Cardenas trail set for March

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January 25, 2012

Staff Reports The Journal-Register Wed Jan 25, 2012, 01:20 PM EST

ALBION —

The trial of Carlos Cardenas will move forward in March at the Orleans County Court following the conclusion of a pre-trail hearing on the admissibility of statements made by Cardenas.

District Attorney Joe Cardone will be able to use statements made by Cardenas to immigration and law enforcement officials in weeks after the 2011 death of Katherine Sanchez. That includes an 11-page signed statement that details Sanchez’s death and burial.

Cardenas has been charged with two counts of second-degree murder and first- and third-degree rape in Sanchez, his underage sister-in-law. His trial is scheduled to start March 5.

Public Defender Sanford Church had challenged whether the statements had been obtained legally. Following a Feb. 13 traffic stop in Holley, Cardenas was transferred between local, county and federal departments, which along with a language barrier presented the possibility that his statements could be suppressed at trail.

Judge James Punch heard from both sides and the men who transferred Cardenas between departments and to the apple orchard where Sanchez’s body was uncovered before ruling that the statements could be presented at trail.

Cardone said allowing the use of Cardenas’ statements was important.

“From our perspective, if evidence is legally obtained it’s important that it gets to jury, they rely on our evidence to reach a just decision,” Cardone said. “We fight hard to keep evidence from being suppressed.”

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