avenue, Cortland, onMay 8. He was charged with two counts of second-degree murder, one whichrelates to a defendant who acted under “extreme emotional disturbance,” and another which relates to a murder that occurred alongside myriad other possible crimes, according to the statePenal Law.
Hammond was also charged with burglary for illegally entering the Leland home.
Hammond pleaded not guilty on May 9 in City Court. He appeared inCity Court again on May 27 withCambareri.
There will be no reduction in charges against either defendant, Suben said, adding that he expects the cases to go before the grand jury by the end ofsummer.
Both Hammond and Haynes are being held in County Jail with no bail set pending the outcome of their cases.
Neither Cambareri nor Zimmer could be reached for comment by press time this morning.
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