SCHENECTADY Court delay foils effort to fi re cop Case adjourned while officer stays on payroll BY KATHLEEN MOORE Gazette Reporter
For 17 months, suspended city police Offi cer John Lewis has remained on the city payroll while his criminal charges have been adjourned repeatedly in City Court. Those delays are now interfering with the city’s efforts to fire Lewis and made the process far more costly than anticipated. The delays have also led some to question whether Lewis has been given preferential treatment in court to help him keep his job. Any criminal conviction would make it far easier for the city to persuade an arbitrator to fire Lewis, but making that argument without any convictions is extremely difficult. Lewis is charged with driving while intoxicated and stands accused of threatening to kill his ex-wife, among other allegations. The cases are before Judge Guido Loyola, who has repeatedly granted delays in setting a trial date. It is a pattern far different from what normally takes place in DWI cases. Loyola has refused to discuss his decisions. On some occasions, Loyola has issued an adjournment for Lewis without allowing the prosecution to make an argument for a speedy trial, District Attorney Robert Carney said. “He has been able to get adjournments from Judge Loyola’s court pretty much at will. My attorneys have been frustrated dealing with that case,” Carney said. Albany Law School professor and criminal defense attorney Laurie Shanks said the lengthy postponement is not normal. “Certainly there can sometimes be a need for an adjournment, if a witness is missing or someone is ill,” she said. But she added that such postponements would never be extended over a year. “That would be very unusual,” she said. “I would say it would be highly unusual, and I would be concerned if police officers appear to be treated differently from other people.” Another Albany Law professor called the technique of seeking repeated adjournments a “down and dirty” method of defense lawyering. “We don’t teach them that here,” said professor Daniel Moriarty, who teaches criminal law. “That’s really down and dirty inthe-trenches warfare.” Shanks said lengthy adjournments can make it difficult to ever convict the defendant. Witnesses may forget details or move away without leaving contact numbers. “Something could happen. There’s a better chance the case will fall apart,” she said. Carney said his attorneys were particularly dismayed when Loyola granted adjournments despite what appeared to be misstatements by Lewis’ attorney, who did not return a call seeking comment. .......................>>>>...........................>>>>............http://www.dailygazette.net/De.....r00102&AppName=1
More than ridiculous--Laurie Shanks said maybe the case would fall apart? That's where they are headed. It is interesting how police officers who get in trouble can manipulate the law when they break the law. This is outrageous.
This is shameful and disgraceful. Is everything corrupt in schenectady county?
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Schenectady is the laughing stock of the whole state, we pay the highest taxes, have the best welfare program, that draws a lot of quality people here, and a police department that does pretty much as they wish.
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