Niagara Falls homicide case heats up

Rick Pfeiffer, Lockport Union-Sun & Journal, N.Y.
·2 min read

May 5—Niagara County prosecutors and a public defender battled in court on Tuesday over whether the district attorney's office has turned over required materials in a Falls homicide case.

The attorney for Brian Miskho told Niagara County Court Judge Matthew J. Murphy III that prosecutors failed to provide police reports required to be disclosed to the defense in criminal trials under the state's new criminal justice reform laws. Prosecutors insisted that they had turned over "all the required discovery."

Murphy said he would rule on the matter by June 15.

Miskho, 31, has been charged with second-degree murder in the stabbing of Thomas Anderson. He has pleaded not guilty to the charge.

Murphy has ordered Miskho remanded to the Niagara County Jail while he awaits trial.

Falls Police detectives said Anderson, 49, at the time of his death, was stabbed near his home in the 600 block of 20th Street around 6 p.m. Dec. 15, 2019. Patrol officers who responded to the scene said Anderson was conscious and talking to them before he was transported by ambulance to the Erie County Medical Center in Buffalo for treatment of his wounds.

When Falls Police Criminal Investigation Division detectives went to ECMC the next day to interview Anderson, they discovered that he had been discharged from the medical center.

Around 4:30 a.m. on Dec. 17, 2019, Anderson went to the emergency room at Niagara Falls Memorial Medical Center, where he died. An autopsy ruled the cause of death as a homicide, resulting from the injuries Anderson sustained during the stabbing incident.

Prosecutors said Anderson had been stabbed in his torso and that the knife used in the attack had punctured his bowel and caused internal bleeding.

Miskho was arrested by Falls police on Dec. 18, 2019, the day after Anderson's death. Investigators have not commented on what led them to Miskho or what led to the stabbing.

Recommended Stories

  • Malaysia imposes restrictions in capital as virus cases rise

    Malaysia on Wednesday imposed movement restrictions in the capital Kuala Lumpur due to a rising number of COVID-19 infections, adding to lockdowns that have been implemented across the country. The capital will be subjected to some lockdown measures from Friday for two weeks, including a ban on social activities, dining indoors, and inter-district travel, Defence Minister Ismail Sabri Yaakob said in a statement. Several parts of the surrounding Selangor state, Malaysia's richest region, will also go into lockdown later this week.

  • ‘You owe me big time’: Surgeon pens own obituary before his death at 48

    Surgeon writes obituary that matches the way he lived life

  • Newsom touts record amid Calif. recall challenge

    California Gov. Gavin Newsom is defending his record on a range of issues, including the state's coronavirus response, as a host of Republican challengers are vying to oust the Democrat in a recall election likely to be scheduled for the fall. (May 4)

  • Roberto Alomar resigns from Hall of Fame board, remains enshrined amid sexual misconduct allegation

    Alomar lost his job with the Hall of Fame, but remains a member.

  • Germany, WHO announce creation of new data hub to fight pandemics

    GENEVA/BERLIN (Reuters) -German Health Minister Jens Spahn called on Wednesday for a "global reset" in the fight against pandemics as Germany and the World Health Organization (WHO) announced the creation of a new global hub in Berlin for gathering data on pandemics. Speaking at a virtual news conference attended also by German Chancellor Angela Merkel and the head of the WHO, Spahn said the world was still insufficiently prepared for pandemics.

  • UPDATE: Canadian cannabis company Sundial to acquire Inner Spirit in cash-and-stock deal valued at C$131 million

    Canadian cannabis company Sundial Growers Inc. said Wednesday it has reached an agreement to acquire Inner Spirit Holdings Ltd. , a retailer and franchisor of Spiritleaf recreational cannabis stores across Canada, in a cash and stock deal valued at about C$131 million ($106.7 million). Under the terms of the deal, Inner Spirit shareholders will receive 30 cents in cash and 0.0835 of a Sundial common share for each share owned, equal to 39 cents per share. That represents a premium of 54.8% over the 10-day volume-weighted average price of Inner Spirit shares on the Canadian Securities Exchange, and a premium of 62.5% over its closing price on Tuesday. The deal is expected to close early in the third quarter. Both companies are microstocks; Sundial closed at 79 cents on Tuesday, while Inner Spirit closed at 20 cents. Inner Spirit has 86 stores in British Columbia, Alberta, Saskatchewan, Ontario, and Newfoundland and Labrador. U.S.-listed shares of Sundial, which once had a $1 billion valuation, , were up 4.9% premarket.

