MAYVILLE – The Jamestown Post-Journal is reporting that the Justin Haffa attempted murder trial in Chautauqua County Court will continue, despite an effort by the defense to make a motion for dismissal of charges and mistrial were denied.
Haffa is the Cheektowaga man accused of attacking sheriff deputy Sara Cunningham during a traffic stop along Route 60 in the town of Pomfret in the early morning hours of Sept. 11, 2016. Haffa allegedly wrestled the Cunningham to the ground and took her service weapon before fleeing the scene. He is facing charges of first-degree attempted murder, first-degree robbery and aggravated assault on a police officer.
Last week Cunningham testified she had a follow up visit with a physician and that information was not provided to public defender Ned Barone. As a result, Barone made a motion for a dismissal of charges and a mistrial, but after a lengthy discussion, the motion was denied by Judge David Foley. This is the second time Haffa is being tried for the incident after a mistrial was declared the first time when the prosecution failed to provide evidence to the defense.
In denying the defense’s requests on Tuesday, Judge Foley said the issue didn’t impact the integrity of the jury since it was outside their presence.
Trial will resume today in Chautauqua County Court.