Judge: Nassau must give Andrea Rebello's family Dalton Smith's autopsy results

A Nassau judge ruled Tuesday that the county medical examiner must hand over the autopsy report of the man who initiated a police standoff in May to the family of the Hofstra student whom he was holding hostage at the time.

State Supreme Court Justice Norman Janowitz said in his decision that Nella Rebello -- the mother of Andrea Rebello, who was fatally shot by a police officer during the standoff -- has a right to see Dalton Smith's autopsy findings.

Janowitz cited county law, which says "any person who is or may be affected in a civil or criminal action" should be given access to the records of that investigation. He gave the county 30 days to hand over the report.

A lawyer for Nassau's chief medical examiner, Tamara Bloom, had asked a judge to require the Rebello family to notify Smith's mother before releasing the report. No mention is made in Janowitz's decision of such a requirement.

Neither a lawyer for the Rebello family nor the Nassau County attorney could be reached for comment Tuesday night.

Lawyers representing Rebello's family last week filed court papers saying they intend to sue the county for wrongfully causing Andrea's death. They filed documents last month seeking Smith's autopsy report.

Rebello and Smith were fatally shot by Officer Nikolas Budimlic, a 12-year veteran of the Nassau police force.

The court papers said it is important to get the complete autopsy file to determine how the bullets entered his body, the size and shape of the bullet wounds, and other details.

Budimlic fired eight rounds after confronting Smith, 30, as the Hempstead man held Rebello, 21, police said.

Smith had walked through an unlocked door into the off-campus Uniondale rental home Rebello shared with her twin sister and two others, then demanded money and jewelry, police said. He ordered a female resident to go to an ATM. While at the bank, she called 911.