By Joyce Kryszak
http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-658118.mp3
Buffalo, NY – State Supreme Court Justice Russell Buscaglia set April 28 for jury selection in the new trial date for Lynn Dejac. The woman who served thirteen years for murdering her daughter, Crystalynn Girard, returned to the courtroom Wednesday for the first time since her conviction was overturned.
Dejac still faces three charges for the alleged murder of her thriteen year-old daughter. Appearing in court Wednesday, Dejac was nearly unrecognizable from the emotional woman who was freed only a couple weeks ago.
She was neatly dressed, with hair pulled back, wearing light make-up and a red wool coat. She was composed and calm, appearing much younger and stronger.
Dejac and her attorney, Andrew LoTempio, chose not to speak to reporters. The prosecution also declined comment. In court, LoTempio requested that the Judge not read the previous trial transcripts or grand jury testimony, in case Dejac opts for a non-jury trial.
LoTempio also requested and was granted having all new D-N-A evidence, files and correspondence regarding the evidence be turned over to their experts from the Innocence Project. He said an attorney for the advocacy group might be called on to cross examine witnesses about the D-N-A evidence.
Some of that evidence is linked to Dejac's former boyfriend Dennis Donahue. As expected, he moved Wednesday to have all charges dismissed. The judge will hear oral arguments on that motion January 16.
At that time, the defense will also have an opportunity to object to the posssible admission at trial of a prior statement made by Dejac to authorities. Erie County District Attorney Frank Clark would not characterize the statement. He said they will also move to have certain, so called "bad acts" by Dejac used for cross-examination if she testifies.
When asked if there was any chance that he might opt not to re-try Dejac, Clark responded, "not in a million trillion years."
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