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911 Call From Man Trapped Under Building Should Not be Evidence in Crane Contractor's Trial, Lawyer Says

By DNAinfo Staff on June 15, 2010 8:49pm

William Rapetti in court on June 11.
William Rapetti in court on June 11.
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DNAinfo/John Marshall Mantel

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN SUPREME COURT — A 911 call from a worker screaming that a building had collapsed on him should not be admitted as evidence in the case against a crane contractor charged with killing seven people, a defense lawyer said at a pre-trial hearing Tuesday.

The contractor, William Rapetti, 49, is facing manslaughter and criminally negligent homicide charges for the seven deaths that occurred when his poorly assembled crane collapsed at 303 East 51st Street in March, 2008.

"[The caller] is basically screaming that the building has fallen on top of him," said Arthur Aidala, an attorney for Rapetti.

Aidala argued that the tape, which he said contains audio of a caller who was trapped under rubble but survived, should not be heard by a jury at trial because it would be prejudicial.

It would simply be used by prosecutors to "insight sympathy and maybe horror in the jurors' minds," Aidala added.

Assistant District Attorney Deborah Hickey argued the tape was key evidence and should be allowed.

There will be no ruling on the matter until Manhattan Supreme Court Judge Roger Hayes can hear the tape for himself, he said.

Jury selection is scheduled to begin next week in the trial.