Current DA's Trial Statistics

Note:  The following list of major trials in County Court was compiled by the most diligent investigation available to us.  Files are sealed for cases that resulted in a verdict of acquittal on all charges, so the information about such verdicts is necessarily anecdotal.  Accordingly, this summary is not necessarily complete or statistically significant.  It is what it is, but it tells quite a story.

Of the 48 trials listed below, 37 resulted in a full or partial verdict of guilty.  Of those 37 cases, one was won by the former DA, two were won by the Attorney General's Office in prosecution of the Highgate Nursing Home, and one was won by a special prosecutor.  Thus, the major trial conviction rate of this DA's office is about 75%.

Information about misdemeanor trials in local courts throughout the county is very difficult to track, and thus is omitted from these case summaries.

2004 Criminal Trials

1/05/04 People v. Frederick E. Marshall Jr.; Judge Ames
DA Jewett/ Keith Dayton for Defense
Indictment no. 2003-73

Guilty: Grand Larceny 3rd (felony)

3/01/04 People v. Tabitha Pinkoski; Judge Campbell
DA Franklin/ Edward Goehler for Defense
Indictment No. 2001-27

Partial return on appeal, several counts were dismissed by appellate division

Guilty: Use of child sex performance (felony), Promoting Sex Performance by a child (felony), Possession of Sex Performance by a Child (felony), Endangering the welfare of a Child (misdemeanor) - 3 counts

Not Guilty: Sexual Abuse 1st (felony)

3/16/04 People v. Chester Gigliuto: Judge Campbell
DA Hartnett/ Keith Dayton for Defense
Indictment No. 2003-76

Guilty: Arson 3rd (felony),
lesser included reckless endangerment 2nd misdemeanor),
Torturing and Injuring Animals - 53 counts (Ag/Markets law)

Not Guilty: Burglary 1st (felony),
Criminal Mischief 2nd (felony) and
Burglary 2nd (felony)

4/29/08 People v. Gregory Erickson; Judge Campbell
DA Hartnett/ Michael Cardinale for Defense
Indictment No. 2003-70 Non-Jury Trial

Guilty: Criminal Possession of Weapon 3rd (felony) - 2 counts;
Reckless Endangerment 1st (felony) - 2 counts,
Menacing 2nd (misdemeanor) - 2 counts;
Harassment 2nd (violation) - 2 counts

6/21/04 Not guilty all counts - sealed. Franklin/Hoffmann

6/28/04 People v. Jayquan Hines, Tyshawn Pittman, Leshawn Simmons; Judge Campbell
ADA Rain/ Mardis Kelsen, Kelly Damm, Michael Cardinale for Defense
Indictment No. 2003-113r />

Hines:
Returned on appeal. Plea to: Assault 2nd (felony), Attempted Gang Assault 2nd(felony), Attempted Robbery 2nd (felony)- 2 counts

Pittman:
Guilty: Assault 2nd (felony)- 2 counts,
Robbery 1st (felony),
Robbery 2nd (felony) - 2 counts

Not Guilty: Assault 1st (felony) - 2 counts and Gang Assault 1st (felony)

Simmons:

Guilty: Assault 1st (felony),
Assault 2nd (felony) - 3 counts,
Gang Assault 2nd (felony),
Robbery 1st (felony) - 2 counts,
Robbery 2nd (felony) - 2 counts

Not Guilty: Assault 1st (felony) - 2 counts and Gang Assault 1st (felony)

Returned on appeal. Plea to: Assault 2nd (felony), Attempted Gang Assault 2nd (felony), Attempted Robbery 2nd - 2 counts (felonies)

7/07/04 People v. Desmond Perry; Judge Campbell
ADA McGraw/ Edmund Hoffmann for Defense
Indictment No. 2003-85

Guilty: Attempted Robbery 2nd (felony) and Attempted Petit Larceny (misdemeanor)

