Syracuse lawyer's persistence wins client's release from jail

Syracuse, NY - If at first you don’t succeed, try, try again. Defense lawyer Tom Marris put that philosophy to use to get client Darius Thweatt out of jail recently. First, Marris argued Thweatt should be released because the DA’s Office had let more than 45 days pass without reporting any indictment in a domestic violence case. The prosecution explained...

Syracuse, NY - If at first you don’t succeed, try, try again.

Defense lawyer Tom Marris put that philosophy to use to get client Darius Thweatt out of jail recently.

First, Marris argued Thweatt should be released because the DA’s Office had let more than 45 days pass without reporting any indictment in a domestic violence case.

The prosecution explained Thweatt wasn’t entitled to release because the defense had withdrawn its request for a preliminary hearing and placed the case on the City Court’s felony calendar which was not the same as having it held for grand jury action.

Onondaga County Judge Tony Aloi

County Judge Tony Aloi sided with the prosecutor.

So Marris asked the judge to consider a fairness argument. Aloi quickly rejected that, noting the lawyer was asking him to do something the law didn’t allow.

So Marris tried a bail argument. He said his client had been in jail for about 60 days in a case where the prosecution was willing to let him plead guilty to a misdemeanor and be sentenced to probation and time served. Marris explained that the criminal case – in which Thweatt was accused of having kicked his girlfriend’s refrigerator and knocked something off the top of it – was filed only after Thweatt sought custody of their child.

That argument worked. Aloi ordered Thweatt released to the probation department’s Pretrial Release Program over prosecution objection.

Judge offers deal - and sarcasm - in teenager's assault case

Onondaga County Judge Bill Walsh

Onondaga County Judge Bill Walsh got right to the point when Kennedy Smiley stood before him Monday: was the defendant interested in pleading guilty?

Lawyer Jerry Harrell said his 17-year-old client did not feel he should have to spend the next 10 years in state prison.

Walsh noted Smiley only was accused of shooting another man in the chest in a case where the prosecution had his fingerprints on the gun and several eyewitnesses.

“I guess I’d think that’s unfair, too,” Walsh sarcastically said of the 10-year sentencing offer.

Walsh then asked if Smiley had ever been shot. The defendant said he had not.

The judge noted he had and it was not a pleasant experience.

Harrell then resorted to some sarcasm of his own, asking if that form of BB gun was still made.

Noting he’d been struck by a 12-gauge shotgun blast from a distance of about 20 feet, Walsh said he was glad he hadn’t been hunting with Harrell at the time.

Judge relishes chance to "sentence" former federal prosecutor

Onondaga County Judge Joe Fahey

After spending much of his early legal career prosecuting tax and organized crime cases for the federal government, lawyer Kevin McCormack found himself in an unusual position Thursday as he stood before Onondaga County Judge Joe Fahey to plead guilty to grand larceny.

Don’t get the wrong idea, however.

McCormack wasn’t the thief who failed to pay sales tax to the state. He was the lawyer entering a guilty plea for the corporation that hadn’t filed the sales tax money for a Fayetteville restaurant.

Fahey took the guilty plea and moved on to impose a three-year conditional discharge.

“Kevin, this is as close as I’ll ever get to sentencing you,” Fahey said laughingly.

“I’m nervous,” the former federal prosecutor turned defense lawyer responded with a smile.