AUBURN – The attorney representing a man who shot his ex-girlfriend to death is seeking the personnel file of the police officer who arrived first at the scene of the 2005 shooting.
Leonard Sharon said Friday he has information that, if true, might be used to cast doubt on the credibility of the police officer.
Sharon’s client, Daniel Roberts, 37, of Sabattus is charged with the murder of Melissa Mendoza, 29. Roberts admitted shooting Mendoza with a handgun, but claimed it was done in self-defense. At the time, the couple was embroiled in a custody dispute over their then-2-year-old daughter, Savannah.
Sharon argued in Androscoggin County Superior Court on Friday morning that he should be able to view privately the personnel file of Sabattus police Officer Katherine Irazzary. If it were to contain any information that showed she might have engaged in conduct that had elements of fraud, he would bring that information to the attention of the judge presiding over the case. Justice Joyce Wheeler would then review the file privately and decide whether Sharon could use information gleaned from the file during the trial in an effort to impeach Irazzary’s testimony.
Assistant Attorney General William Stokes said Sharon sounded as though he was on a fishing expedition backed up by “fairly vague” information. “It sounds like we’re guessing” that the file “may or may not” corroborate Sharon’s tip, Stokes said.
If the court were to allow the file to be examined, state prosecutors and the attorney for the town of Sabattus said Wheeler should be the one to review it. But Sharon said only he would know whether the information would be useful.
Sharon also was seeking Friday to get records from attorneys who represented Mendoza in her custody dispute with Roberts before her death. Wheeler ruled earlier that Mendoza’s lawyers could waive their attorney-client privilege and testify about what she told them.
One of those attorneys, Robert Guillory, told Wheeler on Friday that he and his associates would rather she ordered them to comply, rather than simply allowing them to do so.
Wheeler said she would consider the two motions before making her rulings, most likely next week.
In a related matter, Wheeler said she would review a list of 106 questions Sharon said he would like to see included in a questionnaire to be answered by prospective jurors at the Roberts trial. The questions range from queries about family income and personal politics to the Hells Angels and which TV shows about cops and forensics are most watched.
Stokes questioned the relevance, appropriateness and possible intrusiveness of many of the questions proposed by Sharon.
One of the questions: “Please name the three public figures that you admire most” seemed particularly irrelevant, Stokes said.
“I had hoped one of them would be me,” Sharon quipped.
Stokes shot back: “Hope springs eternal.”
A trial date is scheduled for Feb. 5 starting with jury selection.
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