Cayuga County prosecutors have appealed a lower court ruling that tossed out the murder indictment of Katie Socci's former live-in boyfriend. A grand jury had indicted David McNamara for the June 2011 suffocation of the nurse and mother. Her body was discovered just off a nature trail not too far from her home.
In November, Judge Mark Fandrich dismissed the indictment after defense attorneys argued McNamara had not been afforded an opportunity to testify before the grand jury. Cayuga County Chief Assistant District Attorney Christopher Valdina is asking the Appellate Division for an expedited appeal. The court based in Rochester could consider the appeal during its May session.