Hadi Matar (Photo Courtesy of Chautauqua County Jail)

The Jamestown Post-Journal reports the trial for the man accused of stabbing author Salman Rushdie at Chautauqua Institution last summer could be scheduled for this fall.

Hadi Matar of New Jersey has been charged with 2nd Degree Attempted Murder and 2nd Degree Assault. He pled not guilty to those charges in Chautauqua County Court and has been in the County Jail in Mayville without bail. Matar faces 32 years to life in prison if found guilty of the charges.

Matar is accused with stabbing Rushdie on August 19 at the Institution. Rushdie lost his sight in one eye and one of his hands is “incapacitated” following the attack.

Matar is being represented by Public Defender Ned Barone.

Jason Schmidt

The Chautauqua County District Attorney says he needs more time to review evidence in the case against the man accused of stabbing author Salman Rushdie.

DA Jason Schmidt, Public Defender Ned Barone, and the man accused in the case, Hadi Matar, were in Chautauqua County Court for a discovery conference Wednesday.

Schmidt told Judge Dave Foley that the prosecution was still reviewing over 30,000 files from the State Police as part of its investigation. In a statement to media, Schmidt said due to this “exceptionally voluminous” amount of materials the prosecution is afforded an additional 30 days to meet its obligation without making a motion in court.

Under New York’s discovery laws, the prosecution is required to comply with disclosure obligations within 20 days after a defendant is arraigned on an indictment.

All parties will appear in court again on Tuesday, September 13. Schmidt stated he plans to request a limit on who is allowed to review material disclosed ahead of trial.

Hadi Matar (Photo Courtesy of Chautauqua County Jail)

The man accused of stabbing author Salman Rushdie last week at Chautauqua Institution pleaded not guilty to second-degree attempted murder and assault charges on Thursday and was held without bail.

24-year old Hadi Matar was arraigned in Chautauqua County Court on an indictment returned earlier in the day by a grand jury that charged him with one count of second-degree attempted murder, which carries a maximum sentence of 25 years in prison, and one count of second-degree assault.

Judge Dave Foley issed a temporary order of protection for Matar to have no contact with Rushdie and Henry Reese, who also was injured in last week’s attack. He also ordered all lawyers to not discuss the case in the media. He said he would consider Public Defender Ned Barone‘s request to release Matar on bail.

Barone requested a gag order on all parties, citing concern that high media attention could taint perspective jurors, “The more things are leaked or the more things are spread out there is going to influence the jurors in this county and the opinions they’re forming. So, one of the constitutional rights for anybody, I’m not talking about Mr. Matar, anyone accused of a crime is entitled to a fair trial. I made this arguement in the court room and that is something that is the cornerstone of our society.”

Foley is expected to rule further on the gag order at a later date.

Matar will return to court at 9:00 a.m., September 7 for an evidence discovery conference.

Chautauqua County Legislature

While a motion in support of best practices to overcome COVID-19 failed to receive enough signatures to come to the floor, it garnered an hour’s worth of public comment at Wednesday’s Chautauqua County Legislature meeting.

The motion proposed by Fredonia Democrat Susan Parker included language supporting the County Health Department in their efforts to get residents vaccinated and encouraging residents to wear masks. It needed 10 signatures to come to the floor to be voted on and only received four.

Of those who spoke at the first privilege of the floor, ten residents spoke in favor of the motion while eight spoke against it.

Barbara Colt, speaking on behalf of the Chautauqua Cattaraugus Women and Men’s Action Group (CCWAG), said they support the County Department of Health and State Department of Health, “Our Department of Health and Human Services has fought relentlessly for more than two years to reduce the overwhelming effects of COVID. A disease that continues to damage, debilitate, and extinguish the lives of our county residents. CCWAG requests that the County Legislature supports these public health measures and policies.”

Seth Viticus of Jamestown encouraged the Legislature to withdraw the motion, saying it offered nothing new in combating COVID-19, “I propose to talk with County Health Department to instead encourage more healthy lifestyle choices, so when people do get the COVID virus their body is better suited to fight it. I’m not here to debate the vaccine or the masks, but if we’re going to waste resources and manpower, then let’s use it for something more productive.”

Legislator Terry Niebel said he while he supported parts of the measure, there were other items that led to him not signing the motion, “Where it talks about residents age five and older, we’re encouraging those people to be vaccinated – our residents five and older are children. That should be a decision between the children, their parents, and their doctors.”

Legislator Parker commented at the second privilege of the floor, saying the motion was presented for a simple reason, “That the Chautauqua County Legislature endorses and supports our County Health Department’s every day efforts for over two years and continuing to protect Chautauqua County residents from the most deadly and debilitating pandemic in more than a century.”

Parker said Legislators missed an opportunity to endorse the legitimacy of the Health Department’s work in the community, “We missed an opportunity to show support for our medical community bearing the brunt of treating the sick and dying residents. We missed an opportunity to show support for our schools, businesses, and organizations that are all working to stay open and continue serving our community.”

The County Legislature approved a number of resolutions including the approval for the Public Defender’s office to lease 4,147 square feet of space on the third floor of the Jamestown Municipal Building. The five year lease starts at $4,479 this year and increases each year to $5,374 in 2026. Public Defender Ned Barone expressed his thanks to the Legislature for their support.

Chautauqua County Legislature Oath of Office (1/3/2022)

Four new legislators were sworn in at the Chautauqua County Legislature‘s organizational meeting Monday.

