Oswego, NY -- The Oswego County district attorney's office has a week to decide to seek permission from the state Court of Appeals to challenge the ruling that dismissed the felony charges against Katherine and Richard Graham. Oswego County Court Judge Walter Hafner dismissed the felony charges against the town of Oswego couple in April and the district attorney's office...
Oswego, NY -- The Oswego County district attorney's office has a week to decide to seek permission from the state Court of Appeals to challenge the ruling that dismissed the felony charges against Katherine and Richard Graham.
Oswego County Court Judge Walter Hafner dismissed the felony charges against the town of Oswego couple in April and the district attorney's office appealed. The justices in the Supreme Court Appellate Division Fourth Judicial Department heard the arguments and agreed with Hafner's ruling.
Katherine Graham, 26, and Richard Graham, 29, originally were charged with two felony counts each of assault and reckless endangerment and two misdemeanor counts each of assault, endangering the welfare of a child and reckless endangerment.
During a hearing for them Tuesday morning in Oswego County Court, District Attorney Donald Dodd asked Hafner for a week to look into appealing the decision to dismiss the felonies to the state's top court, the Court of Appeals.
Hafner seems a bit perplexed at the request. He told Dodd that the appellate court was unanimous in its decision and no new legal issues or questions were mentioned in the appellate court's ruling.
The Grahams, of 208 Furniss Station Road, town of Oswego, were accused of failing to supply adequate food to their twins, who were 14 months old when the parents were arrested last summer.