Prosecutor refutes claims police failed to preserve evidence in Troy insurance fraud case
Rather, Assistant Cheshire County Attorney
Gasaway filed his objection
Guerriero maintains the prosecution doesn't have a case without the truck. Furthermore, he argues, the defense can't examine the vehicle, and thereby challenge the state's evidence to ensure Champney's right to a fair trial.
Earlier this month, the parties agreed to a day-long evidentiary hearing before Judge
Because of the hearing, the court has postponed Champney's trial from January to June. Coppo is still set to stand trial in March, pending no further delays.
Coppo, 51, of
Guerriero wrote in his September request to dismiss the case that the auto shop sold the remains of the truck in 2012, before authorities could adequately document its charred condition.
"Champney can hardly be faulted for not preserving the truck herself on the off-chance that someday, years later, someone might claim that the cause of the fire was arson," he wrote.
The state didn't file charges against Champney and Coppo until 2014, although a
Gasaway wrote in his objection to Guerriero's motion for dismissal that "The police acted in good faith when they allowed Champney and Coppo to keep the truck." He shot down accusations from the defense that police acted with negligence.
The burned-out cab is with the out-of-state buyer and could be available for the defense to review, Gasaway wrote. He also noted that the buyer took photographs of the fire damage to the truck and shared them with
Two people employed at the business in early 2012,
Both avoided immediate jail time; Fields was ordered to serve his six-month sentence on electronic monitoring with home confinement and Pratt's nine-month sentence was suspended on conditions of good behavior.
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