Not Guilty: Attempted Robbery 1st (felony),
Attempted Robbery 2nd (felony) and
Unauthorized use of a Motor Vehicle (vehicle & traffic law)

11/08/04 People v. William Waters
ADA Pemberton/ Edward Goehler for Defense

Plea to: DWI felony (Prior to Jury Selection)

8/16/04 People v. Henry Thomas; Judge Ames
ADA Franklin/ Edmund Hoffmann for Defense
Indictment No. 2004-27

Guilty: Unlawful Imprisonment 2nd (misdemeanor)

Not Guilty: Attempted Rape 1st (felony),
Criminal Possession of Weapon 3rd (felony) and
Menacing 2nd (misdemeanor)

2005 Criminal Trials

3/21/05 People v. Raymond C. Cole Jr.; Judge Campbell
ADA Robert McGraw/ Edmund Hoffmann for Defense
Indictment No. 2004-0121

Not Guilty: Kidnapping 2nd, Pl 135.20 - (B Felony);
Unlawful imprisonment 1st, PL 135.10 - (E felony); and
Criminal Possession of weapon 3rd, PL 265.02-01 - (D felony)

Guilty: Assault 3rd, PL 120.00-01 - (A misdemeanor)
count #5 (later dismissed on appeal)

7/05/05 People v. Richard Marks; Judge Campbell
ADA Pemberton/ R. Van Kruman Defense
Indictment No. 2005-0013

Guilty: DWI felony Note: Defendant died before sentencing

8/15/05 People v. Cori Ryan; Judge Ames
DA Hartnett & Pemberton/ James Baker for Defense
Indictment No. 2004-98

Not Guilty: Manslaughter 1st - 2 counts (B-felony);
Murder 2nd - 2 counts (A-1 felony)

Guilty: Lesser included Manslaughter 2nd - 2 counts (C-felony)

9/06/05 Defendant found not guilty on all counts - sealed

10/17/05 People v. Christine Schroeder; Judge Ames
ADA Karen Howe/ Michael Cardinale for Defense
Indictment No. 2005-45

Guilty: Offering false Instrument for Filing 1st (E-felony),
Attempted Welfare Fraud 5th (B-misdemeanor)

2006 Criminal Trials

1/23/06 People v. Gustavo Beruman; Judge Ames
ADA Wendy Franklin/ Michael Cardinale for Defense
Indictment No. 2004-0111

Not Guilty: Rape 1st (felony),
Rape 2nd (felony) - 3 counts,
Sexual Abuse 2nd (misdemeanor),
Criminal Sexual Act 2nd (felony)
 
Guilty: Criminal Sexual Act 2nd (felony),
Endangering the Welfare of a Child (misdemeanor)

3/14/06 People v. Robert Alt; Judge Campbell
ADA Karen Howe/ Michael Cardinale for Defense
Indictment No. 2005-0059

Guilty: DWI, VTL 1192.3-03

Not Guilty: Parking on Pavement, Consumption of Alcohol in Motor Vehicle

Case returned on appeal and currently pending.

6/05/06 People v. Jamie Hopkins; Judge Ames
ADA Robert McGraw/ Ira Pesserilo for Defense
Indictment No. 2005-108
 
Guilty: Petit Larceny, PL 155.25 (misdemeanor)
 
Not Guilty: Burglary 2nd (felony)

6/12/06 Defendant Found Not Guilty on all counts - sealed

6/19/06 People v. Holly Barner
Keith Dayton for Defense

Not guilty on all counts: Welfare Fraud 3rd (felony), Grand Larceny 3rd (felony)

7/10/06 People v. Regina Hewitt
Keith Dayton for Defense

Not guilty on all counts: DWI - felony, Unlicensed Driver, Failure to keep right (V&T)

8/21/06 People v. Travis Henry; Judge Ames
ADA Jevon Garrett/ William Sullivan for Defense
Indictment No. 2005-88

