OFFICE OF THE PUTNAM COUNTY DISTRICT ATTORNEY 2015 Report--and Moving Forward ROBERT V. TENDY District Attorney
JOSEPH J. FONSECA Chief Asst. District Attorney CHANA KRAUSS First Asst. District Attorney ASSISTANT DISTRICT ATTORNEYS David Bishop Joseph Charbonneau Larry Allen Glasser Patricia Rau Laura Roberts Breanne Smith R O B E R T V. T E N D Y D i s t r i c t A t t o r n e y OVERVIEW The District Attorney is a constitutional officer and the chief law enforcement officer of the County of Putnam. The Office is responsible for the prosecution of matters in the Superior Courts where the more serious (felony) cases are processed, as well as in the Local Criminal Courts where traditionally misdemeanor level prosecution of Penal Law and Vehicle and Traffic Law cases are processed. The Office of the District Attorney also renders legal assistance to Village and Town Police Departments, the Putnam County Sheriff s Office, the New York State Police stations servicing our County, The Child Advocacy Center, Women s Resource Center, as well as state, federal and other appropriate outside law enforcement related agencies. In November 2015 Robert V. Tendy was elected Putnam County District Attorney. Putnam County continues to be among the safest places in the nation to live. This has been the case for many decades of our county s history. This is the direct result of many agencies working together for the safety of county residents. In conjunction with the Putnam County Sheriff s office, the various local law enforcement agencies, the New York State Police, and many other agencies, The Putnam County District Attorney s office is moving forward with a spirit of cooperation and mutual assistance. Working together, we will continue to be an integral part of what makes our county a safe and a great place to live and raise a family. How Many Cases Did We Handle? In 2015, the office handled 2,300 felony and misdemeanor cases. - 300 were prosecuted as narcotics possession or sale cases - 136 were prosecuted as domestic violence cases - 420 were DWI, and of these 19 were DWI under the age of 21 - All other cases involved charges of larceny, assault, burglary, property damage, fraud, and various other charges under the New York State Penal Law - Many cases were referred to the Putnam County Treatment Court (see, infra)
2015 Cases of Note 1. Defendant Victor Cruz Garcia was convicted after a Jury trial of Rape in the First Degree, Criminal Sexual Act in the First Degree and Endangering the Welfare of a Child. On November 1, 2013 the defendant violently raped and sexually assaulted the victim while her 5 year old son watched TV in another room. When the victim finally broke free from the violent sexual assault, defendant threatened to harm the victim s family if she contacted the police. During her first attempt to call 911, the defendant became enraged and threw glass bottles at the bedroom door behind which the victim hugged her crying son while calling for help. In order to successfully prosecute the case, aggressive and coordinated police work between the Town of Kent Police and the ID Unit at the Putnam County Sheriff s Office led to expeditious forensic analysis by the White Plains Division of the FBI and the DNA and Serology Department at the NYSP Forensic Lab. During a two weeklong trial, the victim bravely testified with support from advocates from the CAC and the Women s Resource Center. The defendant was sentenced on July 29, 2015 to 25 years in state Prison and 20 years post release supervision. The case was prosecuted by First Assistant District Attorney Chana Krauss. 2. Defendant William Gilligan began banging on the door of a 69 year old Putnam Valley resident and eventually gained access to the house. The resident called 911. Gilligan eventually broke into the home and began to assault the victim, threatening to kill him. Putnam County Sheriff s Deputies Matthew Monroe and Ben Levine immediately responded to the location, where they found the defendant choking the victim. They quickly stopped the assault and saved the victim s life. That same evening, the Deputies reached out to the District Attorney s Office and, together, the two agencies immediately began to enhance the case to ensure the swift and successful prosecution of Gilligan. The defendant was convicted of Burglary in the Second Degree and sentenced to 5 years state prison and 5 years post release supervision. The case was prosecuted by First ADA Chana Krauss. 3. Defendant Michael Skalaski drank with his friends at a bar for several hours and into the early morning of March 17, before the bar closed and they were asked to leave. Skalaski then attempted to drive his friends home by pulling out on Route 22 and travelling in excess of 70 mph, and onto Milltown Road, where speeds topped 80 mph. The occupants repeatedly pleaded with Skalaski to stop and let them out, but he continued driving recklessly at high speed, before losing control on Milltown Road near Mountain Brook Drive and crashing into a large tree. All occupants and the defendant suffered very serious injuries. Skalaski was indicted and convicted on numerous counts of Assault, Aggravated Vehicular Assault, Reckless Endangerment, Driving While Ability Impaired by Drugs, and Driving While Ability Impaired by Combined Influence of Drugs and Alcohol. He was sentenced to up to 4 ½ years in State Prison. The case was handled by Assistant District Attorney Joseph Charbonneau.
