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Witness in Massena kidnapper trial found, placed under probation supervision

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CANTON — Catherine A. Berry, 18, Massena, the key witness in the assault and kidnapping trial of Patrick R. Lloyd and Miranda A. Green, was picked up by state police in Franklin County after she failed to appear for her subpoenaed court date Tuesday.

Ms. Berry was found in a motel room Thursday morning in Malone and taken to St. Lawrence County Court, where she was released under probation supervision by Judge Jerome J. Richards against the wishes of District Attorney Nicole M. Duvé.

Ms. Duvé requested that Ms. Berry be sent to St. Lawrence County jail as she is considered a flight risk, she said.

“I was advised this morning that she was located and found in a hotel in Malone,” Ms. Duvé said. “I can’t in good conscience agree to probation supervision, and maintain my request for remand.”

Through her attorney, Gary W. Miles, Ms. Berry promised to return to court on her newly subpoenaed date of Sept. 17, and Judge Richards said he didn’t find issue with releasing her under probation supervision with that promise.

“I can’t stop you from running away, but sooner or later you will be found and then there is only one option,” Judge Richards told Ms. Berry, adding that she would be sent to jail if she were to go on the lam again.

Ms. Berry was given an order of protection against Jessica Monahan and Cody Burke, both of Massena.

Ms. Berry was residing with Mr. Burke at 15 Haskell St. and, in addition to her stay-away order, she is ordered to live with her mother at 66 Liberty St., report to probation two days a week and keep all current contact information, from emails to phone numbers, filed with probation and the district attorney’s office.

“If the district attorney’s office has to be able to get in touch with you at a moment’s notice and they can’t, I can issue a warrant to bring you back here,” Judge Richards told her.

New jury selection is scheduled to begin Sept. 16.

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