WARME CASE: Defense attorneys want to separate charges against suspended cop

Courts

June 29, 2009

By Rick Pfeiffer<br><a href="mailto:rick.pfeiffer@lockportjournal.com">E-mail Rick</a> The Lockport Union-Sun %26 Journal Mon Jun 29, 2009, 09:38 PM EDT

Attorneys for suspended Falls Police Officer Ryan Warme will renew their calls for two trials for their client when they appear later today in front of U.S. Magistrate Judge High Scott at U.S. District Court in Buffalo.

The demand for two trials is contained in two separate sets of motion papers filed by defense attorney Joel Daniels. In the court papers, Daniels argues that if Warme is forced to stand trial on all the charges he faces at one time, the result would constitute “substantial prejudice” to his client.

Warme, Daniels says, is prepared to take the stand to testify in his own defense against charges he violated the civil rights of three women and used his position as a police officer to extort sexual favors from a Falls prostitute. However, Warme would not take the stand to defend himself against charges he conspired to distribute both powder and crack cocaine, committed federal firearms offenses and failed to arrest a known felon in possession of a weapon.

“It’s simple,” Daniels told the Gazette. “You have one trial on the sex case and another on the drugs and guns.”

Without separate trials, if Warme took the stand to testify on the sex charges he would potentially be able to be questioned by prosecutors on both the sex and the drugs and guns charges. Daniels argues Warme needs to testify on the sex charges because he claims the encounters were consensual.

On the drugs and guns charges, Daniels says Warme’s testimony is not necessary.

“Cooperating government witnesses, with checkered backgrounds, and the beneficiaries of government deal-making will allege (Warme) used powdered and crack cocaine and attempted to possess an altered firearm,” Daniels writes in his motions. “(Warme) believes it is best to let the jury decide whether these witnesses stories are believable, without hearing from the defendant.”

In a sworn affidavit from Warme, submitted by Daniels with his motions, the suspended cop says: “I will rely on cross-examination and argument from my attorney” in his defense on the drugs and guns charges. Warme says “the government will rely on testimony of witnesses the jury may not believe.”

In the affidavit, Warme also repeats claims he made in an earlier court filing that his sexual encounters with three women, while he was on duty, were consensual and not forced. He also denies inappropriately touching a woman during a traffic stop drug investigation.

Federal prosecutors oppose Daniels’ request.

Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.

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