A 12-year-old murder suspect went on trial in Erie County Family Court Tuesday after Judge James H. Dillon rejected defense evidence-suppression motions.
Dillon adjourned the juvenile delinquency trial until Monday after Buffalo police officers testified about the holdup at the Friendly Delicatessen on Fillmore Avenue in which Ali Nagi, 41, was shot to death. The boy's half brother, Randy White, and Francis E. Lermineau, both 17, are being tried as adults on murder counts in the case, but the boy, whose father is a Florida police officer, faces a maximum five-year term in a state Division for Youth facility if convicted.
Under state criminal law, a boy or girl under 13 cannot be prosecuted in a felony court and can only be sent to a state youth facility if convicted of felony-level crimes.
Dillon; James A.W. McLeod, the county's Family Court prosecutor; and Michael Clohessy, the 12-year-old boy's court-assigned attorney, all refused to comment on Tuesday's closed-door court action.