Syracuse, NY - A Cortland County man who claims he was the victim of a speeding-ticket trial by “ambush” has filed a notice of claim against the town of Pompey and a town judge after being wrongly convicted. Onondaga County prosecutors acknowledge Adrian Isaac Stone was improperly convicted when Judge John Voninski had the state trooper who issued the speeding...
Syracuse, NY - A Cortland County man who claims he was the victim of a speeding-ticket trial by “ambush” has filed a notice of claim against the town of Pompey and a town judge after being wrongly convicted.
Onondaga County prosecutors acknowledge Adrian Isaac Stone was improperly convicted when Judge John Voninski had the state trooper who issued the speeding ticket personally prosecute the case.
Chief Assistant District Attorney Alison Fineberg said that was improper because only the DA’s Office has the authority to prosecute cases – including speeding — in the courts of Onondaga County.
Fineberg said her office learned about the trooper-prosecuted trial after the fact. She said she then informed Voninski of the DA-only prosecution practice in Onondaga County and moved to have Stone’s conviction overturned and the case dismissed in the interest of justice.
Voninski Monday blamed Stone for not objecting when the court decided to go forward with the trial after the trooper reported she had the ability to prosecute. Voninski also questioned why the District Attorney’s Office didn’t have someone in court the night of the trial.
Stone, of Cuyler, declined Sunday to talk in detail about the case because of the legal action pending. A notice of claim preserves his right to file suit within a year.
Stone filed his notice in March after the speeding case was dismissed.
According to the notice, Stone arrived in court Aug. 27 for a scheduled trial only to be informed the prosecution was willing to reduce the 8-point charge of driving at 88 mph in a 55-mph zone to a 4-point charge of traveling at 70 mph in a 55-mph zone.
Stone claimed he was given about 10 to 15 minutes to review the paperwork and decide whether to accept. When he rejected it, Voninski went forward with the trial, having the trooper prosecute.
Voninski found Stone guilty and imposed a $385 fine.
Stone said he paid the fine but questioned the propriety of the trial.
Fineberg said it was in November when her office first learned that Voninski held the trial without an assistant DA.
According to Fineberg, troopers and some municipal lawyers have authority to prosecute cases in courts in other jurisdictions around the state. But here, the District Attorney’s Office has assumed full responsibility for prosecuting cases and no one else can fill that role without the office giving up the authority, she explained.
“It appears to be an isolated incident,” she said of Voninski’s action, noting the District Attorney’s Office had never before had a similar problem with any of the courts across the county. It also has not happened again with Voninski, she said.
Fifth Judicial District Administrative Justice James Tormey III said he was aware of the situation but declined to comment specifically about what happened in Voninski’s court or whether Voninski faced any reprimand or remedial training.
Tormey said extensive training is provided to all town and village judges.
Voninski said he was unaware of the DA-only rule for prosecuting cases in Onondaga County at the time of the Stone trial last summer. He said he went forward with the trial only after the trooper reported department rules and regulations gave her the authority to prosecute and Stone voiced no objection.
Voninski, appointed and then elected to the judicial post in 2008, said there is no way every judge can be aware of every element of the law, accounting for why there is an appeals process built into the court system to fix mistakes. He did not have an answer for how Stone, a civilian representing himself in court, was supposed to know the proper court practice when the judge didn’t know about it.
Once informed of the challenge to the court’s jurisdiction after the fact, Voninski said he had both sides submit their positions in writing and he then granted the motion to set aside the conviction and dismiss the case.
He said he provided Stone with the information needed to recoup his fine from the state comptroller’s office.
Stone said that took longer than expected. He also said he’s still waiting to recover the $150 state surcharge he was forced to pay.