Republican Marty Proctor replaced Bill Ward in District 18 with Dave Wilfong replacing Bob Whitney in Jamestown District 11. Both Procter and Wilfong had previously served on the Legislature. Democrat Billy Torres replaced Chuck Nazzaro in Jamestown District 9. Nazzaro had chose not to run again. Democrat Susan Parker replaced Christine Starks in Fredonia District 4.

The legislature also voted to replace Mark Odell on the Legislature with John Penhollow of Sinclairville. Odell had resigned in July after moving out of the district, but his name remained on the ballot. Penhollow was appointed to fill his term last year.

Legislator Pierre Chagnon was unanimously elected the chair of the Legislature.

The legislature approved the reappointment of Ned Barone as Public Defender. The appointment is a 2-year term.

They also appointed Olivia Lee as the new Clerk of the Legislature. Lee replaces Kathy Tampio, who is retiring after 10 years as Clerk. Legislator Chagnon and County Executive PJ Wendel presented Tampio with a commendation for her service at the meeting.

The body will vote to reappoint Ned Barone as Public Defender. The appointment is a 2-year term.

The legislature also will vote to replace Mark Odell on the Legislature with John Penhollow of Sinclairville. Odell had resigned in July after moving out of the district, but his name remained on the ballot. Penhollow was appointed to fill his term.

Other resolutions include the appointment of the chair of the Legislature. Pierre Chagnon has served in that role and is expected to be reappointed. There will be a resolutions to appoint Legislator Tom Harmon as Majority Leader with Lisa Vanstrom appointed as Assistant Majority Leader. Legislator and Democrat Bob Bankoski will be voted on to be Minority Leader with Jamestown Legislator Paul Whitford as Assistant Minority Leader.

The organizational meeting will take place at 4pm in Legislative Chambers in the Gerace Office Building in Mayville.

• AUDIO ALSO AVAILABLE AT SOUNDCLOUD

Originally airing on Thursday, Dec. 12, 2019

WRFA’s Jason Sample talks with Chautauqua County Public Defender Ned Barone to get his take on the state’s new Criminal Justice reform measures that will be going into effect starting January 1, 2020 and why he is in favor of them.

• RELATED: SHERIFF JIM QUATTRONE AND DISTRICT ATTORNEY PATRICK SWANSON DISCUSS CRIMINAL JUSTICE REFORM (SEP 2019)

Ned Barone

Tyler Perez

MAYVILLE – The the trial for a Jamestown man accused of killing a 16-month-old toddler over five years ago will soon get underway in Chautauqua County Court.

The Jamestown Post-Journal says jury selection in the case against 35-year-old Tyler Perez will begin today in Mayville.

Perez was indicted in March on a charge of 2nd degree murder after he was initially sent to the county jail without bail on a charge of first-degree manslaughter by an adult against a victim under the age of 11.

In April 2014, 16-month-old Nayla Hodnett of 218 1/2 Newland Ave. was taken to WCA Hospital’s emergency room by her mother before being flown to Buffalo Women & Children’s Hospital for further treatment. The child later died of her injuries. An autopsy determined the child died of blunt-force trauma.

A few weeks following the death Perez was named as a person of interest in the case but was not formally charged in the case until last March.

Perez is being represented by Chautauqua County Public Defender Ned Barone.

The trial is scheduled to be heard in front of Judge M. William Boller out of Buffalo.

David Waggoner

MAYVILLE – The Jamestown man found guilty earlier this year in the shooting death of another city man will spend 20 years to live in prison.

The Post-Journal is reporting 54-year-old David Waggoner was sentenced Monday in County Court. The sentence comes after a Jury found him guilty of 2nd degree murder in March.

In July 2018, Waggoner was charged for shooting 30-year-old William Michishima outside of Waggoner’s residence on Livingston Ave. The incident took place following a dispute over a stolen motorcycle. Michishima died later in an Erie hospital.

During the trial, Waggoner’s attorney, public defender Ned Barone, didn’t deny Waggoner was involved in the shooting but instead used the argument that he was acting in self defense.

Waggoner could have received sentences in the range of 15 to life and 25 to life. Prior to his sentencing , Barone read a prepared statement from Waggoner that depicted himself remorseful and apologetic, but maintained that his actions were the result of him entering “survival mode.”

Barone cited Waggoner’s commitment to his job, family, and lack of previous criminal convictions as reasons why he wasn’t given the maximum sentence.

David Waggoner following his arrest in July 2018

MAYVILLE – The trial involving a murder of a city man last summer continued in Mayville Thursday with the defense calling its witnesses to the stand.

The case involves a charge of 2nd degree murder against 54-year-old David Waggoner, who is accused of shooting 30-year-old William Michishima at 114 Livingston Ave. in Jamestown on July 24, 2018.  Michishima was taken to an Erie hospital and died the following day. The incident is believed to have stemmed from a dispute over a motorcycle. Waggoner is being defended by Public Defender Ned Barone.

According to the Post-Journal, the Defense is making an argument that Waggoner was justified in his actions, which were in response to Michishima’s aggression.

Barone reportedly called numerous witnesses to the stand Thursday ranging from law enforcement officers to individuals who knew Michishima in an effort to establish that Waggoner had knowledge of Michichima’s alleged propensity for violence.

The trial continues Friday in county court.