What was supposed to be an arraignment for a Town of Wheatfield man accused of making and possessing bomb materials was postponed 24 hours on Tuesday morning.
Michael O'Neill, who was indicted last week on two counts of making and possessing a destructive device, did not appear in federal court in Buffalo as scheduled, nor was a waiver filed. As a result, Judge Hugh Scott ordered both sides back before him on Wednesday at 10 a.m.
"The judge wants to ensure that he understands his rights under the federal rules of criminal procedure," said Assistant U.S. Attorney Frank Pimentel. "Because there had not been a written waiver submitted to the court, the judge decided that Mr. O'Neill should be here."
O'Neill was severely injured in a July 21 explosion at a Walmore Road residence. Prosecutors say upon further investigation bomb-making materials were found. The device is identified in the indictment as a pipe bomb.
Representing O'Neill in the courtroom was attorney Joseph LaTona, who says his client continues to recover from those injuries.
"The staples are still his leg and I do have a concern about unnecessary pain being inflicted upon him," said LaTona after Tuesday morning's session. "I think the judge is looking into the overall situation and wants to hear from him. I hope the judge would be receptive in the future to allow Mr. O'Neill to waive his presence at future proceedings after tomorrow."
LaTona said O'Neill will enter a plea of not guilty and stands by his claim that the explosives were being crafted for the purpose of blasting tree stumps.
