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Suspects in beating death have pre-trial hearing
By Andrew Amelinckx
HUDSON — Several Hudson Police officers took the stand Friday in the pre-trial hearing for the three Hudson residents accused of a February beating death.
Bruce D. Smith, Kevin Allen and Kari Cordato, all of Hudson, in orange jumpsuits and shackles, sat with their attorneys in the Columbia County courtroom of Judge Jonathan Nichols.
The hearing was to determine whether certain testimony and other evidence would be allowed to be used by the prosecution, led by First Assistant District Attorney Michael Cozzolino, in the upcoming first-degree manslaughter and first-degree gang assault trial.
Four members of the Hudson Police Department took the stand to testify to what had transpired the night of Feb. 16, 2008, and what the defendants had told them. HPD Officer Nicolas Pierro, a three-year veteran of the force, was on duty that night with fellow officer Daniel Scali when a call came.
The officers responded to the second-floor apartment of 449 State St. in Hudson, the residence of Cordato, where they discovered the beaten body of Floyd Sanders in a large pool of blood. Scali checked his vitals and determined he was still alive.
According to Pierro, Smith called him into the living room of the apartment and told him what happened. “I beat his a--,” Pierro said Smith told him. “That ------- is raping little kids.”
Smith allegedly told Pierro that Sanders had raped members of both his and Cordato’s family.
Pierro testified that he also spoke to Cordato who told him a similar story. “I ----ing did it,” she allegedly said.
Attorney Michael Howard, who is representing Smith, asked whether there were any notes taken of the statements, to which Pierro answered, “No,” and that he had filed a report from memory.
Pierro told the court that when Smith was brought in he was read his Miranda rights, but that because Smith had blood on his hands he didn’t ask him to sign the form indicating he had been read his rights. “I didn’t want to taint possible evidence,” said the officer.
Both Jerald Rosenthal, Cordato’s attorney, and Howard tried to have this testimony barred from the trial, based on the fact that Pierro hadn’t read either defendant their rights at 449 State St. at the time, as well as the fact that they believed Pierro had initiated the conversations that led to the alleged confessions.
Allen is being re-resented by Shane Zoni.
Nichols said that the testimony was admissible in court because neither admission was in a “custodial setting,” meaning that neither suspect had been under arrest or were being interrogated and therefore didn’t require Miranda warnings.
He went on to say that Pierro had just arrived at the scene when he asked Cordato what had happened. “They were made in response to an officer trying to gather facts,” said Nichols of Cordato’s alleged statements.
Scali took the stand next. He testified to two statements allegedly made by Cordato.
The first happened at 449 State St. when Cordato admitted that she had kicked Sanders as well as hit him with a chair, according to Scali.
The next statement Cordato allegedly made to Scali occurred after she was charged with the crime and was being transported by Scali on April 25.
“I’m going to miss the news ... I won’t get to see who else is getting arrested,” Cordato allegedly told Scali.
Scali responded that she seemed pretty “light-hearted,” considering the situation. “At least it’s not murder,” Cordato allegedly told Scali.
This testimony will also be allowed at the trial.
Hudson Police Officer Brent Rowe, who has been with the force just over a year, testified that he went with a Department of Social Services worker to 449 State St. the afternoon after the incident and overheard Cordato allegedly threatening to hurt people, as well as a statement that she had “taken care” of one person already.
Rowe said he didn’t ask Cordato any questions and that his only interaction with her was to try and calm her down.
Rowe’s testimony will be allowed during trial.
HPD Detective James Delaney also took the stand Friday. He had taken statements from Smith, Cordato and Allen.
Delaney spoke with Smith several times during the early morning hours after the incident, but hadn’t personally Mirandized the suspect. He said he been told by Pierro that Smith had already been Mirandized.
Howard asked why there was no videotape of the Mirandizing, and Delaney responded that there had been a mechanical problem with the system and that they no longer had the video from that time period.
Howard said that without a signature or videotape there wasn’t much proof that Smith had been Mirandized. “We don’t know that it happened,” he said.
Nichols disagreed and is allowing the testimony. He said that Pierro had testified that he read Smith his rights.
Allen and Cordato also gave written statements to Delaney the morning of Feb. 16. Delaney did not Mirandize either suspect, but both defendants came into the police station, told their stories, and left of their own volition. Nichols said that they didn’t have to be Mirandized because the testimony wasn’t given while under arrest. Both Allen and Cordato weren’t charged in regard to the crime until April 25.
Parts of the defendants’ criminal histories may be brought up by the prosecution during cross-examination of the defendants, if they decide to take the stand in their own defense. Included will be Cordato’s previous conviction for second-degree criminal possession of a forged instrument from 2005, which involved her stealing the checks of an elderly woman she was supposed to be caring for, according to Cozzolino. Smith’s previous conviction for fourth-degree criminal possession of a controlled substance, for cocaine, will be allowed in, as will Allen’s two previous misdemeanor assault convictions.
Nichols won’t allow Allen’s convictions to be specifically named in trial by Cozzolino.
The possibility of severing the trial — allowing each defendant to be tried separately — will be decided by Nichols next week, as well as a new trial date. The trial may not happen until after the new year due to scheduling problems.
Cordato broke down apparently after hearing that the trial was being postponed. Rosenthal asked that she be given bail or be released on her own recognizance. “She’s been in jail since April 25,” he said.
