LOCKPORT – Andre L. Jenkins, the Florida man accused of murdering two local members of the Kingsmen motorcycle club, cannot be told the name of a witness against him for the time being, a judge has ordered.
However, defense attorney Dominic Saraceno said Jenkins already knows the name because at Jenkins’ arraignment, the Niagara County District Attorney’s Office turned over a recording of a phone call between Jenkins and the witness.
“My client already knows who it’s from, because he’s on the call,” Saraceno said this week.
He said he will comply with the order by not playing the recording for Jenkins yet. However, he said he expects the tape will be played in open court at an eventual hearing on admissibility of the evidence.
Deputy District Attorney Doreen M. Hoffmann asked County Judge Sara Sheldon Farkas for a protective order barring disclosure to Jenkins of a name contained in evidence already turned over to the defense. After court, she declined to explain further.
She did confirm that Jenkins is at least a former member of the Kingsmen, but wasn’t sure if he is currently a member. He was arrested Nov. 8 in McIntosh County, Ga., near Savannah, and extradited to New York. He pleaded not guilty Nov. 25 and is being held without bail.
Jenkins, 36, who listed a home address in Deland, Fla., is charged with one count of first-degree murder and two counts of second-degree murder in the deaths of Paul Maue, 38, of Buffalo, and Daniel “DJ” Szymanski, 31, of Getzville. Police said they were shot in the back of their heads as they sat in a car parked behind the Kingsmen clubhouse on Oliver Street in North Tonawanda about 3 a.m. Sept. 6.
Saraceno said the recording, to which he has listened, is a 22-minute tape of what police refer to as a “controlled phone call.” That’s when a witness under police supervision calls the suspect and tries to get him to incriminate himself.
“The cops had another guy call (Jenkins) and try to elicit a confession. He continues to deny it (on the tape),” Saraceno said.
Asked if the caller was the tipster who told police where the murder weapon could be found, Saraceno said, “I don’t know, but I don’t think so.”
Hoffmann declined to comment on that issue.
Local police agencies searched fields along Route 219 in Orchard Park and Boston for several days in late September before finding a handgun. The Buffalo News previously reported that the gun was shown in ballistics tests to be the one used to kill Maue and Szymanski.
Also Thursday, Farkas granted Hoffmann’s request to force Jenkins to give a DNA sample.
The prosecutor said DNA swabs taken from the car in which the men died disclosed the presence of unidentified DNA, and she wanted testing to determine if Jenkins is the source of that DNA.