Defendant entered plea on 5th day of trial to misdemeanor DWI, VTL 1192.2-02

9/11/06 People v. Jamar Gilmore; Judge Campbell
DA Hartnett/ Michael Cardinal for Defense
Indictment No. 2006-18

Guilty: Criminal Possession of a Controlled Substance 4th (felony)

10/10/06 People v. Jamar Gilmore; Judge Campbell
ADA Robert McGraw/ Michael Cardinale for Defense
Indictment No. 2006-47

Guilty: Criminal Possession of controlled substance 3rd (felony) - 2 counts

10/16/06 People v. Brian Look
Keith Dayton for Defense

Not guilty on all counts: Criminal Sexual Act 2nd (felony)

10/23/06 People v. Keith Blanchard; Judge Campbell
ADA Karen Howe/ Ira Pesserilo for Defense
Indictment No. 2005-75

Guilty: Burglary 2nd (felony)

2007 Criminal Trials

1/02/07 People v. Judy Gratton; Judge Ames
DA Hartnett & ADA McGraw/ Ira Pesserilo for Defense
Indictment No. 2006-0073

Guilty: Assault 1st (felony),
Endangering Welfare (misdemeanor) - 3 counts, and
Possession of Marijuana (misdemeanor)

1/16/07 People v. Holly Revette
Special prosecutor/Kruman for Defense

Guilty: Arson (felony)

Overturned on appeal: Dismissed.

2/26/07 People v. Pablo Rodriguez; Judge Campbell
ADA Garrett/ Ira Pesserilo for Defense
Indictment No. 2006-100

Guilty: Burglary 3rd (felony),
Criminal Mischief 4th (misdemeanor),
Petit Larceny (misdemeanor)
Conspiracy 5th (misdemeanor)
Conspiracy 6th (misdemeanor)

3/05/07 People v. Michael Allen
ADA McGraw/ Richard Bach for Defense

Not guilty on all counts: All misdemeanors for pointing a gun at and threatening James Sigler.
Orders of Protection in place on both sides.

3/19/07 People v. Steve Nadeau; Judge Campbell
Assistant Attorney General Ralph Tortora/Menkin for defense

Guilty: 20 counts; all misdemeanors

3/27/07 People v. Charles Stewart; Judge Ames
This was a new trial from an appeal
ADA Laura Barnhill/ Pullano for Defense

Guilty: Sexual Abuse 1st (D-felony),
Endangering Welfare of Child (misdemeanor)
 
Not Guilty: Rape 1st (B-felony) - 2 counts,
Sodomy 1st (B-felony) - 2 counts

4/09/07 People v. Edward Brown
ADA Garrett/ Kruman for Defense

Not guilty on all counts: Sexual Abuse 1st (felony) - 2 counts
 
Note: Defendant was already a level 2 sex offender for charges in Maryland.

4/17/07 People v. Christopher Humphrey; Judge Ames
ADA Karen Howe/ Keith Dayton for Defense
 
Not Guilty on all counts: Burglary 2nd (felony),
Criminal Mischief 3rd (felony),
Grand Larceny 3rd (felony),
Grand Larceny 4th (felony),
Torturing and Injuring animals (misdemeanor)

6/04/07 People v. John Marsh
ADA Garrett/ Miner & Ryan for Defense

Not Guilty on all counts: 10 original charges including Sexual Abuse, Sodomy, and Endangering the Welfare of a Child.

Note: 7 charges were dismissed because 2 victims/witnesses didn't show up. Defendant was found not guilty on the remaining three charges that went to the jury: Sexual Abuse 1st (felony), Sexual Abuse 2nd (misdemeanor), and Sodomy 1st (felony). Incidents were reported 10 years after they supposedly happened.

6/11/07 People v. Earl Wilbur Jr.
ADA Karen Howe/ Michael Cardinale for Defense

Not guilty on all counts: Criminal contempt 1st (felony),
Aggravated Harassment (misdemeanor).
Note: Defendant was charged with continually violating orders of protection against his wife, and had been convicted of doing so in the past.

