Datre hauling trial ‘obstacle’ halts testimony, judge says

The judge in the dumping trial of a father and son released jurors Tuesday without hearing testimony due to an unspecified “obstacle” lawyers for both sides later said dealt with shortening the proceedings, now in their sixth week.

“We’ve been moving things along very well. All of us have really worked together to really make that happen,” state Supreme Court Justice Fernando Camacho said in a Central Islip courtroom. “Today, we’ve hit an obstacle that for the first time we can’t proceed without resolving it, unfortunately.”

Camacho did not explain to jurors what the legal obstacle entailed.

Outside court, attorneys for defendants Thomas Datre Sr. and his son, Thomas Datre Jr., as well as prosecutors, said it had to do with Camacho’s request earlier in the trial to speed up the proceedings. Both sides said they are negotiating stipulations on what evidence will and will not require prosecution witnesses — which take more time.

Several stipulations have already been made in the case, allowing the entering of evidence without witnesses, including financial and cellphone records.

Before the trial began Feb. 23, prosecutors estimated they would need about three months to put on their case. Defense attorneys Kevin Kearon and Andrew Campanelli have not said whether they plan to mount defenses but estimated that if they do, it could take up to two months.

The Datres are among six defendants accused of facilitating the dumping at four Suffolk sites: Veterans Way, a six-home subdivision for returning veterans in the wars in Iraq and Afghanistan; Roberto Clemente Park in Brentwood; a private, 1-acre lot on Islip Avenue in Central Islip; and a sensitive wetlands area in Deer Park. The father and son are charged with criminal mischief; endangering public health, safety or the environment; and operating a solid waste management facility without a permit.

In testimony so far, the team of three prosecutors have called dozens of witnesses — ranging from state Department of Environmental Conservation law enforcement officials, Suffolk police officers, Islip Town department heads and park rangers, to truck drivers, home builders, soil testers and property owners.

Prosecutors have also presented hundreds of pieces of evidence consisting of mostly documents and photographs of the four Suffolk sites where authorities have said tens of thousands of tons of contaminated construction debris was dumped from 2013 to 2014.

Last week, Camacho told jurors to expect the prosecution’s case to wrap up by this Friday, as it winds down with the last of scientific testimony.

The trial is set to resume at 9:45 a.m. Wednesday.