Ontario County Judge William Kocher has ruled in favor of the District Attorney's motion to unseal the records from Charlie Tan's trial.
Tan, 20, was accused of shooting his father, Jim Tan, in their Pittsford home earlier this year. The trial ended in a hung jury, and at a hearing to schedule a retrial, Judge James Piampiano dismissed the charges, citing a lack of evidence.
As per Judge Kocher's ruling on Monday, the records will remain unsealed for 90 days from November 6.
Last week, Assistant District Attorney Timothy Prosperi said the DA's office wanted a chance to review the transcripts, since Piampiano's decision was issued from the bench. He said they wanted to review the records in order to make an informed decision about how to move forward.
But Tan's attorney Brian DeCarolis says he does not think this will make any difference.
"Well we're disappointed of course, but whether we won or lost today, I think the DA's office was going to continue to move forward in their attempt to, in some way, shape, or form, shake up this decision."
DeCarolis says he remains confident that the DA's office will not be successful in an appeal of the judge's decision, and in the meantime, he's told his client to begin moving on with his life as best he can.
