Chautauqua County DA in Rushdie attack case ordered to share discovery with defense

MAYVILLE — For safety reasons, the district attorney prosecuting the case against the man accused of stabbing author Salman Rushdie is attempting to get a protective order to conceal witness identities during the pre-trial process.

The defense is requesting to see evidence as soon as possible to determine why a protective order is needed.

On Friday, Chautauqua County Court Judge David Foley ordered District Attorney Jason Schmidt to disclose his evidence — including witness information — to the defense.

Foley said the defense can share the information only among themselves and not with their client — defendant Hadi Matar, 24, of New Jersey.

Foley said he will decide on whether to grant the order of protection and its parameters on Wednesday.

Defense attorney Nathaniel Barone said he was happy with the decision.

"In order for a defense counsel to meaningfully participate in any type of hearing regarding an order of protection, we need to know what they're talking about," Barone said after Friday's hearing. "We need to have that information ahead of time. It gives me the opportunity see why they're seeking a protective order."

At a hearing on Aug. 14, Schmidt argued that Matar had "targeted" Rushdie and was likely motivated by the fatwa or the death threat issued by Iran's leadership against Rushdie over his 1988 novel "The Satanic Verses."

Schmidt said he didn't want witnesses to be at risk should their identities be "compromised."

Barone maintained that Schmidt's argument was "pure speculation."

"I've argued to the judge and I'll continue to argue that unless there's a direct showing that there's some threat to these witnesses, you're denying my client the opportunity to meaningfully participate in helping his own defense by talking about these witnesses if he knows anything," Barone said.

Foley will also decide Wednesday on whether to grant prosecutors a 70-day extension to process more than 30,000 files of potential evidence gathered by law enforcement agencies.

Schmidt said he was afforded 20 days from Matar's arraignment on Aug. 18 to compile and share the evidence — as part of the discovery process — with the defense but added that extensions are allowable under New York State law in "exceptional circumstances."

Due to the high volume of evidence involved, Schmidt requested an additional 70 days beyond the 20 days that have already passed.

Matar appeared handcuffed in court Friday. The defendant was apprehended on Aug. 12 after authorities say he rushed the stage of the Chautauqua Institution's amphitheater and stabbed Rushdie, 75, and injured another speaker, Henry Reese, 73. On Aug. 18, he pleaded not guilty to second-degree attempted murder and second-degree assault.

He has been remanded to the Chautauqua County Jail without bail.

Rushdie, who underwent surgery at UPMC Hamot Erie, is recovering and able to talk, according to reports from the Associated Press. Reese, who suffered a minor facial injury, was released from an Erie hospital the day of the attack.

A.J. Rao can be reached at arao@gannett.com. Follow him on Twitter @ETNRao.

This article originally appeared on Erie Times-News: Salman Rushdie attack case: DA ordered to share evidence with defense