BATH, N.Y. (WENY) -- Steuben County District Attorney Brooks Baker tells WENY News the case against five men, including Steuben County Legislator Steven Maio, will be refiled after it was initially dismissed over what he called a "technical error". 

As WENY News reported, Maio, Larry Comfort, Sr. of Elmira Heights; Larry Comfort, Jr. of Elmira Heights; Jonathan Hamilton of Elmira; Michael Stratton of the Town of Corning were all charged for allegedly being involved in a “criminal enterprise” linked back to an investigation into a sex trafficking ring.  

According to DA Baker, a member of the New York State Police was called to testify as a witness; he was also asked to play audiotapes during other witnesses’ testimony because he was familiar with how the State Police audio system works.  

WENY News also reached out to Attorney Matthew Buzzetti, who is representing Maio in court. He said the State Police Investigator would be in the room playing audio and visual recordings while other witnesses testified; Buzzetti said witnesses are not permitted to be in the room listening to the testimony and then testifying themselves during a grand jury proceeding. 

Following a review of the grand jury minutes, State Supreme Court Justice Thomas Moran determined that based on precedent, there were grounds to dismiss the case because a witness appeared in two different roles. 

DA Baker said he wasn’t aware of this precedent, adding: “I haven’t experienced that issue in the 27 years I’ve been in the DA’s office.”  

Baker adds the judge left in place all bail orders and orders of protection. This means that Larry Comfort Senior remains in jail; the other four men, including Maio, remain out of jail, but charges have not been dropped.

The prosecution has up to 45 days to refile the case before a grand jury, which DA Baker says they will do.  

Buzzetti maintains Maio's innocence, claiming Maio was not involved in the ring, nor had he falsified a police report, forged a power of attorney or represented any of the alleged victims involved in this case. 

Buzzetti claims that at the initial arraignment, one of the other four suspects did not recognize Maio. 

Buzzetti added his team has filed in writing, requesting Maio be permitted to testify before the grand jury once that case is refiled. He tells WENY News the opportunity to testify would "allow Maio to go in and tell his side -- to tell the truth -- that he had nothing to do with any allegations".