BUFFALO, N.Y. — Monday afternoon in federal court, a judge heard oral arguments in a case involving nine defendants including Peter Gerace.
This case involves charges ranging from witness tampering to drug charges.
Gerace is the owner of Pharaoh's Strip Club, and he's awaiting trial on bribery, drug trafficking, and sex trafficking charges. But this case started last year after a key witness who was set to testify against Gerace died of a drug overdose.
Crystal Quinn, a former Pharaoh's employee, died of a drug overdose last summer in Wellsville. Quinn was set to testify against Gerace in the drug and sex trafficking case against him.
Prosecutors allege she was "intentionally provided with a lethal dose of fentanyl" to keep her off the stand. In total, nine defendants are charged in a case having to do with the circumstances surrounding her death.
They include Simon Gogolack, whose Wellsville home the FBI raided last August. He faces a long list of charges including kidnapping and witness tampering and intimidation. Gerace, who in this case is charged with conspiracy to defraud the U.S., witness tampering, and retaliating against a witness.
Gerace, who is in the Chautauqua County Jail, was not in the courtroom on Monday, but six of the people charged in this case were. On Monday, in federal court where cameras aren't allowed, defense attorneys argued that prosecutors didn't give them access to discovery evidence in a timely fashion. Several requested a hearing to find out more.
The U.S. Attorney's Office said they didn't want a hearing and are ready to move forward with the case.
The magistrate judge said he found no basis for a hearing but said the Speedy Trial Act needed to be revisited. Judge Jeremiah McCarthy told the courtroom he would issue a decision and recommendation in the coming days rescinding the previous Speedy Trial Act exclusion. The Speedy Trial Act limits the amount of time that can go by from an indictment or first court appearance to the start of a trial.
The judge went on to say he thinks there will be motions to dismiss the indictment.
2 On Your Side talked off-camera with one of the defense attorneys outside court on Monday afternoon. He confirmed there will be motions to dismiss and thinks this will all take a few months to play out in court.