The court will consider the motion to suppress access to the phone and decide by Dec. 19.
BELCHERTOWN - Attorneys for Ryan Fellion, an 18-year-old Belchertown man who is charged in the February car crash that killed Larry Kelley of Amherst are petitioning the court to deny the prosecution access to his cellphone.
According to the office of Northwestern District Attorney David Sullivan, a pre-trial hearing planned for Friday in Eastern Hampshire District Court has been continued until Dec. 19.
Judge Michael E. Mulcahy announced the postponement in order to consider the motion from the defense to suppress the search and seizure of Fellion's cellphone.
Prosecutors have previously filed a motion requesting that the court order Fellion to provide state police investigators with his phone's password.
Fellion is charged with negligent motor vehicle homicide in the Feb. 17 crash.
He is alleged to have crossed over the center line and into the eastbound land in the area of 293 Federal Street in Belchertown. His car stuck the Kelley vehicle head-on, killing Kelley at the scene.
Fellion and his two passengers were injured.
At his Aug. 16 arraignment, Fellion entered an innocent plea.
He was released on his own recognizance on the condition that he not drive, surrender his passport, and not leave the state without contacting the probation department.
Prosecutors contend that Fellion was using his cellphone at the time of the accident. Witnesses told police they saw his car drift across the center line and did not recall seeing any brake lights prior to the crash.
At the arraignment, prosecutors told the court that state police have been attempting to examine the phone to determine if it was being used at the time of the crash. The examination is thwarted because police have not been able to get pass the password.
If convicted, Fellion faces up to 2 1/2 years in jail and a loss of his driver's license for 15 years.
Kelley was an Amherst businessman who gained recognition as a "citizen blogger" through his "Only in the Republic of Amherst" blog.