Post by WaTcHeR on Apr 4, 2006 10:39:00 GMT -5
04/04/2006 - A judge Monday ordered a May 1 trial for Juan and Felicita Merced and their oldest child in a continuing probe of fake 911 calls, including some made after the couple's arrest three months ago.
As City Judge James A.W. McLeod set the trial date, prosecutor Michael McCabe disclosed that authorities traced additional fake calls to a cell phone seized from the family March 19 at the Salvation Army Center on Main Street, where they are currently living.
Attorneys for the family objected to prosecutors' efforts to get court-approved voice samples from two of the couple's oldest children, Daniel, 15, and Anna, 14.
McCabe told the judge, "As far as we are concerned, everyone in that house is a suspect." McCabe also said he expects to finally arrange for a voice test of Juan Merced, 49, by the end of this week.
Outside the courtroom, Juan Merced and attorney Ayoka A. Tucker confirmed that he remains willing to submit to voice testing. But Tucker said the Merceds will fight efforts to force any of their nine children to submit to voice testing.
Tucker, the family's chief attorney, said she and attorneys for the children believe voice testing - an imperfect science - could be "opening these children to prosecution down the line."
At present, the Merceds and son Eladio, 17, face trial before McLeod on May 1 on misdemeanor charges linked to fake 911 calls at their 15th Street home between Jan. 13 and 15.
Daniel currently faces juvenile delinquency charges of larceny and obstructing governmental administration in Erie County Family Court for allegedly taking a flashlight from one of the Buffalo police officers who arrested his parents at their home in late January.
The Merceds also face prosecution on child endangerment charges and City Housing Court charges for alleged heating and carbon monoxide problems at their home. Monday, McLeod pressed court officials to appoint an attorney for Anna.
The Erie County district attorney's office is investigating about 1,000 fake 911 calls made from both the 15th Street house and the Salvation Army Center, where the family moved after the alleged violations were filed in Housing Court.
Also Monday, Juan Merced told the media he began a hunger strike Saturday in protest of the prosecution tactics. But after a quick discussion with Tucker outside McLeod's courtroom, he declined to comment further on his protest.
As City Judge James A.W. McLeod set the trial date, prosecutor Michael McCabe disclosed that authorities traced additional fake calls to a cell phone seized from the family March 19 at the Salvation Army Center on Main Street, where they are currently living.
Attorneys for the family objected to prosecutors' efforts to get court-approved voice samples from two of the couple's oldest children, Daniel, 15, and Anna, 14.
McCabe told the judge, "As far as we are concerned, everyone in that house is a suspect." McCabe also said he expects to finally arrange for a voice test of Juan Merced, 49, by the end of this week.
Outside the courtroom, Juan Merced and attorney Ayoka A. Tucker confirmed that he remains willing to submit to voice testing. But Tucker said the Merceds will fight efforts to force any of their nine children to submit to voice testing.
Tucker, the family's chief attorney, said she and attorneys for the children believe voice testing - an imperfect science - could be "opening these children to prosecution down the line."
At present, the Merceds and son Eladio, 17, face trial before McLeod on May 1 on misdemeanor charges linked to fake 911 calls at their 15th Street home between Jan. 13 and 15.
Daniel currently faces juvenile delinquency charges of larceny and obstructing governmental administration in Erie County Family Court for allegedly taking a flashlight from one of the Buffalo police officers who arrested his parents at their home in late January.
The Merceds also face prosecution on child endangerment charges and City Housing Court charges for alleged heating and carbon monoxide problems at their home. Monday, McLeod pressed court officials to appoint an attorney for Anna.
The Erie County district attorney's office is investigating about 1,000 fake 911 calls made from both the 15th Street house and the Salvation Army Center, where the family moved after the alleged violations were filed in Housing Court.
Also Monday, Juan Merced told the media he began a hunger strike Saturday in protest of the prosecution tactics. But after a quick discussion with Tucker outside McLeod's courtroom, he declined to comment further on his protest.