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Jury Not Duped Despite Prosecution’s Hands Being Tied


01/16/2014

Erie County District Attorney Frank A. Sedita, III announces that 24 year-old Glasco P. Rozier, III of 114 Domedion Avenue in the City of Buffalo was convicted of Criminal Possession of a Weapon in the Second Degree, as charged, following an eight day jury trial before Erie County Court Judge Kenneth F. Case. The defendant was represented by Emily Trott, Esq.

On September 13, 2012, Buffalo Police Officers Mark Hamilton and Michael Acquino observed Rozier exit a vehicle at 117 Domedion Avenue, repeatedly look at them, and flee.  Knowing that Rozier lived close by, the officers stopped their vehicle to further investigate the suspicious behavior.   In the backyard, the officers observed Rozier standing next to a City of Buffalo garbage tote, which contained a loaded .22 caliber pistol Rozier had hidden just moments before.

When questioned by the officers, the defendant admitted the gun was his but explained he purchased it to protect himself from those with whom he was “beefing.” In a stunning co-incidence, Rozier also had 19 individually wrapped bags of marijuana and $450 in cash his possession, suggesting that the defendant illegally possessed a loaded pistol to protect his inventory and assets from business rivals.  Subsequent DNA analysis confirmed the gun was possessed by the defendant.

Before trial, the court suppressed the defendant’s admissions, barring the prosecution from introducing them into evidence. The court also precluded the prosecution from introducing evidence suggesting the possessed a gun to protect his illicit business.

Knowing the prosecution was barred from mentioning the defendant’s numerous admissions and knowing the prosecution was barred from mentioning the defendant’s motive, defense counsel suggested her client was framed by the police, going so far as to claim the defendant was “unfairly targeted” and “persistently plagued” by the arresting officers. Fortunately, an Erie County trial jury saw through counsel’s less than candid remarks, rejected the disingenuous defense, and returned the appropriate verdict.

The case was successfully prosecuted by ADA Seth Molisani, who is assigned to DA Sedita’s Felony Trial Bureau. DA Sedita also recognized the outstanding police work of Officers Acquino and Hamilton, stating: “This case, like so many others, was based upon the work of Officers Acquino and Hamilton. Dozens of dangerous felons are in jail because of their diligence and professionalism. The citizens of the City of Buffalo are indeed fortunate to have such forthright and dedicated officers protecting them.”   

Rozier was remanded without bail pending his sentence and faces a minimum of 3½ years and maximum of 15 years when he is sentenced before Judge Case on April 1, 2014.