A man facing murder charges in Sullivan County is entitled to both exculpatory and inculpatory statements of a key witness as he prepares for trial, Sullivan County Court Judge Frank LaBuda (See Profile) has held. LaBuda said a 2008 statement, in which Michelle LaFrance provided an alibi for defendant Paul Novak, and a 2012 statement in which she implicates the accused in the murder of his estranged wife, must be turned over immediately.
District Attorney James Farrell contended that only the 2008 statement, which he says is false, is immediately discoverable. But he argued that the 2012 statement, which he says is truthful, does not have to be disclosed until the eve of trial under People v. Rosario, 9 NY2d 286 (1961). LaBuda disagreed and said that Brady v. Maryland, 373 U.S. 83 (1963), requires immediate disclosure of both.
