Tuesday, April 27, 2010

Affronti May Dismiss 4 Most Serious Charges Against Rahn

  
NY Supreme Court Justice Francis Affronti said he's leaning toward throwing out 4 counts of first-degree tampering with public records, a felony that could send Rahn to prison for up to 7 yrs. Affronti said his reading of an appellate decision in an unrelated case indicated that for a public record to be tampered with, it has to be altered after it has been filed. To his recollection, there was no evidence the records were changed after filing. He will decide tomorrow.

Closing arguments to be carried live on YNN; will be blogged live by D&C starting at 9:30AM

D&C STORY

SCATS ~~ Is this some sort of "deal" after a day of negotiating by the two sides? Or is this actually a legal decision the judge feels he's required to make? Why so late in the game and after so much time/money has been wasted by the prosecution & Town of Greece?

5 comments:

Anonymous said...

That's right. If that was the case the most they could have is "filing a false instrument" a misdemeanor. They were going for tampering?
It took him that long to figure that out or did JP just bring it up?

SCATS said...

To 9:57PM ~~ It's the JUDGE'S JOB to know this, regardless what JP brings up.

Anonymous said...

As many people have said since before the trial began, this is just another case of Team Green led by Sandy Baby this time out to screw with Rahn. Howard Relin tried once and looked like the bum he was as a prosecutor, and Howard and his baby boy Green were out for a second bite of the apple especially if they could screw with Republicans. Remember the Jim Smith trial?

Secondly, it proves Sandy Baby is either too stupid to know how to charge her case, or taking a run at the sword to keep her boss happy. The charges must meet the letter of the law, or they must be tossed by the Judge. (Sort of a similar situation to Rahn keeping Auberger happy hiring Joseph & Pignato) Sandy came off the bench to become a superstar on this trial just as CutsiePoo did in the overcharged case of the punk who was shot last year. If either of them was worth a dam they wouldn't have run with the bit in their teeth on an overcharged case.

Remember these charges came from a Grand Jury, where the Prosecutor has the legal and ethical (Monroe county exempt) duty to present proper instruction and law to the Grand Jurors (civilians) so a True Bill of Indictment can be handed down. Also remember the Judge has the opportunity to read the Indictment prior to the post Grand Jury Arraignment of the accused and throw out any charge not supported by law and evidence. Most Judges fail to perform this task in a proper fashion.
At that point in time, the Defense and Defendant still have not seen the Indictment.

When this case came to trial it was one of multiple charges against a very unpopular defendant. Leaks were made to reporters too inept to employ the leak in a manner favorable to Team Green. That tactic is employed in pathetic cases against unpopular defendants on the theory the Jury can be confused, and will take the view a Defendant accused of so much must have done something wrong, even if they can't understand the evidence presented.

Also bear in mind both sides of the Criminal Trial Bar (lawyers) share information on the sitting jury pool, and jurors sitting on their second or third trial are known and considered predictable.

Why the Judge didn't throw charges out sooner, and the all day fistfight~ John Parinello has been abused throughout this trial by the Judge, and many rulings that might have come down for the Defense with another Judge didn't. Behind JP is a team working every day researching every possible point of law as the trial procedes. There is a good chance that none of the 3 attorneys in the room were aware of the caselaw on "Document tampering" prior to the trial, but one of John's team sure found it on WestLaw, and John threw that pitch in the fistfight. The Judge considered the big picture and figured the best thing to do was toss the charges rather than give Defense 4 serious appealable issues in the event of conviction.

There are definitely appealable issues already established by the Defense. It works best for Defense for the Jury to go into Deliberation wondering why the Judge dropped charges.

Anonymous said...

So...here's what's gonna happen. Parinello will represent Rahn in yet another lawsuit for illegal charges and arrest and he'll get more than his retirement would have been, of course all at the taxpayers expense.

What a sweet "deal"...

Marty McFly said...

A rip in the space-time continuum produces...

Rahn found innocent.
Walts honored as best Superintendent.
Achramovitch offered Greece contract.