A pre-trial hearing for Matthew W. Kuzdzal, accused of sexually assaulting and fatally beating his girlfriend’s 5-year-old son, was adjourned today after defense attorneys asked prosecutors to consider a possible guilty plea in the case.
State Supreme Court Justice Christopher J. Burns rescheduled the hearing for May 29.
Defense attorney Robert J. Cutting requested the adjournment so that the two sides could discuss the possibility of resolving the case by a guilty plea instead of a trial.
Assistant District Attorney James F. Bargnesi, chief of Erie County District Attorney Frank A. Sedita III’s Homicide Bureau, had no objection to the adjournment.
Kuzdzal, 26, of Albany Street, is charged with second-degree murder in the Sept. 15 slaying of Eain Clayton Brooks in the West Side apartment where they lived with Kuzdzal’s girlfriend, Nora D. Brooks, Eain’s mother.
He also is charged with predatory sexual assault against a child.
After Eain’s death, an autopsy reportedly found signs on the boy’s body indicating that he had been sodomized.
Kuzdzal, who is being held without bail, faces a maximum prison term of 35 years to life if convicted of murder and sexual assault.
He was in the courtroom today for the scheduled hearing on a motion by defense attorneys Cutting and Emily Trott to suppress his statements to police.