FULTON, NY – A judge has reserved decision on several motions to dismiss evidence in the case against a Constantia woman who is accused of killing a motorcyclist in September 2007 while driving drunk.
Cathy Scott of 1818 state Route 49, was indicted in February on charges of:
- aggravated vehicular homicide – a class-B felony
- first-degree vehicular manslaughter – a class-C felony
- second-degree vehicular manslaughter – a class-D felony
- leaving the scene of an incident – a class-E felony
- aggravated driving while intoxicated – a misdemeanor
- driving while intoxicated – a misdemeanor
- reckless driving – a misdemeanor
Scott is accused of driving her vehicle drunk Sept. 29, 2007 and striking the back of a motorcycle driven by Joseph Valley of Syracuse. Valley was ejected from the motorcycle. According to police, Scott subsequently left the scene without checking on ValleyÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s condition.
Friday, Scott appeared in Fulton City Court before acting Oswego County Court Judge Spencer Ludington.
According to Oswego County Assistant District Attorney Mary Rain, the aggravated vehicular homicide charge — the charge that carries the harshest penalty from ScottÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s indictment — was dismissed.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe crime was committed on Sept. 29, 2007 and she was indicted in February,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Rain said. She noted, however, that the legislation that resulted in the charge against Scott was not enacted until Nov. 1, 2007.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBecause the crime was committed before the law was enacted, it was dismissed ex post facto,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she said.
The defense presented motions to suppress the defendantÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s statement, identification testimony and the search warrant application. Ludington ultimately held off any decision on the motions to allow the defense an opportunity to submit its closing statement in writing.
Rain explained that the defense will first order the transcript of FridayÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s proceedings. Once that is done, Ludington will set a timeframe for the closing statement. Once that is received, the prosecution will have two weeks to respond before Ludington renders a decision.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI anticipate we will not see a decision sooner than the end of November or the beginning of December,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Rain said.
Scott has been free on bail since her arrest.