Syracuse, NY -- Five years ago, a Syracuse man was nearly killed in a shooting over a dice game inside a Tallman Street residence.

Now, the accused shooters lawyer is seeking to tour the private residence as his client faces a retrial for the April 7, 2015 shooting.

Defense lawyer Stephen Lance Cimino made the argument under the states recent criminal justice law, which allows the defense -- the accused, too, if he or she is free -- an opportunity to tour the crime scene.

But prosecutor Shaun Chase made it clear that his office would challenge the law itself as unconstitutional.

Its a major local test for the states sweeping criminal justice reform, which went into effect Jan. 1, and also included bail reform, the political lightning rod.

Behind-the-scenes, though, rules surrounding the sharing of evidence and access to crime scenes has been perhaps a bigger point of contention.

Onondaga County District Attorney William Fitzpatrick has noted a scenario in which a burglary suspect could be allowed back into the targeted residence in preparation for trial. That could include touring childrens bedrooms.

And Monday, Chase argued that the law violated the Fourth Amendment, subjecting the private citizens of the residence to an illegal search and seizure.

But Cimino fired back that forbidding access to the crime scene denied his clients right to due process, found in both the Fifth and 14th Amendments, as well as rights afforded criminal defendants under the Sixth Amendment.

Cimino said the point wasnt to collect evidence -- five years after the fact -- but to have a first-hand understanding of the layout of the house.

Edwards had already been tried and convicted of attempted murder in the shooting of an 83-year-old man. Hed been sentenced to 20 years to life in prison. But an appellate court overturned his conviction on procedural grounds.

Edwards has always maintained that he and the victim were struggling over the gun when it went off. An understanding of the crime scene and where everyone was located is crucial to that defense.

The prosecutor said hed file a protest with the Attorney Generals Office. Cimino vowed to file a response.

State Supreme Court Justice Gordon Cuffy delayed any decision over touring the crime scene until that fight played itself out.

Edwards remains jailed as he awaits his new trial. That means that he would not be touring the crime scene personally, even if his lawyer is granted access.

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Shooting suspects lawyer demands tour of private house. Thats legal, but... - syracuse.com