Two men facing attempted murder charges, an attorney charged with witness tampering and a confidential informant out on bail — it’s not your typical case for Ontario County Court.
Andrew Tabashneck, the attorney charged with misdemeanor witness tampering, appeared in court with his attorney on Wednesday in front of Ontario County Court Judge Craig Doran. The attorney’s attorney, Daire Brian Irwin, submitted multiple motions for dismissal on his client’s behalf.
“In my 25 years of practicing law I’ve never seen a better example of something that should be dismissed,” Irwin said in court. He noted that a recorded telephone call with a confidential informant was presented before the grand jury, and “in the recorded phone call, ten times my client says he needs to be truthful.”
The case is as tragic as it is complex. Erin “E” Rhynes and Timitheus Merritt, both of Geneva, are facing second-degree attempted murder charges in the shooting of Michael Cosentino in Geneva. Tabashneck was previously representing Rhynes prior to his own criminal charges.
In an evidentiary hearing in January, City of Geneva Police stated they received a proclamation by Cosentino stating that “E” shot him in the head.
According to court records, the confidential informant told Tabashneck he would take an affidavit to the shooting victim, and the affidavit would contradict Cosentino’s alleged statements made to police at the hospital.