Niagara Gazette

Courts

October 22, 2009

COURTS: Carter defense gets some time

Lawyers for accused killer Darnell Carter asked for additional time on Thursday to determine their next move in his case.

At the conclusion of the continuation of a hearing on whether statements Carter made to cops and possible eyewitness identifications of the defendant can be presented at a trial, defense attorney Christopher Privateer said he needed “a little more time to determine what my next move is, based on what happened here today.”

Privateer clashed, again, with Assistant DA Brian Seaman and Judge Sara Sheldon Sperrazza over whether he is entitled to see various police documents the prosecution argues need to be kept secret until closer to trial.

Jury selection for a trial in Carter’s case is currently set for Nov. 30.

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 slaying of Falls landlord Robert Biggs on March 20.

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.

Biggs body was found at the rear of 1537 Whitney Avenue. Detectives believe Biggs was shot outside the apartment building he owned, next to the Hometown Market, and then fled his attackers by running through the backyards of several homes.

Investigators said Biggs, 39, 803 Maple Ave., died from a loss of blood caused by a gunshot wound to a major artery in his upper right arm. Police said a gold neck chain and bracelet, as well as cash, was taken from Biggs, probably after he went down in the Whitney Avenue backyard.

Privateer and Seaman had battled repeatedly over what the public defender is and is not allowed to see from police files until just before a trial. Seaman has turned over pages of police reports to Privateer with most of the contents blacked out.

The assistant DA has argued the reports were blacked out to keep the identities of possible witnesses in the case secret. Seaman said many potential witnesses have expressed fear for their safety if they get involved in the case.

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