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JUDGE BANS PUBLICATION OF TESTIMONY IN PRETRIAL HEARING

Allegany County Judge Wayne A. Feeman is prohibiting publication of some testimony in a Nov. 24 murder case hearing.

Feeman has ordered that some testimony in a hearing to determine admissibility of evidence in the case against Fred E. Perry Jr., 19, of Wellsville go temporarily unpublished.

He acted on a request of Perry's assigned counsel, Ray Bulson of Cuba, to limit publication of testimony about statements Perry made to police and those made by fellow jail inmates.

Perry and Joseph Allen, 16, also of Wellsville, are accused of murder, conspiracy, robbery and arson in the death May 21 of James J. Doan of Alma.

Perry and Allen have been in the Allegany County Jail in Belmont since three days after Doan's slaying.

They are accused of shooting him in his home, robbing him, hauling his body to a nearby barn and setting fire to the barn in an attempt to conceal the crime. Feeman scheduled the evidence-suppression hearing for 2 p.m. Nov. 24.

Warren Emerson, Feeman's principal court attorney, said Friday the lawyer who argued against the order Feeman issued asked for a delay of the hearing so he could appeal to a higher court.

But Emerson said Feeman denied the request from Wesley R. Powell of the New York law firm Rogers & Wells, which submitted a brief on behalf of the Cuba Patriot, a weekly paper in the county.

"We have not heard from the appellate division, but we may get a phone call," said Emerson.

Powell said Friday he would appeal to the Appellate Division of State Supreme Court in Rochester, Emerson said.

Feeman denied Bulson's request to close the hearing to the press, but wrote that the media may attend the hearing without recorders or cameras.

Bulson had argued that revealing the testimony in the pretrial hearing would jeopardize his chance to select an impartial jury to hear the case, regardless of what testimony is eventually admitted or excluded.

Feeman said his restrictions on publishing the hearing testimony will evaporate with the seating of a full jury with alternates, the conclusion of the case before a jury verdict or permission to use the testimony is granted by Perry or his lawyer.

Feeman also wrote that he is not attempting to prohibit publication of information about the testimony "obtained from any source other than in-court testimony, or in-court arguments of counsel."

His eventual decision in the hearing is also not covered in the order, he said.

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