IMHO - absolutely. Perfect grounds for an appeal. Then again, he really didn't have a whole lot of people standing up to defend him anyway, so I guess it's a wash.
What will the total sentence be? charges carry 4-25 years each ... anyone feel like taking a bet?
I'm guessing, IF sentenced and actually does time (50%-50%) he'll do 5-8 (all concurrent) - out in 3 for good behavior.
MOBY:
YES I WILL TAKE YOUR BET. I SAY 100 YEARS TO LIFE AND IF ITS CLOSEST WITHOUT GOING OVER, I SAY 75 TO LIFE. I WILL BET AS MUCH AS YA LIKE!
AS FAR AS AN APPEAL- HE HAS NO SHOT. THERE WAS NO DEFENSE FOR RAUCCI. HE ADMITTED CRIMES ON TAPE, LEFT HIS DNA BEHIND ON TOP OF ALL THE CIRCUMSTANTIAL EVIDENCE.
SCHENECTADY Ely defends his actions; Brisport hints at changes BY KATHLEEN MOORE AND STEVEN COOK Gazette Reporters
It was to Ely that then-Athletic Director Gary DiNola went the morning DiNola discovered an explosive device on his car. That was the day after an intense e-mail exchange
Superintendent Eric Ely declared Thursday he would continue to lead the school district despite evidence at a trial that suggests he supported Steve Raucci, even tipping him off to the police investigation. Raucci, the school district’s former facilities supervisor, was convicted on Thursday of 18 of 22 counts in a case that called into question the school district administration’s response to, and handling of, Raucci. “I’m going to continue,” Ely said. “I have not done anything wrong.” Ely and other school administrators have faced intense scrutiny in the Raucci case, allegedly looking the other way in the face of direct allegations of Raucci’s wrongdoing. between Raucci and DiNola, where Raucci wrote DiNola had “crossed a line with me.” Still, Ely stayed close with Raucci, e-mails entered into evidence at the Raucci trial show, giving Raucci a “heads up” in July 2008 to talk of a police investigation and even telling Raucci days before Raucci’s arrest that Raucci was one of the few people he trusted. It was the July 2008 e-mail concerning the police investigation that has garnered much of the focus. Ely characterized his “heads up” e-mail Thursday as actually an attempt on his part to insist on answers from Raucci. But Schenectady County District Attorney Robert Carney characterized it as “evidence of his bias in favor of Mr. Raucci.” When state police investigators discovered it, Carney said, they talked of possible criminality on the part of Ely. But they ultimately decided against it. The information was not directly from police, they concluded. It was more on the level of a rumor and not actual police investigation information. “As a criminal matter, that’s not enough,” Carney told reporters. “But I don’t think that’s the end of the inquiry as to whether or not it’s the best thing in this community to have that kind of leadership.” ............>>>>....................>>>>.............................http://www.dailygazette.net/De.....r00101&AppName=1
EDITORIAL Raucci gets his comeuppance, but what about his ‘enablers’?
A lot of people in Schenectady and its environs are going to sleep much better tonight knowing that Steve Raucci will in all likelihood spend the rest of his life behind bars. From there he won’t be able to take revenge on those who provided information or testifed against him in the three-week trial that ended in his conviction on 18 of 22 counts yesterday. Hats off to Schenectady County District Attorney Robert Carney, who did a great job preparing and presenting the case against Raucci, as well as the jury, which went about its business right and got the decision right. It rose to the occasion. The only disappointment is that Carney will apparently stop here and not go after the Schenectady school district administrators, including Superintendent Eric Ely, who, as the trial made clear, were co-conspirators with Raucci in his reign of terror. They knew what The Vengeful One was doing, in school and out, and aided and abetted by coddling and praising him, by ignoring complaints and doing nothing. In Ely’s case, he even tipped Raucci off to a criminal investigation.................>>>>...................>>>>....................http://www.dailygazette.net/De.....r00700&AppName=1
Ely: I did nothing wrong E-mails to Raucci from school superintendent focus of critics
By SCOTT WALDMAN AND CHRISTEN GOWAN, Staff writers First published in print: Friday, April 2, 2010 Moments after ex-district facilities manager Steven C. Raucci was found guilty, Schenectady Superintendent Eric Ely said that he and the school district had been unfairly dragged through the mud during the trial and investigation.
