Niagara Gazette

Local News

September 13, 2013

Pretrial hearing held in Kenmore slaying

(Continued)

Niagara Gazette — Stambach testified that he reviewed the Miranda rights with Martin-Brown, which Vacanti had previously administered, and asked him to complete a cheek swab for DNA testing. 

Stambach then asked Martin-Brown about the homicide.

“He said, ‘I don’t know anything about the death,’ “ Stambach said. 

In his statements to authorities, Martin-Brown acknowledged he had some sort of relationship with Cottone, and had been to his house several times. Cottone never locked his doors and didn’t use a key, Martin-Brown said.

Stambach said he began accusing Martin-Brown of killing Cottone during a second round of questioning. Then, after Stambach asked the defendant to take a polygraph test, the defendant requested an attorney, and the questioning was stopped.

Kenmore police then charged him with petit larceny for stealing the check. Martin-Brown wasn’t charged in connection with the killing until early June, when he turned himself in to authorities. 

Prosecutor Gary Hackbush and LoTempio will submit written arguments to the court on Wednesday’s hearing over the next few months, and State Supreme Court Justice Russell P. Buscaglia will then rule on the admissibility of the statements.

LoTempio also told Buscaglia that he plans to obtain Cottone’s phone records for the five weeks leading up to the homicide.

A trial date has been set for early February.

Contact reporter Jessica Bagley at 693-1000 ext. 4150, or follow her on Twitter @JessicaLBagley.

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