The lawyer of the Erie police officer who pleaded guilty to driving under the influence in a fatal crash, is once again asking for more evidence to be handed over before she is sentenced.
Cheryl Frey is facing three to 10 years in prison, after pleading guilty in August to charges of homicide by DUI and DUI at the highest rate.
The crash happened last February in McKean, claiming the life of 57-year-old Wade Schulze.
During a hearing on Wednesday, Frey’s lawyer Andrew Sisinni asked the Erie County District Attorney’s Office to hand over the victim’s cell phone and the black box recorder information from his vehicle.
Sisinni said he wants to know the speed that the victim was traveling and if he was on the phone at the time of the crash.
However, Erie County Assistant District Attorney Jeremy Lightner said the victim’s phone was destroyed in the crash and was given to his daughter. Lightner also said that Schulze’s car did not have a black box recorder that could determine the vehicle’s speed.
Frey’s sentencing has already been delayed five times. Sisinni is asking for one more delay.
Judge Dan Brabender is giving prosecutors a couple of days to hand over the information.
As of now, Frey’s sentencing is scheduled for January 23.