Nichols said that due to Cordato’s possible lengthy prison term — 12 1/2 to 25 years if convicted — he would not allow her bail.
Bruce D. Smith, Kevin Allen and Kari Cordato, all of Hudson, in orange jumpsuits and shackles, sat with their attorneys in the Columbia County courtroom of Judge Jonathan Nichols.
The hearing was to determine whether certain testimony and other evidence would be allowed to be used by the prosecution, led by First Assistant District Attorney Michael Cozzolino, in the upcoming first-degree manslaughter and first-degree gang assault trial.
Four members of the Hudson Police Department took the stand to testify to what had transpired the night of Feb. 16, 2008, and what the defendants had told them. HPD Officer Nicolas Pierro, a three-year veteran of the force, was on duty that night with fellow officer Daniel Scali when a call came.
The officers responded to the second-floor apartment of 449 State St. in Hudson, the residence of Cordato, where they discovered the beaten body of Floyd Sanders in a large pool of blood. Scali checked his vitals and determined he was still alive.
According to Pierro, Smith called him into the living room of the apartment and told him what happened. “I beat his a--,” Pierro said Smith told him. “That ------- is raping little kids.”
Smith allegedly told Pierro that Sanders had raped members of both his and Cordato’s family.
Pierro testified that he also spoke to Cordato who told him a similar story. “I ----ing did it,” she allegedly said.
Attorney Michael Howard, who is representing Smith, asked whether there were any notes taken of the statements, to which Pierro answered, “No,” and that he had filed a report from memory.
Pierro told the court that when Smith was brought in he was read his Miranda rights, but that because Smith had blood on his hands he didn’t ask him to sign the form indicating he had been read his rights. “I didn’t want to taint possible evidence,” said the officer.
Both Jerald Rosenthal, Cordato’s attorney, and Howard tried to have this testimony barred from the trial, based on the fact that Pierro hadn’t read either defendant their rights at 449 State St. at the time, as well as the fact that they believed Pierro had initiated the conversations that led to the alleged confessions.
Allen is being re-resented by Shane Zoni.
Nichols said that the testimony was admissible in court because neither admission was in a “custodial setting,” meaning that neither suspect had been under arrest or were being interrogated and therefore didn’t require Miranda warnings.
He went on to say that Pierro had just arrived at the scene when he asked Cordato what had happened. “They were made in response to an officer trying to gather facts,” said Nichols of Cordato’s alleged statements.
Scali took the stand next. He testified to two statements allegedly made by Cordato.
The first happened at 449 State St. when Cordato admitted that she had kicked Sanders as well as hit him with a chair, according to Scali.
The next statement Cordato allegedly made to Scali occurred after she was charged with the crime and was being transported by Scali on April 25.
“I’m going to miss the news ... I won’t get to see who else is getting arrested,” Cordato allegedly told Scali.
Scali responded that she seemed pretty “light-hearted,” considering the situation. “At least it’s not murder,” Cordato allegedly told Scali.
This testimony will also be allowed at the trial.
Hudson Police Officer Brent Rowe, who has been with the force just over a year, testified that he went with a Department of Social Services worker to 449 State St. the afternoon after the incident and overheard Cordato allegedly threatening to hurt people, as well as a statement that she had “taken care” of one person already.
Rowe said he didn’t ask Cordato any questions and that his only interaction with her was to try and calm her down.
Rowe’s testimony will be allowed during trial.
HPD Detective James Delaney also took the stand Friday. He had taken statements from Smith, Cordato and Allen.
Delaney spoke with Smith several times during the early morning hours after the incident, but hadn’t personally Mirandized the suspect. He said he been told by Pierro that Smith had already been Mirandized.
Howard asked why there was no videotape of the Mirandizing, and Delaney responded that there had been a mechanical problem with the system and that they no longer had the video from that time period.
Howard said that without a signature or videotape there wasn’t much proof that Smith had been Mirandized. “We don’t know that it happened,” he said.
Nichols disagreed and is allowing the testimony. He said that Pierro had testified that he read Smith his rights.
Allen and Cordato also gave written statements to Delaney the morning of Feb. 16. Delaney did not Mirandize either suspect, but both defendants came into the police station, told their stories, and left of their own volition. Nichols said that they didn’t have to be Mirandized because the testimony wasn’t given while under arrest. Both Allen and Cordato weren’t charged in regard to the crime until April 25.
Parts of the defendants’ criminal histories may be brought up by the prosecution during cross-examination of the defendants, if they decide to take the stand in their own defense. Included will be Cordato’s previous conviction for second-degree criminal possession of a forged instrument from 2005, which involved her stealing the checks of an elderly woman she was supposed to be caring for, according to Cozzolino. Smith’s previous conviction for fourth-degree criminal possession of a controlled substance, for cocaine, will be allowed in, as will Allen’s two previous misdemeanor assault convictions.
Nichols won’t allow Allen’s convictions to be specifically named in trial by Cozzolino.
The possibility of severing the trial — allowing each defendant to be tried separately — will be decided by Nichols next week, as well as a new trial date. The trial may not happen until after the new year due to scheduling problems.
Cordato broke down apparently after hearing that the trial was being postponed. Rosenthal asked that she be given bail or be released on her own recognizance. “She’s been in jail since April 25,” he said.
Nichols said that due to Cordato’s possible lengthy prison term — 12 1/2 to 25 years if convicted — he would not allow her bail.
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