Judge reviewing grand jury indictment in former Rochester Police captain murder case
Posted at: 04/05/2013 3:03 PM
The retired Rochester Police Captain accused of murdering his own son last summer in Old Forge appeared in Herkimer County Court Friday.
59-year-old Michael Leach is charged with shooting his son, 38-year-old Matthew Leach around 1:00a.m. on July 21. Michael Leach achieved the rank of captain while working for the Rochester Police Department and was with the Perry Police Force at the time of the shooting. He told police he thought his son was an intruder.
News10NBC's affiliate, WKTV in Utica, said, Friday morning, Leach's attorney, Joe Damelio, of Rochester, asked a Herkimer County Court Judge to release the minutes from the Grand Jury proceedings. The judge would not release the minutes, but would review the Grand Jury's indictment.
WKTV is also reporting that Damelio questioned the way the members of the Grand Jury were given instructions and also questioned whether there was sufficient evidence to indict on a murder charge.
Damelio says Leach did not murder his son, but rather mistakenly thought his son was an intruder.
The defense also filed a motion this week to subpoena certain records.
Judge set a court date of April 29 for a determination on those records. He also set a trial date for August 5.