  • Sikh Community Demands Hammer Attack in NYC Hotel to Be Investigated as Hate Crime

    The South Asian and Sikh communities in New York are speaking out against anti-Asian hate after an Indian man was attacked with a hammer inside a Brooklyn hotel last Monday. Surveillance video at the Quality Inn in Brownsville captured a man hitting Sumit Ahluwalia, 32, in the head with a hammer on April 26, CBSNewYork reported. Ahluwalia, a Sikh man who works as the operations manager of the hotel, confronted a man who was yelling at him and the front desk staff.

  • Inside Mitch McConnell’s personal push to defeat Democrats’ voting reforms

    Every week, a group of nearly 100 conservative leaders convene for a 30-minute strategy call on a single issue: How to combat Democrats’ sweeping legislation to change the way federal elections are conducted.

  • Pizza parlour owner accused of stealing $600k in Covid relief to spend on alpacas and cryptocurrency radio show

    Dana McIntrye accused of claiming money for more staff than he actually ahd working for him

  • Oversight Board upholds Trump's Facebook suspension

    Facebook's independent Oversight Board upheld the platform's suspension of former President Trump's account but told the social media giant to rethink the ban's "indefinite" nature. Why it matters: The decision sets a global precedent for how Facebook, and potentially other social media companies, will treat political leaders around the world.Stay on top of the latest market trends and economic insights with Axios Markets. Subscribe for freeDetails: The board found Trump's posts had "severely violated" Facebook rules but questioned the "indeterminate and standardless penalty of indefinite suspension" and "insisted" the company find a "proportionate response" within six months."It is not permissible for Facebook to keep a user off the platform for an undefined period, with no criteria for when or whether the account will be restored," the board wrote.In response to the ruling, Facebook's VP of global affairs and communications Nick Clegg said the platform "will now consider the board’s decision and determine an action that is clear and proportionate. In the meantime, Mr. Trump’s accounts remain suspended."The big picture: Facebook, like Twitter, barred Trump for violating its rules in the aftermath of the Jan. 6 Capitol riot, then referred the case to the board. While Twitter was Trump's chief online megaphone, Facebook was his most effective fundraising tool.Catch up quick: Facebook established and funded the Oversight Board to provide independent review when users appeal the company's content moderation decisions. Facebook has pledged to follow the board's recommendations with regard to specific cases and to give consideration to the board's broader policy recommendations.The board also recommended that Facebook should "publicly explain the rules that it uses when it imposes account-level sanctions against influential users." It said that when Facebook does choose to penalize a user, it should assess whether the risk has receded before the suspension ends. If Facebook finds that the user continued to pose a serious threat the board recommends another "time-bound suspension" should be imposed.What they're saying: In a tweet, the board wrote, "Facebook cannot make up the rules as it goes, and anyone concerned about its power should be concerned about allowing this. Having clear rules that apply to all users and Facebook is essential for ensuring the company treats users fairly. This is what the Board stands for."Meanwhile, Twitter has shown no indication that it plans to review its decision to ban Trump, nor have other online platforms that took action against him after Jan. 6.Trump, his allies, and conservatives have criticized the social media bans as censorship and advocated new laws to punish the companies involved and/or limit their power to set rules for expression on their platforms.People around the former president have said he is weighing options for starting his own social media enterprise, and on Tuesday he launched a new website.More from Axios: Sign up to get the latest market trends with Axios Markets. Subscribe for free

  • Photos of tanks and armored vehicles in the Himalayas show that China and India's next border showdown could be much deadlier

    China's and India's armored forces are far more capable and lethal than they were during their 1962 war.

  • US prosecutors ask Kim Kardashian West to turn over an antique Roman statue believed to be looted from Italy

    Federal prosecutors said in an April 30 complaint they believe the first- or second-century statue was smuggled out of Italy.

