BUFFALO — On Thursday, a federal court judge granted suspended Falls Police Officer Ryan Warme’s request for separate trials on civil rights/sex crimes charges and gun and drug crime charges.
On Friday, Warme found out he’ll face the gun and drug crimes trial first.
Chief U.S. District Court Judge Richard Arcara granted a request by federal prosecutors to first tackle accusations that Warme used, bought and sold drugs both on and off duty and allowed a convicted felon to possess a stolen gun and allowed a drug dealer to handle his own police weapon.
Jury selection for that trial will begin April 27. The trial is expected to last about a week.
After that proceeding is over, Arcara will set a date for Warme to stand trial on charges Warme violated the civil rights of three women by sexually assaulting or abusing them.
Prosecutors declined to say why they asked to handle the gun and drug crimes case first.
Arcara, in a ruling released Thursday, ordered the separate trials and threw out two of the 11 criminal counts that Warme had faced.
Warme’s defense attorney, Joel Daniels, has said his client will testify in his own defense on the sex crimes, but will invoke his Fifth Amendment rights, and not testify, about the gun and drug charges. Arcara said Warme was entitled to two trials.
“(Warme’s) testimony at trial, if believed by the jury, would establish that each of the (alleged sex crimes) were consensual,” the judge wrote. “Consent to these acts, if established, would constitute a complete defense to these counts. (Warme’s) testimony about these counts is sufficiently important that he should be allowed to present it to a jury without the risk of waiving his Fifth Amendment rights for the other counts.”
At the same time that Arcara granted the separate trials, he also dismissed one of the so-called “sex counts.” The judge tossed Count Six of the indictment against Warme, which charged he extorted sexual favors from a prostitute.
Daniels had argued the charge, made under the federal Hobbs Act, which relates to obtaining property through extortion, should be dismissed because “an act of oral sex is not property.”
Arcara agreed, writing, “Count Six may constitute other legal violations, but does not constitute ‘obtaining property’ by extortion within the meaning of the Hobbs Act.”
The judge also dismissed the first count of Warme’s indictment, a public corruption charge, that claimed the police officer deprived the citizens of Niagara Falls of his “honest services.” Prosecutors said Warme committed “wire fraud” by having his police salary deposited in a Texas bank and then using ATMs in the Falls to withdraw cash to purchase crack and powdered cocaine.
However, Arcara found that the charge was “deficient in a critical element of wire fraud.”
Contact reporter Rick Pfeiffer
at 282-2311, ext. 2252.
Local News
Related Photos
-
BACK IN COURT: Suspended Niagara Falls police officer Ryan Warme is led into Federal Court last year. He will face a gun and drug crimes trial on April 27. dan cappellazzo/staff photograph
FEDERAL COURT: First Warme trial set for April
- Local News
-
-
BODY FOUND: Falls police ID missing woman
Falls Police say the body of a woman, found in dense brush in a field off of 102nd Street, is that of 67-year-old Judith Burr.
-
SLIDESHOW: Volunteers Search for Judith
Volunteers gathered on 102nd Street in Niagara Falls to search for the missing Judith Burr, 67. Shortly after the search began, the body of Judith was found in the dense brush just east of 102nd Street.
-
NCIDA declines One Niagara's request for tax help
It’s a no-go for a proposed tax break at One Niagara.
At least for now. -
Marijuana mystery on Michigan Avenue solved
The mystery surrounding a Michigan Avenue marijuana grow house has been solved.
And a Falls man has been charged with running the pot farm that was found there in July. -
Crack dealer taken down on Orleans Avenue
Falls Narcotics Division detectives took down an Orleans Avenue crack dealer, literally, on Tuesday.
-
Historic stone chimney move could be costly
City officials are dealing with some sticker shock after receiving an initial estimate for what it might cost to move an historic stone chimney to a new location.
-
One Niagara tax request up for vote
The owners of the One Niagara building may find out today if they qualify for a tax break through the Niagara County Industrial Development Agency.
NCIDA board Chairman Henry Sloma said One Niagara’s application for tax assistance will be discussed during today’s board meeting. -
Search planned for missing Falls woman
Loved ones are organizing a search party for 67-year-old Judith Burr who has been missing since Friday.
-
Bill would ban offenders on school buses
The New York State Senate passed a bill Tuesday that would ban certain criminal offenders from working on school buses.
-
No new vet for Niagara SPCA
It was one step forward and one step back for the SPCA of Niagara on Monday.
Just 72 hours after announcing the hiring of a new veterinarian for its troubled shelter, the SPCA board changed its mind and decided not to bring Lewiston vet Dr. Grant Hobika on board. - More Local News Headlines
-
Man Killed in Courthouse Shootout
Video of Ga. Man Who Killed Girl Released
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
White House Attacks Romney on Birth Control
Homs Bombardment Continues, Global Outcry Grows
Mo. Teen Gets Life Sentence for Killing Girl, 9
Lower-hassle Screening to Be Tested at Airports
Raw Video: Dog Rescued From Icy Colo. Water
Helmet Camera Captures Calif. Fire Rescue
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
