A judge in Cayuga County dismissed the indictment charging David McNamara with the murder of his former girlfriend Katie Socci on Tuesday.
Cayuga County Judge Mark Fandrich said McNamara wasn't given a proper chance to testify before the grand jury. McNamara's lawyer had sent prosecutors a letter saying McNamara didn't wish to testify before a grand jury in an unrelated drug case but reserved his right to testify at future hearings. Judge Fandrich said that prosecutors should have given McNamara an opportunity to testify before the grand jury hearing testimony on Katie Socci's murder. After the hearing, Cayuga County District Attorney Jon Budelmann said he will appeal the judge's ruling. Budelmann may also be allowed to bring McNamara before grand jury that heard the original testimony and then re-file the charges.
Katie Socci's parents posted a message on Facebook Tuesday night saying that they didn't believe the District Attorney's office did anything wrong but "the judge did the proper thing by protecting the integrity of the proceedings, in other words he is eliminating the possibility of a later reversal due to a different interpretation," said John and Tina Socci. "The evidence remains, the criminal will be re-indicted, either by a grand jury or appeal of today's decision. We would rather have a rock solid conviction, with no chance of reversal, even if it takes longer. We are not bitter, please don't criticize our local officials. They have worked tirelessly during this whole ordeal and have our undivided trust and confidence."
CNY Central has obtained a copy of the motion filed by McNamara's attorney , David Elkovitch. The motion to dismiss the indictment claims McNamara was never given the opportunity to attend the Grand Jury proceedings, or testify before the panel.
Included with the motion is a June 21st letter in which Elkovitch states, "the defendant (McNamara) wishes to appear before the Grand Jury and testify." The attorney also included a Memorandum of Law, which cites legal precedent protecting a defendant's right to testify before a Grand Jury.
McNamara is charged with second degree murder for allegedly suffocating Katie Socci on June 14th, and hiding her body in a shallow grave.