By Doug La Rocque
Nearly a year after the investigation began, Grafton Town Court Justice Rebecca Snyder-Greene heard the request by the attorney representing Michael and Erica Costello to suppress evidence obtained in a search warrant executed on their Old Road Property. [private]
The Costellos’ attorney David Gruenberg asked the arresting office, Rensselaer County Sheriff’s Deputy Kim DeFazio a number of questions about her many investigations of the site, what she saw and what she recorded in her report that led to the search warrant. Deputy DeFazio testified she found animals that at times lacked food and clean drinking water, noting at one instance she even found a dead animal in the water. Gruenberg also questioned the deputy about what if any corrective actions she may have taken, and asked if she personally supervised the collection of the evidence. DeFazio testified at the time the warrant was served, she handled the inventory procedure and other deputies carried out the search of home and grounds. It is Gruenberg’s contention that the warrant was flawed, and that evidence be suppressed and the seizure of several domestic animals be invalidated.
Assistant District Attorney Gabriel Garcia also questioned the deputy as to her observations and actions. He argued before Judge Snyder-Greene that the warrant was valid. The judge gave each attorney ten days to present their closing arguments in writing, and indicated she would issue her ruling after their receipt.
The Costellos are charged with seven counts each of failing to provide substance, and one count each of creating a condition that endangered others. The later charge stemming from the euthanizing of a horse they owned, and allegedly leaving the carcass on the ground near the roadway for several days. Two other horses involved in the early stage of the investigation were sold prior to the search warrant and the arrest. All charges are misdemeanors. [/private]