"I don't think the school district or the superintendent should be held responsible for what somebody does in the middle of the night or in different counties," Ely said. During a month-long trial that examined Raucci's shadowy efforts to frighten enemies with vandalism and bombs, several e-mails were shown to jurors that revealed Ely and Raucci had a close working relationship, and -- in one case -- that the superintendent had warned Raucci he was under investigation.
Ely insisted Thursday that, since 2006, he had spoken to Raucci three or four times about investigations into the former facility director's intimidating harassment of school and union foes.
Ely referred to the e-mail in which he tipped off Raucci to a multi-county investigation by saying they should meet the investigation "head on." Though Ely was criticized by prosecutors and law enforcement officials for that e-mail during the trial, he said that was his way of confronting Raucci, who denied all the charges.
But Schenectady County District Attorney Robert Carney said Ely's warning and role in allowing Raucci to carry out his intimidation for so long was unlawful and a dereliction of duty that should be dealt with by the school administration.
"I don't think we're in the realm of criminality, but we're not closing the door to anything," Carney said.
In another e-mail, Ely mocked former school board president Jeff Janiszewski, while praising Raucci's uncompromising leadership style: "I'm still stuck on the concept of him trying to 'liberalize' you. Can I watch? You stay just the way you are. Between you and me we can keep the bleeding heart liberals at bay for a while."............>>>>..........>>>>.............Read more: http://www.timesunion.com/AspS.....2/2010#ixzz0jwUUQsmw
Wow Shadow--Harsh. He just needs to be immediately removed from his position as well as those who helped underwrite Ruacci's reign of terror. The whole school board needs to go with Brisport heading the march out the door. Schenectady is the most dysfuncitional school system around. Instead fo being run by educators, its run by thugs!
Ely needs some time in jail as a co-conspirator not a job in another state.
Right on Shadow! Not only did he know but he warned The Mad Bomber of the police investigation. They knew, they looked the other way and they keep lying about it. There is a growing demand that all co-conspirators be dragged to justice.
Maxine Brisport {School Bored Prez who running for re-election in May} made a complete fool of herself on Paul V's Talk 1300 show this morning. She keeps saying how shocked she was of events. Paul called it a cesspool and laid blame right at her and Ely's feet. By the way Maxine, who's running your campaign this time?
Perhaps Ely can get a job as a security guard at Union college, just like Glenville X-cop McKenna did. Remember, he was wearing a wire and warned the guy ahead of time. (not raucci, it was someone else....I forget his name right now)
However, I'm sure Ely wasn't the ONLY one who benefited and knew of raucci's behavior. I'm sure there are MANY that used raucci's services. And I'd be singing if I were raucci! I don't think it's over yet.
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
Why hasn't Carney found any evidence linking Raucci to school administrators? I don't get it. All those years and no complicity.
Oh I don't know if he hasn't 'found' any evidence. It's more like he's not 'revealing' it. And doesn't it seem rather strange that this entire court case was considered 'terrorism'? Isn't that a FEDERAL charge which would surely bring in the FEDS?
I'm not saying he isn't guilty....again, I didn't sit on the jury, so I only know what I get from the liberal socialist media. But this was clearly one of the poorest examples of a court preceding that I have ever witnessed. It was not a FAIR trial as far as I'm concerned. Carney won the case because DeAnegelus sucked! He did my co-worker's divorce and he sucked at that too!!!
This is a donut with a big hole in it. Raucci did not act out in a vacuum.....imho!
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
Raucci Found Guilty; But Was It By Association? By Ellen Patrice
Here it is, April Fool's Day and the jury in the Steve Raucci terrorism trial came back with its verdict, and that my friends was no April fool. The biggest fool of all had to have been Steve Raucci. Why? First because he trusted someone by the name of Keith McKenna, second because he trusted his attorney, Ronald DeAngelus. You remember him now don't you? The guy with the plastic Easter eggs trying to make a point.
Steve Raucci found guilty on eighteen of the twenty six initial charges, one which could very well sentence him to life in prison. All of the charges were filed with circumstantial evidence, not one having clear concrete proof of his guilt, but Steve trusted his lawyer and he trusted the people in Schenectady County to give him a fair shake. On this first day of April he has more than likely discovered that his trust was misguided on all levels. But that's the classic description of an April Fool and for the past year Raucci has met all the criteria to be described as such.
