Tuesday, October 13, 2009

Brian Ball's Atty Wants Indictment Dismissed

   
  • Charges against him include official misconduct
  • He's accused of changing a police report from a fatal accident in 2005
  • Atty claims prosecutors failed to provide legally required information before grand jury met last year
  • Ball didn't testify
  • Judge Francis Affronti to consider the arguments
STORY

"In this particular case, we had no idea as to what the allegations were for investigation purposes, and even to this date, when you review the indictment and the materials, we still don’t know what they're saying he did wrong.” ~~ Jon Getz, Ball's Attorney



SCATS ~~ Unlike the other PD scandals, this one poses a mystery ... WHY did Ball lie on a police report? What was his motivation? My guess is that it was a favor to someone ... possibly Rahn ... to help a judge save face ... ?

16 comments:

Anonymous said...

Question- Since Greece already fired Ball, if the indictment gets dropped, wouldn't the town have to rehire him? Couldn't he sue the town? This is looking like another fime mess.

Anonymous said...

Since he has been fired and maybe will be found blameless maybe he will sue the town for damages and get his job back and become chief of police in Greece like Rahn did in the 90's.

SCATS said...

To 1:11PM ~~ History has a way of repeating itself, especially in dysfunctional systems. As scary as that prospect is, it's not outside the realm of possibilities.

Anonymous said...

Under Civil Service Law he cannot be fired without a hearing. To my knowledge Ball never had a hearing. I dcn't know what implications this may have on the criminal proceeding.

As usual, I think the Town again screwed up on this one.

SCATS said...

To 2:45PM ~~ Trowbridge didn't get a hearing either, did he?

Anonymous said...

Isn't there a difference between "fired" and "suspended without pay"?

SCATS said...

To 5:53PM ~~ Of course there is. Initially, Ball was suspended with pay. After the issue of the allegedly falsified toxicology results in that fatal crash came up, he was FIRED ... Donald Trump style.

Anonymous said...

Just wondering what does the person who wrote make a Judge save face mean????

SCATS said...

To 7:28PM ~~ I've blogged about the potential reasons why Ball would falsify the report back in August. Please look up and read my BLOG from Wed. August 26, 2009 --"Eyewitness Accounts Included In Kenyon Police Report" ... I think you'll understand then ;)

Anonymous said...

The Aug. 26th blog had nothing to do with Greece Court - so I guess I am still wondering what you mean - as the outcome came from Greece Court. Please explain?
Thanks

SCATS said...

To 9:16PM ~~ Now I'm confused. Where did I say anything about Greece court? I mentioned a judge, and I wasn't referring to a judge from Greece.

Anonymous said...

"Under Civil Service Law he cannot be fired without a hearing."

I'm pretty sure he needed to request a hearing. I don't think it's automatic.

DonMattingly said...

Judge Nitti dismissed all charges filed on Chad Kenyon in the Stephanie Oliva Fatal accident. The two charges were driving out of class ( kenyon was 17 and did not have night license and accident occurred at 11pm) and improper left turn ( kenyon made a left in front of a vehicle going straight ahead). Both of these charges could and should have been easily proved. How could of those charges been dismissed?

Anonymous said...

Don - That is excatly what I was trying to say - how can those charges be dismissed? Something is just not right - makes no sense what so ever!

SCATS said...

To Don & 8:10PM ~~ Back when Ball was arrested, I did quite a bit of research attempting to find SOME reason Ball would have falsified a toxicology report. What I discovered was that Chad Kenyon had a VERY troubled past.

He entered a "drug court" program at age 14 back in 2003 and was the program's and Judge Sciolino's (now retired) "poster boy" for the new intervention Sciolino forged. For some background, here's an excellent article to read: http://www.lubbockonline.com/stories/092803/nat_092803050.shtml

I can't help but wonder if Chad Kenyon wasn't given special treatment to protect the judge from the HUGE failure his highly touted program produced. Maybe it was Rahn repaying an old debt (he had his own legal problems previously) and possibly he ordered Ball (or someone else to tell Ball) to doctor the documents ...? Ball claimed a Sgt. told him the DA's office wasn't going to prosecute any criminal charges related to the crash. Odd huh? It was also reported that Ball closed out the case on November 18 BUT the toxicology report wasn't completed until weeks later. When it came back, it was positive for marijuana. Ball had indicated the BA was 0.0% and didn't mention anything else.

Sciolino, a Republican, retired soon after Kenyon's stint with drug court and went on to become some bigwig official at an area church. He had a lot on the line with his reputation and his highly touted "success story" with the Drug Court he created. Kenyon's problems posed a threat to all of that. Nitti may have done his part to "help" protect Sciolino's reputation too. As I recall, Sciolino switched political parties around the time he retired too, but I don't know why.

Anonymous said...

You are all wrong. They had good reasons to fire Ball. Him and Lawyer really knew what was going on when the grand jury came forward. They purposely avoided it. He never showed up purposely to any thing he was asked to do with the














You are all wrong. He never showed up for anything he was asked to do about his indictment with the town(the 2005 accident he covered up). He purposely ignored everything he was asked to do.If had shown up, he would of known what was going on.Judge Afronti also needs to know this. So lets hope the DA can get an appeal.Ball as usual still doing as he pleases and he got fired.Hopefully more is to come his way. He protected two drivers on a young girls life. WHY? Do any of you know why?