A judge on Wednesday refused to give permission to the lawyers for a Long Island woman, accused of making up rape allegations against two Sacred Heart University football players, to have the school records of the two young men.
“I am denying the motion and counsel can seek to issue subpoenas during the regular course of the trial,” Superior Court Judge William Holden ruled.
He then continued the case to April 11.
“We still intend to subpoena those records,” said Ryan O’Neil, who with Mark Sherman represents Nikki Yovino. “So we are not overly concerned with the decision and it will not necessarily stop us from getting this information.”
Frank Riccio II, who represents the two young men, said he had anticipated the decision based on current law.
“If counsel for Miss Yovino still tries to subpoena these records, I’m sure the lawyers of Sacred Heart University will have something to say about it,” he said.
Yovino, 20, is accused of falsely claiming she was raped after having consensual sex in a bathroom with the two men because she didn’t want to lose another young man as a prospective boyfriend.
Yovino, who left Sacred Heart and now works in real estate in Long Island, is charged with second-degree falsely reporting an incident and tampering with or fabricating physical evidence. If convicted of the charges — one a felony and the other a misdemeanor — she could face up to six years in prison.
O’Neill, who previously said in court he intends to claim Yovino was sexually assaulted by the two men, had asked the judge for permission to subpoena the school records of the two young men from Sacred Heart University.
He said he believes the records may contain information relevant to the case including information from another woman who complained she had been sexually assaulted by the same men on the same night as Yovino.
Read more at: https://www.ctpost.com/local/article/Judge-refuses-to-give-up-school-records-in-false-12770431.php