July 6, 2021 at 11:43 a.m.
Discovery issues cause delay in overdose death case
Discovery issues cause delay in overdose death case
Eric Sheets, the attorney for Dalton U. Kampf, took the occasion of a pre-trial conference on June 29 to ask assistant district attorney Mary Sowinski when she would be sending video and photographic evidence accumulated by Oneida County sheriff's detectives at the scene where the victim was found and from the autopsy.
Sowinski said that the documents generated during the investigation were "voluminous."
"It was an investigation that took place over approximately 18 months that did include a number of warrants for social media and other things," Sowinski explained to circuit judge Michael Bloom. "We have sent all of the documentary evidence and that does total just under 700 pages."
She said the DA's office has obtained copies of the interview videos done in conjunction with the investigation, which were also numerous.
"In addition, your Honor, there are approximately 50 pages of material that have not yet been provided," Sowinski said. "And the state has been thinking about how best to provide those documents because they are the photos the sheriff's department took at the scene the day the victim's body was discovered in the home, as well as photos relative to the autopsy."
She also noted that she filed a motion for a protective order that would limit the defendant's use of the photos "for obvious reasons." Sowinski also filed a proposed order that would grant the request for protective order upon Bloom signing it.
"For obvious reasons, the state would want the court to rule on that motion before those photos would be provided," Sowinski said.
Once the order was approved, she said she would put the photos and the recordings of the interviews into the mail with a signature required to ensure delivery to Sheets.
Sheets had no objection to the motion for the protective order, and Bloom approved it. Sowinski stated she could have the last of the discovery in the mail to him by close of business the next day.
Another pretrial conference in the case has been set for August 24.
Kampf was charged March 11 with first degree reckless homicide by delivery of drugs and possession with intent to deliver heroin (<=3G).
He made his initial appearance on March 12 before Bloom. He was bound over for further proceedings following a preliminary hearing April 1 and entered a not guilty plea at arraignment May 3.
According to the police report attached to the criminal complaint, the autopsy report, issued Oct. 10, 2019, listed the deceased's cause of death as "heroin toxicity." Oneida County sheriff's detectives spent nearly a year following leads, awaiting DNA test results and obtaining various search warrants before making an arrest. Key information was also obtained from two different witnesses as well as a cellphone, the complaint indicates.
According to online court records, during the April 1 preliminary hearing, detective sergeant Robert Hebein testified law enforcement tied Kampf to the death through DNA evidence on the baggie the heroin was in as well as cellphone records.
Kampf remains in the Oneida County jail on a $75,000 cash bond. If convicted of the homicide charge, a Class C felony, he could be sentenced to up to 40 years in prison.
Jamie Taylor may be reached via email at [email protected].
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