Rochester (WSYR-TV) – The Cayuga County District Attorney’s office was in Rochester on Wednesday in an effort to have the indictment of a man they believe killed Katie Socci reinstated.
Socci’s ex-boyfriend David McNamara was indicted for her murder in 2011. The young Auburn mother had been found by police over the previous summer. Her body was recovered after a day-long search that ended in a wooded area.
McNamara was arrested on drug charges shortly after Socci’s death and was indicted on the murder charge while in jail.
His indictment was thrown out by a Cayuga County judge, however, when his attorney challenged it on a technicality. The lawyer, David Elkovitch, said that McNamara was not given an opportunity to testify in front of a grand jury on the murder charge. McNamara had declined to testify in the drug case.
If the District Attorney’s office is unable to overturn the county judge’s ruling through the New York State Court of Appeals, they will need to start the case all over again with the grand jury.
A written decision on the appeal is not expected until at least the end of the month.
In the meantime, McNamara remains in prison on the drug charges.