Slain Hofstra student's death probe 'in infancy'

The investigation into the death of a Hofstra University student shot and killed by a Nassau police officer during a hostage standoff is "only in its infancy," according to court papers submitted by the county Thursday.

The Nassau County attorney's office filed the papers in response to efforts by Andrea Rebello's family to get records related to the police investigation.

Rebello was killed May 17 by a Nassau officer responding to a 911 call at a Uniondale rental.

County officials cited the investigation in opposing the release of information that includes crime scene photos.

"I was shocked and surprised to hear that they consider this investigation is in its infancy," said Rebello family lawyer David Roth, who provided a copy of the court filing. The filing said police might want to interview others, including Andrea's twin sister Jessica Rebello.

Jessica talked to police on the day of the incident but hasn't since, "essentially because of the way they treated her," Roth said.

Public officials also said in yesterday's court filing that the Rebello family's requests for records "were numerous, frequently overlapped and caused confusion with the county agencies" that got them.

Rebello's family previously filed notice they plan to sue the county for causing Andrea's death in the shooting that also killed Dalton Smith, the Hempstead ex-convict authorities said took the student hostage.

A judge previously ordered the release of Smith's autopsy report to the family, and police released files of radio communications from the incident.

An officer -- previously identified by law enforcement sources as Nikolas Budimlic -- confronted Smith as he held Rebello in a headlock and put a gun to her head, according to police.

Authorities said Smith pointed the gun at the officer, who opened fire. Seven bullets hit Smith; another struck Rebello.

A spokeswoman for Acting Nassau County Attorney Carnell Foskey said officials complied with record requests and others were exempt.