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The ongoing pre-trial process for two defendants connected to an incident at Batavia Downs on March 9 that led to the death of Sgt. Thomas A. Sanfratello continued in Genesee County Court on Friday morning.
Michael J. Elmore is charged with first-degree manslaughter, and Lyndsey J. Wilcox, charged with assault in the second degree, appeared separately in court for hearings on the admissibility at trial of statements they made on March 9 and 10 to police officers.
The hearings, called a Huntley Hearing, are standard pre-trial appearances in criminal cases.
Sanfratello died shortly after midnight at Batavia Downs during a disturbance that allegedly involved Elmore and Wilcox. The incident began when Sanfratello, working a special detail at the casino, was dispatched to 34 Rush, a bar in the casino, for a disturbance. He asked those involved, which reportedly included Elmore and Wilcox, to leave the facility. Wilcox was reportedly complying when she started to resist. Elmore then allegedly attacked Sanfrantello. During the struggle, Sanfrello reportedly suffered a medical event, possibly involving his heart, and died.
Today's hearing focused on statements made by Elmore and Wilcox that were captured by body-worn cameras of police officers, a corrections officer, and a criminal investigator.
At the end of the hearings, Judge Donald O'Geen said to issue a written ruling before the defendant's next court appearance in on Sept. 20.
The first witness called was Deputy Kevin McCarthy, who testified that while preparing to transport Elmore back to the Monroe County Jail following a hearing in Batavia Town Court on March 12, Elmore made the spontaneous (meaning nobody in law enforcement asked him a question or otherwise spoke to him) statement "my life is over." (The Batavian also video recorded Elmore leaving the courthouse -- see video at the top of this story)
No other witnesses were called during Elmore's hearing.
Detective Jason Ivison, Batavia PD, testified that his first contact with Wilcox was just before noon on March 10, when he interviewed Wilcox at the Genesee County Jail. Ivison was apparently the first person to inform Wilcox that Sanfratello had died.
She was already distressed, he said, and that news upset her more.
He read her his Miranda warnings ("You have the right to remain silent," etc.) and then questioned her. His body-worn camera was turned on a DVD of the recording was entered into evidence.
She agreed to talk with Ivison.
Ivison said Wilcox told him that she had been drinking heavily before going to Batavia Downs and that she had blacked out. She said she didn't remember anything from her time at the casino and didn't understand why she was in jail.
Batavia Patrol Officer Joseph Weglarski testified that he responded to the incident on March 9 while it was in progress. He was later assigned to drive Wilcox to the Genesee County Jail.
He said he didn't ask Wilcox any questions and made no statements to her. He said she called him several expletives, including "bitch" and "dumb-dumb."
He said his body-worn camera was on the entire time during the transport. A DVD of that recording was entered into evidence.
Senior Corrections Officer Jason R. Queal took the stand next.
Queal testified he was on duty when Wilcox was brought into the jail for processing, and he handled her intake. He said didn't know why Wilcox was brought to the jail. He later learned there had been a disturbance at Batavia Downs and, then, later learned that Sanfratello had died. Still, during that entire morning, he did not know Wilcox and Elmore were involved in that incident.
He said Wilcox indicated she did not know why she was at the jail.
Then Elmore was brought in for intake processing.
During intake for both defendants, Queal had his body-worn camera attached to his uniform and turned on.
The two defendants were in separate but neighboring cells. When Elmore started yelling and accusing Queal of breaking his arm, Queal activated his body-worn camera again (it had been off for 45 minutes to an hour). He placed it on a table so that if faced Elmore's cell (the view of Wilcox's cell was blocked by equipment).
He said Wilcox could be heard on the recording.
He said Elmore was making threatening statements toward him and about law enforcement in general.
He said Wilcox was asking anybody she could why she was in jail. He said he told her he didn't know and didn't hear anybody else give her a reason for her confinement.
After the hearings, O'Geen said jury selection in the trials will begin on June 16 and take at least three days. The two trials are expected to up to a month, going into the middle of June.
After court, District Attorney Kevin Finnell confirmed both trials would be held simultaneously with both defendants in the courtroom. He said it will be up to the defense attorneys to elect whether to have a single jury for both defendants, separate juries, or have one or both defendants receive a bench trial (no jury, with the judge deciding guilty or not guilty). He said there is no indication yet how the defense will decide to proceed.
For previous coverage of the case and related events, click here.
