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Legal errors could mean tossing of teens' murder indictment

November 14, 2017 07:06 PM

Nikolai Mavashev and Joseph Broscko were indicted on murder charges, but NewsChannel 13 has learned the indictment could be thrown out because of legal irregularities.

Something apparently went wrong inside the grand jury room when prosecutors presented the murder case. Now, it looks they'll have to start over.

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The defendants, 19-year-old Nikolai Mavashev and 17-year-old Joseph Broscko, are both charged with David Feliciano's murder. They thought they were in court Tuesday to find out if prosecutors would be allowed to take their DNA sample. Instead, Judge Jim Murphy dropped the equivalent of a legal bombshell.

"There may be irregularities of some sort within the grand jury presentation," he explained.

The judge didn't disclose what the irregularities are, but said he'll rule Monday on the defense motion to dismiss the indictments.

"It certainly makes us comfortable with where we are and that we're doing our job correctly," noted Matt Chauvin, Broscko’s attorney.

Saratoga County District Attorney Karen Heggen says the law precludes her from talking about what happened in the grand jury room, but says the case is strong against the two men and they'll go forward with it no matter what the judge decides on Monday.

"We believe we've got a strong case evidentiary. If there are some hiccups that might've occurred, that's what this whole process is about," she pointed out.

Mavashev's attorney, Cheryl Coleman, says she expects the judge to throw out the indictments in the August 7 murder and prosecutors will have to start over.

"We'll take what we can," explained Coleman. "Every time they’ve got to do it again, that's another time that people have to come in, people contradict each other. It's only a good thing from my client's perspective," pointed out Coleman.

The judge told all parties to be back in court on Monday morning. He promised a decision by Monday afternoon.

Credits

WNYT Staff

Copyright 2017 - WNYT-TV, LLC A Hubbard Broadcasting Company

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