  • Labor Secretary Marty Walsh Wants More Servants in the Workforce

    Labor Secretary Marty Walsh has said that he thinks more workers in the “gig economy” should be reclassified as employees. The trouble is that Secretary Walsh is attempting to relitigate battles of the 1930s, when he should be looking at how work and the priorities of workers have evolved. The secretary appears to think that gig-economy workers are being exploited by the platforms they work with and not being given their fair due in terms of benefits. On this view of the world, workers are best off with an employment contract that grants access to a trove of government-mandated benefits, including healthcare and restrictions on working hours. Yet taking a step back and considering what people want from work reveals a different view. The employment contract is just one way of working, and one that is increasingly out of step with what workers want. At heart, the employment contract puts one in a subordinate relationship with the employer — so subordinate that the law calls it a master-servant relationship. The employer buys your time and is entitled to ask you to do whatever she wants with it (within reason). That’s why, for instance, if an employee crashes his van into you, you sue his employer and not him (unless the employee was engaged in what the law calls a “frolic” unrelated to the employer’s needs). This doesn’t exactly sound very empowering, does it? The power of the employer over the employee explains why a host of labor and employment laws were passed in the 1930s to try to reduce the power of employers. Labor laws gave unions the right to negotiate contracts on behalf of all employees, and employment laws burdened employers with delivering a variety of social policies demanded by government. The 1930s were a different time, however. Many jobs could be performed by anyone with minimal training (they were literally “labor” jobs). The Great Depression meant that there were many people willing and able to do a given job. So what employees wanted was job security and some limitations on what employers could ask of them. They were willing to sell their time and labor without many conditions. Times have changed. Many jobs require specific skills, giving the worker more power. Workers also have other demands than those of workers in the 1930s. In the private sector, most see no need for labor unions. The rise of the gig economy provides alternatives. For instance, people who value flexibility in hours had been held back by the master-servant economy (they had to settle for rare part-time arrangements employers were often loath to offer) but suddenly found new choices in the gig economy. This was particularly the case with parents who valued being able to see to their children’s needs over the security of a 40-hour, 9-to-5 work week. Employment itself has also changed. The idea of a vertically integrated firm with career progression and jobs for life has waned in most sectors. Firms these days organize along different lines, contracting out non-essential services to other firms or to freelancers. Many employers don’t want to operate in a master-servant relationship, preferring to contract commercial terms instead. Gig-economy platforms are the most obvious example of that, but any firm that offers, for instance, extended time off or tuition benefits that encourage workers to leave the firm are operating under a different set of preconditions than employment law currently imagines. However, the idea that a master-servant relationship with an employer is somehow best for the worker remains prevalent. This has been the motive behind various attempts, most notably California’s AB5 bill, to forcibly convert gig workers into employees. The effect of these attempts has been to sweep up many traditionally freelance jobs that survived the legislation of the 1930s into an employment relationship. This is what helped doom the California attempt. Voters recognize that some people do not want an employment relationship and gravitate towards freelance work — which would not exist in an employment-only world. So many people were affected by AB5’s broad brush that California voters rejected AB5 by a large majority in a ballot initiative. Yet Secretary Walsh’s remarks indicate that the Biden administration might attempt to repeat AB5’s mistakes. The PRO Act, for instance, which President Biden has touted as an essential part of his infrastructure package, aims to make all gig-economy and freelance workers eligible for unionization, a first step on the road to AB5 and the imposition of a master-servant relationship neither the workers nor the platforms want. Instead of trying to force everyone into an outdated model, Secretary Walsh and his department should be looking at how work has changed, and should provide the president with proposals to send to Congress that reflect those changes.

  • Covid cases at Everest base camp raise fears of serious outbreak

    Climbers say a growing number of people have tested positive, despite government denials.

  • In COVID-hit India, a 26-year-old doctor decides who lives and who dies

    NEW DELHI (Reuters) -Rohan Aggarwal is 26 years old. As India's healthcare system teeters on the verge of collapse during a brutal second wave of the novel coronavirus, Aggarwal makes those decisions during a 27-hour workday that includes a grim overnight shift in charge of the emergency room at his New Delhi hospital. Everyone at Holy Family Hospital – patients, relatives and staff – knows there aren't enough beds, not enough oxygen or ventilators to keep everyone who arrives at the hospital's front gates alive.

  • Bill Gates allegedly had special weekend deal with wife to holiday with ex

    Bill and Melinda Gates announced their decision to end their marriage

  • Documents allege Adidas paid ex-Duke star Zion Williamson’s family while he was a recruit

    The claims are part of a civil lawsuit between former college player Brian Bowen and Adidas.

  • An NC teen and her boats are set to make Olympic history, with some help from her dad

    Evy Leibfarth will become the youngest athlete ever to represent the U.S. in canoe slalom at the Games this summer. Then, next winter — much to her coach’s chagrin — she plans to get a tattoo to commemorate the occasion.

  • Officer gets prison after beating inmate in Tennessee with help of 5 others, feds say

    He’s also accused of ordering another officer to cover the surveillance camera during the assault.

  • Dax Shepard started keeping drug tests at home after his recent relapse so Kristen Bell can test him whenever she feels 'nervous'

    The "Good Place" actress said that Shepard told her, "If you ever feel nervous, I want you to have access to this and I'll do it, no questions asked."