Daily Gazette

Defense says Schenectady shooting suspects were victims
Pair on trial in Frank Street shooting
Friday, November 14, 2008

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— Attorneys for two men on trial in a March shooting and standoff argued Thursday their clients were victims who were being shot at by another man.

Todd Monahan, attorney for Jayvon Ganger, argued the only evidence of a shooting that day on Frank Street was shell casings on the other side of the street.

No damage was found that could have originated from where his client stood and, he argued, only one witness — unreliable — could definitively put a gun in Ganger’s hand.

“He’s the victim,” Monahan argued. “He’s the one getting shot at, yet he’s on trial.”

Prosecutor Amy Burock argued the allegedly unreliable witness is corroborated by other evidence and that both men knew there was going to be a shootout that morning.

Ganger, 19, and Keith Payne, 20, both of the Bronx, are on trial in Schenectady County Court, accused of attempted murder, reckless endangerment and other counts. They are accused of the incident on Frank Street March 31, shooting with another man, 21-year-old Akeem Ulmer, and at a fourth man, Eliel Pope.

The shooting was allegedly over a woman.

No one was hit but Ganger, Payne and Ulmer quickly retreated into nearby 225 Frank St. Police ultimately tear-gassed the apartment, using the nearby apartment of a 99-year-old woman as a staging area.

Ulmer later pleaded guilty to a weapons count and faces up to 15 years in state prison. Pope also faces charges in the shooting, which remain pending.

In making their argument that Payne and Ganger weren’t shooting, defense attorneys had to get past police video that apparently showed Ganger talking with others about one of the guns allegedly used. Ganger, alone in a police interrogation room, is seen yelling through the wall about a .357 to one of the other suspects.

The video was the first such to be shown to a jury in Schenectady. It was among the first to be recorded as part of a district attorney’s effort to get police questioning recorded, rather than only put on paper.

Cameras are turned on once suspects enter the room and record even as they sit alone. The shootout happened the day before the city police policy went into effect and apparently only Ganger’s room was caught on video.

The system, Schenectady County District Attorney Robert Carney said previously, was sought precisely after questions from jurors in previous cases about why interviews were not videotaped.

Payne attorney Michael Braccini argued that witness Juanita Mayben testified against the men because she barely knew them, making the men easy targets.

Burock argued Mayben’s testimony was corroborated by other witnesses. The defense, she said, focused on her because her testimony is so damning.

Mayben testified under a plea agreement where she received two to four years on a weapons count related to the case.

Burock also argued all three knew there was going to be a gunfight. There were three suspects and three guns were recovered at Frank Street.

“They had advance notice of trouble,” Burock said. “They knew there was going to be a gunfight. And they knew not to go to a gunfight without a gun.”



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