By MORGAN FRISCH
Recorder News Staff
FONDA — Suppression hearings regarding the three Amsterdam teens facing murder charges were expected to begin Thursday in Montgomery County Court, but were adjourned after a motion was filed from the defense.
Brothers Raymond Matros, 18, and Anthony Matros, 16, both of Clarke Avenue, and Christopher Malave Jr., 19, of Bunn Street, were all present with their lawyers Thursday morning. Prior to court being called to order, Montgomery County District Attorney Kelli McCoski and the lawyers met privately for a conference.
According to the New York State Unified Court System, the defense may file motions, called suppression motions, arguing police did not follow correct procedure to get evidence in a case. The motions ask the court to suppress or stop evidence from being used in the case. The hearings to decide if these motions should be granted are called suppression hearings.
The hearings were scheduled from Thursday through Monday, but will not be held due to the motion being filed before the three teens’ court appearance Thursday morning.
Montgomery County Court Judge Felix J. Catena said pursuant to the conference, the defense decided to make a motion. McCoski has until Sept. 14 to respond.
“If the defense raises an issue and makes a motion, then the judge has to give me time to review,” McCoski said.”They are making a motion in regards to an issue they believe came up in a previous proceeding and the judge is giving me some time to respond to that.”
McCoski said she could not comment on the details of the motion.
Catena will decide if they will go forward with the suppression hearings depending on McCoski’s response.
“We will await the people’s response, I will decide the issue and depending upon how it proceeds, we may or may not reschedule the hearings,” Catena said.
The three teens were indicted in April for the death of 23-year-old Alexander Martuscello. Each pleaded not-guilty to the charges filed against them in a 14-count grand jury, McCoski said previously.
The teens were charged with two counts of second-degree murder and two counts of first-degree attempted robbery. Raymond Matros was additionally charged with third-degree criminal possession of a weapon and fourth-degree criminal possession of a weapon.
Authorities alleged the trio, armed with a shotgun, arrived at a Glen Avenue home on March 9 with intentions to settle an ongoing feud and rob the residence.
Martuscello, who had recently moved into the apartment with friends, reportedly made his way onto the front porch and toward the glass door. Raymond Matros allegedly pulled the trigger of a black 12-gauge shotgun with a pistol grip and shot through the door, hitting Martuscello in his upper chest area around 3 a.m.
Martuscello was pronounced deceased at the scene due to the gunshot wound sustained, according to police.
Each of count of second-degree murder charged pertains to a different subsection of the law. One count involves intent to cause the death of a person and the other count involves the intent to commit a felony crime and someone subsequently becoming the victim of a homicide. The second-degree murder charge holds a maximum sentence of 25 years to life in prison.
McCoski said the trial is set to begin on Oct. 30.
Raymond and Anthony Matros and Malave were remanded to the Montgomery County Jail without bail.