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Onondaga County prosecutor's inexperience is good thing in this case

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Syracuse, NY - Onondaga County Judge Bill Walsh had some fun at the expense of Assistant District Attorney Mike Kasmarek and City Court Judge Vanessa Bogan last week. Kasmarek was handling Walsh’s calendar call one morning when lawyer Chuck Keller stepped to the defense table for John Reese’s extradition case. Keller noted Reese also had a patronizing a prostitute...

2010-04-28-dl-bass3.JPGMichael KasmarekSyracuse, NY - Onondaga County Judge Bill Walsh had some fun at the expense of Assistant District Attorney Mike Kasmarek and City Court Judge Vanessa Bogan last week.

Kasmarek was handling Walsh’s calendar call one morning when lawyer Chuck Keller stepped to the defense table for John Reese’s extradition case.

Keller noted Reese also had a patronizing a prostitute charge pending in City Court that was expected to be addressed later that day.

Walsh then asked what level of charge that was.

“I don’t know because I’ve never been charged with that,” the judge noted.

Kasmarek said he thought it was a Class B misdemeanor.

The prosecutor made a joking comment about whether he knew that from experience or not.

“That’s why I went to the professional in the office,” Walsh said as Kasmarek turned around and began sheepishly shaking his head upon realizing the conversation had taken place in front of a newspaper reporter.

It turned out he was wrong about the law. The judge was informed patronizing a prostitute is a Class A misdemeanor.

The following day, Keller was back to report that the anticipated resolution of the patronizing case in City Court had not taken place and that that case was set down for trial next month. He asked Walsh to order Reese released on his own recognizance on that charge so the extradition to Mississippi for a probation violation could go forward.

“Which City Court judge do you want me to upset?” Walsh asked. Keller said the case was pending before Bogan.

Walsh jokingly said he’d go ahead with the release order because he and Bogan both shared an Air Force background. Noting Bogan had enlisted while he was an officer, he claimed he wasn’t pulling rank.


Self defense doesn't apply unless shootout took place at home
Defense lawyer Jim Weeks pitched a self-defense argument in trying to get client Joseph Santy’s bail lowered recently.

Weeks told state Supreme Court Justice John Brunetti someone shot at Santy first and Santy was only returning fire. It was kind of like the OK Corral, the lawyer added.

The self defense argument didn’t get him very far, though.

Brunetti noted it only would apply to the reckless endangerment charge that had been filed. It did not have any bearing on a more serious criminal possession of a weapon charge unless Santy had a pistol permit or the shootout took place in his home, the judge added.

Neither of those was the case. And calendar District Attorney Jeremy Cali noted Santy was accused of firing six shots with the incident captured on video.

Brunetti set bail at $50,000 as the prosecutor asked.

A county grand jury later the same day reported out an indictment against Santy containing only the gun possession charge carrying a maximum penalty of 15 years in state prison.


Thou shalt not steal thy father's car
Wilbur Snyder pleaded guilty to a felony grand larceny charge Wednesday in exchange for having his case transferred to Syracuse Community Treatment Court for him to address a substance abuse problem.

2010-02-01-db-Aloi1.JPGJudge Anthony AloiIf he’s successful there, the felony would be reduced to a misdemeanor, County Judge Tony Aloi said, before noting the defendant and the victim whose car Snyder admitted stealing shared the same last name.

Snyder admitted the victim was his father.

“It’s never a good idea to steal your father’s car, is it?” the judge remarked.


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