Emily DeVito & WNYT Staff
Updated: January 09, 2020 01:06 PM
Created: January 09, 2020 12:53 PM
The brand-new criminal justice reform laws that just went into effect are still a very big topic. The defense attorney for a local radio DJ took advantage of the new laws on Thursday.
Brian Angelo, also known as DJ Iroc, is facing sex abuse charges. NewsChannel 13 told you about his arrests in January and March of last year.
Now his defense attorney wants access to the alleged crime scene -- something that may not have been possible just a few weeks ago.
Angelo is facing several charges, including predatory sexual assault against a child. Colonie police say Angelo sexually abused a 12-year-old girl in 2009. He has pleaded not guilty to the charges.
Angelo was in court Thursday. His defense attorney, Joel Abelove, was asking the court to allow the defense to go to the radio station in Colonie -- the alleged scene of the crime. That's something that can now be requested due to new criminal justice reform laws.
"Previously, the defendant was never allowed to ask for a court order for that. You could certainly request of the owner of the premises to go in and inspect it and take pictures, but if you were told no you didn't have any recourse and now under this statue you do," said Abelove.
This is the first motion of its kind filed in Albany County under these new laws -- and possibly the first in the state.
"Any information that you can get as a defense attorney is potentially helpful. So to be able to go and see the alleged crime scene is always beneficial," Abelove said.
While Abelove said he anticipated this outcome because it was a business he was looking to go to, others are concerned for what it will mean with a crime scene is at a victim's home. They say it will be unfair to the victim.
While some have put out the possibility of the defendant themselves getting access the scene of the crime -- Abelove said that's not the way the statute is written.
"If you look at the judge's order, the judge ordered myself or my representative to go and view the scene, not the defendant," he said.
Judge Peter Lynch in Albany County Court did order Abelove to go visit the radio station Friday.
Angelo's trial is set for later this month.
It will be a wait-and-see for how judges rule on other cases like this -- especially when it could be a victim's home that the defense is trying to get access to.
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