World Trade Center jumpers can challenge charge that raises case to felony: Judge

Lawyers for the three BASE jumpers who made their infamous leap in 2013 argued that burglary — the top count and a felony — doesn’t apply because they were not inside the landmark 1 World Trade Center building. Manhattan Supreme Court Justice Solomon wouldn’t toss the charge, but said the defense could raise the argument at trial.

BY Shayna Jacobs
NEW YORK DAILY NEWS
Thursday, January 15, 2015, 3:31 PM


Louis Lanzano/for New York Daily News Seated in Manhattan criminal court, from left, are accused World Trade Center BASE jumpers Andrew Rossig, Marko Markovich and James Brady, and alleged accomplice Kyle Hartwell.


Attorneys for a trio of experienced BASE jumpers who leaped from 1 World Trade Center can argue to jurors that the thrillseekers are innocent of burglary charges because they were outdoors when they took the plunge.
The lawyers have argued that burglary — the top count and a felony — does not apply because they were not inside the landmark structure when they carried out their stunt Sept. 30, 2013.
While they couldn't get the case tossed on those grounds, Manhattan Supreme Court Justice Solomon said Thursday that they could still raise the issue as a defense at their upcoming trial.


The BASE jumpers recorded their terrifying leap from 1 World Trade Center. This is an image from the video.
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Marko Markovich (center) enters Manhattan Supreme Court on Thursday.
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It "does not preclude anyone from raising this issue at trial," he said.
While no firm trial date has been set, the parties are due back in court in March and it could go before a jury as early as this spring.
Lawyers for the jumpers — Andrew Rossig, James Brady and Marco Markovich — say they are confident that their clients were overcharged.
"It's that mischaracterization of the burglary statute that elevates this case from a misdemeanor to a felony," said Timothy Parlatore, who represents Rossig.
A fourth defendant, Kyle Hartwell, is in talks with prosecutors for a possible plea deal, his lawyer Joseph Murray said.
Hartwell was allegedly the jumpers’ getaway driver.
sjacobs@nydailynews.com

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