I'm not saying that Steve Raucci is going down without a fight, and I do hope he has some fight still left after a long wearying year of being incarcerated and not being able to face his accusers as such. It's my opinion just from the many news reports I've read and heard that Raucci's appeals can begin right at the beginning of this circus act, when Judge Polly Hoye interviewed potential witnesses before allowing or disallowing bail. How can anyone be able to effectively defend themselves when they can't even get out of jail? The judge's malfeasance was apparent right from the very beginning of this fiasco.
And the District Attorney Robert Carney should have been knocked off the case from the very beginning. Where was DeAngelus on that point? Campaign fliers for the Democratic Party showed a photo of Steve Raucci behind “bars” and that is equivalent to his being “guilty” long before the trial even started.
Quoted Text
Quoted Text Raucci, who under the law was presumed to be innocent at the time, was depicted "behind bars" in a Democratic Party campaign flier for the County Sheriff's office, on which Carney appeared. So for his own campaign, Carney capitalized on the misfortunes of Raucci and others who appear on the flier.
But DeAngelus didn't fight any of these indiscretions and apparently the Judge was on the same page as Carney. A “guilty” verdict was just waiting to happen for Steve Raucci, especially from Schenectady County where Carney is the supposed “golden boy” and people are clueless about the law.
And what about Keith McKenna? This is the Glenville cop who retired and was helped along the way of his own transgressions by who? The New York State police. They used him and he used them in order to get away with his own crimes. Crimes like punching out a citizen, stealing police equipment, selling prescription drugs, using heroin, using illegal drugs himself. Does that sound to you like he's a fine upstanding fellow? No, of course not. Yet it was McKenna's testimony that got Steve Raucci convicted even though the charges that included McKenna's stolen goods were dropped. Where was DeAngelus on tossing out every piece of testimony and generated evidence connected with those night vision goggles? DeAngelus was obviously clueless about his own “criminal defense” work.
So Schenectady's biggest April Fool is Steve Raucci and its only fitting that the verdicts come back on this day; fitting because the legal system in Schenectady is a joke in itself even with a so-called visiting judge from Fulton County. None of the charges of crimes that took place elsewhere should even have been tried here in Schenectady County. Jurisdiction is the biggest deal and it’s a matter of law.
[http://www.freedomsite.net/juris.htm] SEVEN ELEMENTS OF JURISDICTION
Quoted Text
Quoted Text Before an individual can be charged and convicted with a crime, the government official or agency must prove jurisdiction. This is seldom accomplished, and many individuals lose a case and even go to jail when no one has proved this legally essential issue.
So did Schenectady County have jurisdiction over crimes committed elsewhere? No they don't and several of the guilty verdicts were on lesser charges outside of Schenectady County. They include; Quoted Text Count three: First-degree criminal possession of a weapon for possessing an explosive on Nov. 30, 2006 at 1022 Hatlee Road, Clifton Park. Count five: First-degree attempted criminal mischief for Nov. 30, 2006 at 1022 Hatlee Road incident in which there was an intent to damage property. Count six: Third-degree attempted arson, Nov. 30, 2006, 1022 Hatlee Road, for intent to damage vehicle by causing an explosion. Count seven: Third-degree criminal mischief, Nov. 30, 2006, 1022 Hatlee Road, for damaging property in excess of $250.
These charges should have been brought in Saratoga County and they stem from vandalism done to former Schenectady school athletic director Gary DiNola. DiNola apparently called Eric Ely on these matters and didn't like that he was told “its a police matter.” But Robert Carney saw fit to include these outside jurisdictional charges and not only the judge allowed it. Yet for the charge of “terrorism” Raucci was found “not guilty.”
I agree Bumble. This goes much deeper than just the mad bomber with a Napolean complex. IMHO not only was he getting his marching orders from someone but I think somebody was paying him to do his nefarious acts. Again IMHO.
Raucci was giving the marching orders--not getting them. Don't make this bigger than it is. Raucci's background was an indicator if not a predictor of what he would be capable. Terrorism as a charge was ridiculous from the beginning. Raucci did act in a vacuum--nobody who knew him paid attention to his efforts to retaliate and/or attack innocents. He did have lots of enablers--including Ely. My guess is Ely is done in education. People didn't react to Raucci because they were intimidated by him. End of story.