08.23.10
Trial Audio
The following is a new development in the case.
One of the items of evidence collected from 77 Rockaway Rd on June 1, 2008 was the tape of “Hanging at Death’s Door.” Detective Tyler put the tape in his/her inside jacket pocket and forgot to hand it over to the Evidence Detective at the scene because he/she was preoccupied with the suspects.
After concluding the interviews at the station, Detective Tyler delivered the tape to the CPS Lab Evidence depository. Unfortunately, the following day, the lab technician misread Detective Tyler’s handwriting on the submittal form and misfiled the tape with another case file containing numerous tapes of recorded phone calls in an unrelated undercover narcotics investigation. Attempts to locate the tape, until recently, were unsuccessful.
One month before trial, Detective Tyler personally went to the Lab and sorted through every tape in that other case file and, as luck would have it, found the missing tape. To his/her surprise, there was more on the tape than he/she expected. It included introductory remarks by Martin Lewis Siriusz, the song “Hanging at Death’s Door” and an interrupting phone conversation between Siriusz and presumably, Thomas D. Osiski. During the conversation, Siriusz is startled by someone, presumably Zak Nugent Siriusz, eavesdropping on him.
Detective Tyler immediately instructed the lab technicians to test the tape for DNA and fingerprints but no such evidence could be identified. He/she also notified the prosecuting attorneys who, in turn, supplied a copy to the defense. A defense motion to preclude the tape based on unfair surprise was denied. The court has ruled that it would be admissible at trial upon a proper showing of relevance and admissibility otherwise. There is no issue as to authenticity.
Upon being played the tape by prosecutors before trial, Zak Nugent Siriusz confirmed that it is his father’s voice on the recording. Based on his father’s side of the conversation, he said it was obvious that his father was speaking to Thomas D. Osiski. When asked if he was present during that conversation, he said no. He explained that after his father had told him earlier that night that he was leaving his house and instruments to the “Save the Music’ foundation, he (Zak) left the house and went out drinking. He said he was so upset he probably forgot to lock the door or close it properly. He said he returned home at around 4:30am and was so intoxicated that he went straight to bed where he remained until waking up around noon. He said that his activities for the rest of the day were as previously stated.
When asked why he didn’t mention this before, he said he was never asked about what he did Saturday night after arguing with his father. He repeated that he was not at home when his father was recording and speaking on the phone Saturday night.
The prosecution was not able to discuss this matter with the defendant since he is represented by counsel on this pending indictment.
In the civil case, Osiski’s position is that he was never asked about his activities on Saturday night. He admits that he did call Martin Lewis Siriusz that night and tried to persuade him to reconsider his decision to cancel the tour but he (Siriusz) was drunk and obstinate in his refusal. He said he decided to go over to Siriusz’ house the following day to speak to him in the hopes that he could have better luck persuading Siriusz in person. He denies showing up at Siriusz’ home Saturday night.
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