BELCHERTOWN — Prosecutors will have to wait at least another month to argue for the password to a cellphone taken from a Belchertown teen charged with negligent motor vehicle homicide in the death of Amherst blogger Larry Kelley.
Ryan Fellion, 18, appeared in Eastern Hampshire District Court Friday morning for a scheduled pretrial hearing.
Assistant Northwestern District Attorney Andrew Covington was expected to argue a motion that would have forced Fellion to enter the password to his phone that was seized following the Feb. 17 crash that killed Kelley, 62.
Fellion pleaded not guilty to negligent motor vehicle homicide in August. Police allege he was driving west on Route 9 when his vehicle crossed over the center line and struck Kelley’s eastbound car nearly head-on near 299 Federal St., according to the Northwestern district attorney’s office.
Fellion’s attorney David C. Kuzmeski filed multiple motions Thursday including a motion to suppress the seizure and search.
In court, Kuzmeski argued that hearing the prosecution’s motion before his own motion to suppress would be “putting the horse before the cart” and “pulling the cat out of the bag.”
“We’re not going to be able to stuff that cat back in,” Kuzmeski said.
Covington argued that not hearing the motion Friday would delay the case even more. Fellion wasn’t charged until six months after the crash and Kelley’s death.
“If anything is there, it’s not going anywhere,” Kuzmeski said of the contents of the confiscated phone.
Judge Michael Mulcahy agreed with Kuzmeski, saying it must first be determined whether the phone was properly seized.
At the conclusion of the hearing, Kuzmeski asked the judge to take “personal jurisdiction” over the case, which would mean the judge would preside over all future hearings.
“I’ll think about that,” Mulcahy responded.
A hearing is scheduled for Dec. 19.
Emily Cutts can be reached at ecutts@gazettenet.com.