A year after New Scotland homicide, suspect’s attorney looks to toss out evidence

There are new developments in the case of Jacob Klein, the man accused of killing a local physician assistant at his New Scotland home.

Philip Rabadi, 35, was found stabbed to death at his home a year ago this week. The gruesome murder captured the attention of the Capital Region and made national headlines.

Newly obtained court filings show the defense is seeking to suppress several pieces of evidence. The evidence includes items collected from Klein’s car when police arrested him and what the Albany County District Attorney’s Office said was a voluntary statement by Klein at the time of his arrest that he respected law enforcement but wanted to die by police.  

Albany County Judge William Little is handling the case.

Klein is represented by Mark Bederow, a Manhattan-based defense attorney.

In court papers, Bederow claims there are major issues with the arrest warrant and that subsequently, the evidence collected from Klein’s car when he was arrested should not be allowed in court.

Bederow tells NewsChannel 13 in part, “The evidence submitted by the ACSO investigator in support of arrest warrant fails to allege probable cause that ANY crime was committed by ANY person, let alone that Mr. Klein murdered Mr. Rabadi. […] All of the statements made by Klein after his arrest, the gun that was discovered in his vehicle, and the clothes seized from him at the time of the arrest should be suppressed.”

The prosecution could look to use the gun and clothing to connect Klein to video evidence from the scene. The statements Klein made could also help the prosecution.

In a filing, the D.A.’s office argues the arrest warrant was thorough and clearly connected Klein to the crime. The office told NewsChannel 13 on Wednesday that it would not be commenting on the specifics of the case at this time.

The defense made a motion in late 2022 to dismiss the case. The motion was denied.

Klein has ties to the Albany area and attended Albany Academy. He was living in Virginia at the time of his arrest. He was arrested near the Virginia-Tennessee border days after the murder. Law enforcement has said Klein had a relationship with Rabadi’s wife years ago.

Rabadi failed to show up for his job as a physician assistant at St. Peter’s and was found bound and stabbed to death on the floor of his garage.

Rabadi’s family started a legacy fund at Albany Med in his honor. By the end of 2022, it had raised more than $88,000 to support local aspiring physician assistants at his alma mater, Albany Medical College.