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Seneca County DA faces criticism, request for sanctions amid trial delay allegations

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  • Staff Report 

District Attorney Mark Sinkiewicz is under scrutiny as attorneys Lawrence Kasperek and Ben Susman, representing two murder defendants, Wayne Ellison Jr. and Christopher Kesterson, called for sanctions.


The attorneys claim that Sinkiewicz’s last-minute evidence submission caused a delay in the trial slated for Aug. 21, according to reporting this week by the Finger Lakes Times.

The duo faces charges for the shooting death of Texas native William Waugh in September 2022. Authorities link the incident to a preceding bar altercation.

In a recent court session, Sinkiewicz revealed handing over nearly 1,100 pages of discovery, primarily concerning serology and DNA evidence, claiming much of it was redundant.


Kasperek and Susman countered, suggesting the new evidence contained previously unseen witness statements. The defense lawyers contend that Sinkiewicz violated the state Penal Law 30.30, which ensures the right to a prompt trial.

While Sinkiewicz defended his timeliness and intent in evidence provision, Judge Barry Porsch acknowledged the irregularity of such a late evidence submission, committing to a detailed review of the situation but assuring the trial’s continuation.