6/19/07 People v. Zachary Walter; Judge Campbell
ADA Franklin/ Kruman

Not Guilty on all counts: Endangering welfare of child (misdemeanor), Harassment 2nd
Possession of weapon on school grounds (violation).

Note: Felony assault charges were previously dismissed on motion of defense counsel.

7/19/07 People v. Amos Brown; Judge Campbell
ADA Franklin/ Michael Cardinale for Defense
Indictment No. 2006-162

Guilty: Endangering Welfare of Child (misdemeanor),
 
Not Guilty: Sexual Abuse 1st (felony)
Sexual Abuse 2nd (misdemeanor)

10/01/07 Highgate Manor; Judge Campbell
Assistant Attorney General Ralph Tortora/ Rothenburg for Defense

Guilty: all 9 counts; all misdemeanors

2008 Criminal Trials

1/14/08 People v. Theodore Brown; Judge Ames
ADA Garrett/ Kruman and Beth O'Connor for Defense
Indictment No. 2007-102

Guilty: Unlawfully Dealing with a Child (misdemeanor),
Endangering Welfare of Child (misdemeanor)

Not Guilty: Rape 1st (felony),
Sexual Abuse 1st (felony)

1/22/08 People v. Lee R. Kelley Jr.; Judge Ames
ADA Franklin/ Ira Pesserilo for Defense
Indictment No. 2007-82

Guilty: DWI-felony, Failure to keep right (V&T violation)

2/25/08 People v. Frantzy Rodney; Judge Campbell
ADA McGraw/ Diane Gailbraith for Defense
Indictment No. 2007-49
 
Guilty: Criminal Possession of Forged Instrument 1st (felony) - 2 counts

3/10/08 People v. Kipp Patterelli; Judge Campbell
ADA Franklin/ Keith Dayton for Defense
Indictment No. 2004-132

Guilty: Criminal Sexual Act 1st (felony) - 3 counts,
Rape 1st (felony),
Sexual Abuse 1st (felony) - 2 counts,
Unlawful Imprisonment 2nd (misdemeanor)

3/24/08 People v. William Seaman-Rupp; Judge Ames
DA Hartnett/ Thomas Miller for Defense
Indictment No. 2007-134

Guilty: Promoting Prison Contraband 1st (felony)

3/31/08 People v. Santino Crisafulli; Judge Ames
ADA Franklin/ Jeffrey Leibo and Todd Smith for Defense
Indictment No. 2007-125

Guilty: DWI-felony, speeding

4/07/08 People v. Earl R. Kinney; Judge Ames
ADA Howe/ Michael Cardinale for Defense
Indictment No. 2007-103
 
Guilty: Lesser included DWAI VTL 1192(1) (misdemeanor),
Failure to obey police officer VTL 1102 (violation),
Drinking alcohol in Motor Vehicle VTL 1227.1(1),
Refusal to take breath test VTL 1194.1B

6/09/08 People v. Miguel Coville; Judge Ames
ADA Franklin/ Edward Goehler for Defense
Indictment No. 2007-124

Guilty: Criminal Contempt 1st (felony)

Acquitted: Assault 3rd (misdemeanor),
Endangering Welfare of Child (misdemeanor),
Harassment 2nd (violation)

6/16/08 People v. Wilford Clark and Adrian Jones; Judge Campbell
DA Hartnett/ William Sullivan Jr. for defense of Clark
Indictment No. 2007-123

Diane Gailbraith has conflict; Kruman assigned

Note: New trial set for October 2008 trial term

6/23/08 People v. Charlene Stevens; Judge Campbell
ADA Howe/ James Hickey for Defense
Indictment No. 2007-88

Guilty: Insurance Fraud 3rd (felony),
Offering False Instrument for Filing 2nd (misdemeanor)
Falsely Reporting an Incident 3rd (misdemeanor)

Conviction Rate
(major trials tried by current DA's office):
 33 out of 44 trials= 75%