New details on the crash on 390 that killed Kaitlin Charity, the young SUNY Geneseo student: John Martarello, a truck driver, is charged with leaving the scene of an accident and perjury. News 8 Now has learned the details of that crash through the grand jury indictment papers submitted on Wednesday.
John Martarello walked out of court in silence after turning himself in.
His lawyer, Frederick Neroni did have words for the media, he says his client did not hit Kaitlin Charity with his truck.
“I think that what's been released to the newspapers is that he's the one that struck the girl and that's not correct and I think that's really unfair,” says Frederick Neroni.
The District Attorney's office disagrees and says they have the evidence to prove it.
“I believe as time moves forward, all of the facts and circumstances will come forth and you'll see why charges were laid in this particular set of circumstances,” says Livingston County district attorney Tom Moran.
In fact, prosecutors are using Martarello's own words against him. According to the indictment, the truck driver says he was following a dark blue pt-cruiser the morning of the accident and saw the car hit something. Martarello also says he was passing another tractor-trailer at the time. Prosecutors say it's all a lie.
“Perjury is a very difficult charge to prove in
However, Martarello's lawyer says the investigation is not only flawed but that his client unknowingly made himself a target of investigators.
“I think that so many people are jumping here that there's evidence that's been submitted here. His truck, it's a Peterbuilt truck, a bird can go through the windshield at 65 miles and hour and there's no damage to it…to say something went underneath it, it's already on the ground,” says Neroni, “he's a truck driver, he's not the brightest star in the sky either, he's a nice guy, that's why I'm getting involved in this OK?”
Prosectors argued in court to hold Martarello on $25,000 bail, however, Judge Dennis Cohen released Martarello without bail.