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Court denies request for grand jury reports in Evans fatal hit and run

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Posted at 12:31 PM, Aug 09, 2016
and last updated 2016-08-09 14:00:40-04

Judge Christopher Burns denied a request from Gabriele Ballowe's attorney for Grand Jury proceedings in Erie County Supreme court Tuesday morning.

Ballowe is accused of killing Barry Moss in a 2013 hit and run accident in Evans.

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Ballowe's attorney, Thomas Eoannou, submitted and Order to Show Cause, asking the prosecution to provide transcripts of Grand Jury proceedings and other legal documents to the defense.

Judge Burns in his ruling said the defense did not provide a "compelling and particularized need for disclosure," therefore he denied the materials from two previous Grand Juries.

Eoannou told reporters after the decision, "Obviously we're disappointed but we're not going to let this matter die here and we'll continue to press it." 

Acting District Attorney Michael Flaherty said the defense's request for minutes was just a move to muddy the case. "The issue today is, is there sufficient evidence to convict the defendants of the charges for which they are accused. That's the issue and this is a distraction."

Another court appearance is scheduled for September 20th and a trial date has been set for October 17th.

The DA's office says they're confident they have enough evidence to convict Ballowe and Laettner.