Judge questions logic of legal wrangling over psychiatric patient

Syracuse, NY - A year ago, defense lawyer Gary Sommer used the word “stupid” to describe psychiatric officials’ refusal to grant additional privileges to Christopher Bradshaw, the man who tried to crash a commuter plane as it landed at Hancock Airport in 1983. Onondaga County Judge Tony Aloi looked like he wanted to use the same word Tuesday as...

Syracuse, NY - A year ago, defense lawyer Gary Sommer used the word “stupid” to describe psychiatric officials’ refusal to grant additional privileges to Christopher Bradshaw, the man who tried to crash a commuter plane as it landed at Hancock Airport in 1983.

Onondaga County Judge Tony Aloi looked like he wanted to use the same word Tuesday as lawyers wrangled over when Bradshaw should be released from in-patient care at Hutchings Psychiatric Center to go reside in a community halfway house.

Bradshaw’s lawyers said they agreed to the last retention order when it included a plan to release Bradshaw to the halfway house by Nov. 30. But Assistant Attorney General Tim Mulvey said he couldn’t get the state commissioner of mental health to agree to a release date before Jan. 15.

Without an agreement, Bradshaw’s lawyers were seeking a hearing and taxpayer money to hire an independent psychiatrist to review the case. The judge rejected the expert request and scheduled a Sept. 8 hearing.

But not before questioning why he was even having the discussion about less than two months of time when everyone agrees Bradshaw deserves to move to a halfway house given the progress made over the last three decades in mental health care custody. At a halfway house, Bradshaw would remain under state supervision.

With Aloi criticizing the waste of money the case poses for a state hard up for cash, Mulvey said he would report back to his state client that the judge was apt to take the Bradshaw decision out of the mental health agency’s hands if the commissioner didn’t act promptly on his own.

Judge, prosecutor spar over defendant's drug diversion
Nothing seemed out of sorts as Assistant District Attorney Bridget Scholl and defense lawyer Paul Carey discussed James Anderson’s drug case at the bench with County Judge Tony Aloi recently.

But things went downhill quickly when they stepped back to put on the record what was happening. Aloi said he would refer the case to drug diversion court even though he suspected Anderson would not be accepted.

When Scholl objected, Aloi barked that the prosecutor had no right to make such an objection, adding diversion referrals did not require prosecution approval.

Not intimidated by the judge’s rebuke, Scholl quickly pointed out the prosecution could not block a diversion referral but could voice opposition. She then enumerated all the drugs Anderson was caught with, arguing he was clearly a drug dealer not subject to the diversion program designed for drug users.

Carey never got a chance to open his mouth to participate in the argument as Aloi made the diversion-court referral. As expected, Anderson was rejected and the case is back pending before Aloi.

Repeat appearance doesn't sit well with judge
When Kennedy Smiley appeared before County Judge Bill Walsh for arraignment Monday, the judge was quick to point out the defendant was no newcomer to the court.

The judge asked when Smiley got out of jail from his last case, a burglary case for which he was sentenced by Walsh last year to 1 1/3 to four years in prison as a youthful offender. Smiley said he was freed from jail in March.

“You stayed out of trouble for three months. That’s pretty good,” the judge sarcastically noted of the fact the new assault and gun-possession indictment stemmed from Smiley’s June 30 arrest. He ordered Smiley to remain in jail on $250,000 bail.