4. People v. Brancaleoni (Motion to Vacate Conviction): Defendant was seeking to vacate his conviction in what was clearly a bid to get his pistol permit back. In this case, the defendant, during a fight with his girlfriend, fired a gun just above her head. He plead guilty to Crim. Poss. of a Weapon to cover multiple charges, including felonies. He claimed prosecutorial misconduct, coercion and ineffective assistance of counsel induced his plea. The court found these arguments to be unpersuasive and denied the motion. The motion to dismiss was successfully argued by Assistant District Attorney David Bishop. Asset Forfeiture The Asset Forfeiture program continues to be powerful tool in helping to reduce DWI s and drug sale cases. In 2015 there were 102 completed asset forfeiture cases which led to the county receiving $142,523 dollars collected as a result of seizing assets used in the commission of a crime. This money was distributed to the District Attorney s office, the arresting Police agencies, and the Office of Alcohol and Substance Abuse Services, pursuant to mandates of CPLR 1349. Domestic Violence The Putnam County District Attorney s office continues to take very seriously allegations of domestic violence. As stated above, in 2015 we prosecuted 136 domestic violence incidents. All allegations of domestic violence receive the highest scrutiny in our office. Our office has highly trained and experienced domestic violence assistants and investigators. Moving into 2016, under District Attorney Tendy a major change in domestic violence office training is taking place: In the past, most District Attorney s offices have had specialized domestic violence units. For 2016 and forward, District Attorney Tendy wants all Assistant District Attorneys to receive training in prosecuting domestic violence cases. In this way, the entire office will be a domestic violence unit. Gone are the days when a prosecutor will not be trained to prosecute domestic violence cases, leaving them to other assistants or one or two assistants per office. With every Assistant District Attorney trained in DV case prosecution, DV cases will be assessed and prosecuted more quickly and fairly. Justice delayed is justice denied, and this is especially true in Domestic Violence cases. We are moving forward to make sure that cases involving domestic violence are vigorously assessed and speedily prosecuted.
MOVING FORWARD Cooperation with Law Enforcement Agencies It is imperative that law enforcement agencies cooperate fully with one another and respect each other s skills and areas of expertise. In order for law enforcement to be successful, there must be a spirit of cooperation among all those involved. Moving from 2015 and into 2016, District Attorney Tendy and his staff are doing everything they can to let all law enforcement agencies know that they are appreciated, respected, and are an integral part of the work of the District Attorney s office. In order for the District Attorney s office to successfully prosecute cases, it is imperative that we work together with all those in law enforcement. Putting the safety of Putnam s residents first requires nothing less. Putnam County Treatment Court The Putnam County District Attorney recognizes the importance and value of Putnam County s Treatment Court. Under Judge James F. Reitz, Treatment Court has become an indispensable part of law enforcement efforts. Treatment court not only gives those with serious substance abuse addictions a chance to avoid incarceration if he or she successfully completes the treatment court program; it also gives them a second chance at leading a productive and happy life. In 2015 there were 36 graduates from the Treatment Court program. This is 36 people who are not living incarcerated; who are moving forward in a productive and responsible manner; who will not be part of the revolving door of drug arrest, incarceration, release, drug arrest, etc. It is the hope of District Attorney Tendy that this excellent program can be expanded. Most importantly, it saves lives. However, on a purely financial basis, it saves taxpayer dollars. In 2012, the average cost to house an inmate for a year in New York is $60,000. That is a savings of $2,160,000 dollars just for the graduates. When one factors in all those participating in the program who have not yet graduated (approximately an additional 50), that is an additional $3,000,000 dollars. One can only conclude that Putnam s Drug Treatment program is both morally and financially justifiable.
Conviction Integrity Review It is an unfortunate fact that throughout our country people have been convicted of crimes they did not commit. District Attorney s offices in our nation are recognizing this, and are taking steps to make sure this doesn t happen going forward and to make sure past unjust convictions are dismissed. It is the job of a District Attorney to seek justice. Moving from 2015 into 2016, District Attorney Tendy is organizing the first ever Conviction Integrity Review Committee for the County. The committee will be comprised of Assistant District Attorneys, members of the Defense Bar, and members of Law Enforcement Agencies. In some circumstances, the committee will also seek the advice of others in the community such as experts on particular topics and outside agencies. The committee will not take the place of the appellate process, and will address only claims of actual innocence. If, upon initial review by a screening sub-committee, it appears that there may be merit to an application, the case will be discussed with the entire committee. If the committee decides there is further action warranted, then a full file review will take place. The District Attorney s Office in the Community Crime Prevention and Education: The District Attorney s Office will expand its mission to include more active community involvement. This will include: - Public safety and education efforts - partaking in and sponsoring school and public crime prevention forums - Forums regarding such topics as internet safety, drug abuse, domestic violence, senior abuse and personal and financial safety. Ethics Ethical conduct is paramount in law enforcement. The Putnam County District Attorney s office is committed to the highest ethical conduct. To that end we will periodically have guest lectures and discussions on ethical issues, and the office meets monthly to discuss all cases--and any cases that may pose an ethical issue or potential conflict. The goal is to identify potential ethical issues as soon as possible and make sure that any conflicts are avoided. Trust in our law enforcement agencies is essential for trust in government. If our citizens do not have unqualified trust in law enforcement, then they will not have trust in any aspect of government. The Putnam County District Attorney s office will be the leader in prosecutorial ethics. ROBERT V. TENDY Putnam County District Attorney