Published: November 04, 2009 10:34 pm      

COURTS: Carter case moves toward trial

LOCKPORT — Lawyers for accused killer Darnell Carter got a mixed bag of rulings from Niagara County Court Judge Sara Sheldon Sperrazza on Wednesday.

Sperrazza, for the second time, rejected a claim by Carter’s lawyers that Falls Police “did not have probable cause” to arrest and charge Carter in the slaying of Falls landlord Robert Biggs on March 20.

“I think I’ve already ruled on this,” the judge said as she went through a series of defense requests filed with the court after an Oct. 22 hearing. “This was settled.”

Public Defender Christopher Privateer had argued that police did not have enough evidence to arrest Carter, but Sperrazza said an eyewitness identification of the suspect and witnesses statements were sufficient to take him into custody.

Carter, 23, 416 12th St., is charged with two counts of second-degree murder, two counts of first-degree robbery, and one count each of second-degree criminal possession of a weapon and first-degree criminal use of a firearm in the murder of Biggs.

Police say Carter was the trigger man in what they believe was a robbery attempt gone bad outside of an apartment building Biggs owned in the 1500 block of Pierce Avenue. Detectives have said Carter had accomplices, but he remains the only person charged in the case so far.

Sources have told the Gazette as many as three other suspects could be charged and prosecutors have confirmed that their investigation of the murder is continuing.

Sperrazza did tell Privateer that she would “revisit” an earlier ruling allowing evidence taken from Carter’s mother’s house, seized by detectives executing a search warrant, to be admitted at his trial. Privateer has repeatedly complained that an affidavit from Falls Police Detective Pat Stack, requesting the search warrant, was “legally insufficient.”

“Didn’t I say (the affidavit) was thin and I would have liked more in a homicide case,’ Sperrazza said. “I will revisit the issue of the search warrant.”

The judge said some comments made by Carter to a police jailer could be presented to a jury.

Falls Police Officer Thomas Rodgers testified at an earlier hearing that the day Carter was arrested, as he was making his rounds as a jailer, Carter asked him when he would get “his phone call.”

When Rodgers told Carter he didn’t know when he would be able to make a call, Carter replied, “I’m done.”

“You think so,” Rodgers replied.

“Yeah, I’m done,” Carter said.

Sperrazza said that comment could be used at a trial.

Rodgers also testified that when Carter was being moved to the county jail the following day, he saw a car in a secure area of police headquarters.

“Oh (expletive), that’s his car,” Carter said out loud.

“Whose car,” Rodgers asked.

“The man that got shot,” Carter replied.

The judge said Carter’s comment, before Rodgers asked his question, could be admitted. The judge delayed ruling on whether statements Carter made to detectives, who questioned him after his arrest, could be used at the trial.

Sperrazza told prosecutors she would consider allowing them to call an additional witness before determining whether an identification of Carter from a police photo array can be considered by a jury. Privateer told the judge he was asking that the identification be kept out of the trial and opposed allowing prosecutors to call more witnesses at a hearing.

“This case is a very close call,” Sperrazza said. “If the people want to re-open, I will consider it.

Sperrazza set another hearing date for Nov. 12. Jury selection for a trial in Carter’s case is currently set for Nov. 30.