Lawyer says Mt. Kisco cop is fall guy in Perez case

The attorney for a Mount Kisco police officer charged in the death of a homeless immigrant was in court Thursday to request more information that he says proves his client is being used as a scapegoat.

George Bubaris is charged with manslaughter for the death of Rene Perez. Perez was found dying on the side of Byram Lake Road in Bedford in April 2006. Bubaris? attorney, Edward Hayes, is trying a number of legal maneuvers to help vindicate his client.

Hayes is asking the court to subpoena the Bedford Police Department in order to get details of Perez?s encounter with officers on the evening of his death. The Westchester district attorney is trying to prevent Hayes? request to subpoena Mount Kisco Police Officer Edward Dwyer, who was working with Bubaris that night. A subpoena for the supervisor on duty that evening, retired Lt. Edward Dunnigan, has been met with the same opposition.

The defense also moved to have the entire manslaughter indictment dismissed, but that was denied. Hayes is trying some other legal maneuvering by attempting to get Bubaris? statement to Bedford police dismissed. A hearing has been granted for that dismissal.

Hayes was granted until Feb. 6 to allow a private medical examiner to review Perez?s autopsy report and prepare the case. Motions to get more information from the Bedford Police Department are expected to be entered next week.

Hayes believes his client is being made a scapegoat because of his low level of seniority in the police department.

?He's the junior guy,? said Hayes. ?And the lieutenant and the much more senior cop that night says ?don't arrest Rene Perez. Don't bring him to the hospital, but he can't sleep here. We don't want him staying here.??

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