LOCKPORT — Niagara County prosecutors and a public defender battled in court on Tuesday over whether the district attorney's office has turned over required materials in a Falls homicide case.
The attorney for Brian Miskho told Niagara County Court Judge Matthew J. Murphy III that prosecutors failed to provide police reports required to be disclosed to the defense in criminal trials under the state's new criminal justice reform laws. Prosecutors insisted that they had turned over "all the required discovery."
Murphy said he would rule on the matter by June 15.
Miskho, 31, has been charged with second-degree murder in the stabbing of Thomas Anderson. He has pleaded not guilty to the charge.
Murphy has ordered Miskho remanded to the Niagara County Jail while he awaits trial.
Falls Police detectives said Anderson, 49, at the time of his death, was stabbed near his home in the 600 block of 20th Street around 6 p.m. Dec. 15, 2019. Patrol officers who responded to the scene said Anderson was conscious and talking to them before he was transported by ambulance to the Erie County Medical Center in Buffalo for treatment of his wounds.
When Falls Police Criminal Investigation Division detectives went to ECMC the next day to interview Anderson, they discovered that he had been discharged from the medical center.
Around 4:30 a.m. on Dec. 17, 2019, Anderson went to the emergency room at Niagara Falls Memorial Medical Center, where he died. An autopsy ruled the cause of death as a homicide, resulting from the injuries Anderson sustained during the stabbing incident.
Prosecutors said Anderson had been stabbed in his torso and that the knife used in the attack had punctured his bowel and caused internal bleeding.
Miskho was arrested by Falls police on Dec. 18, 2019, the day after Anderson's death. Investigators have not commented on what led them to Miskho or what led to the stabbing.