March April 2009
Hon. Peter Forman, Editor
P.O. Box 4865
Poughkeepsie, NY 12602
The Dutchess County Bar Association
P.O. Box 4865
Poughkeepsie, New York 12602
Phone: (845) 473-2488
Fax: (845) 485-1484
DCBA By-Laws Spring 2009 Events
Richard Fiorile, Esq.
DC District Attorneys Office Since early last fall the DCBA Executive Committee has sday
T hursday, March 12, 2009 sday
T hur sday, April 2, 2009
been working on revising our organization By-Laws. Lunch Bernice Leber,
Lunch with Bernice K. Leber, Esq., CLE
Maura Barrett, Esq. This lengthy project, which was coordinated by DCBA SBA
NYSBA President Ethics Update: an overview of the new
Ostertag, O’Leary & Barrett Ethics Rules
President- Elect Vice-President Rebecca Valk, is nearing completetion. Poughkeepsie Grand Hotel
Presented in partnership with the Mid-
12:15 p.m. omen’s
Hudson Women’ s Bar Association
Rebecca Valk, Esq.
VanDeWater & VanDeWater In the coming weeks we will be distributing copies of $20 for members, $25 for non-members 11:30 a.m. - 2:30 p.m.
3 Ethics Credits
Vice-President the revised By-Laws for your review. We will be voting Sponsored by The Poughkeepsie Grand Hotel
Hon. Peter M. Forman to accept these revised By-Laws at our upcoming $45 for members (both DCBA and MHWBA),
$65 for non-members
Dutchess County Family Court Annual Dinner & 90th Anniversary Celebration. Lunch will be served
Rebecca Blahut, Esq. We hope that everyone will take the time to review the Wednesday, April 22, 2009
McCabe & Mack sday
T hursday, March 13, 2009
Treasurer revised By-Laws and offer their feedback. Hitler’s Courts:
CLE The Betrayal of the Rule of Law in Nazi Germany
Daniel McCabe, Esq. Collaborativ Endg Training
Collaborati v e Endg ame Training Wallace Visitor and Education Center,
Presented in partnership with the FDR Presidential Library & Museum
G. Brian Morgan, Esq. Valle Collaborativ
Hudson Valle y Collaborati v e 4079 Albany Post Rd., Hyde Park
City of Pok. Corp. Counsel Divorce Association 5:30 -7:00 p.m.
Immediate Past President 8:30 a.m. - 4:00 p.m. Presented in partnership with the
7 Professional Practice Credits Mid-Hudson Women’s Bar Association and
Hon. James Pagones Courtyard by Marriott, Route 9, Fishkill The Justice Brandeis Westchester Law Society
Dutchess County Surrogate Breakfast, lunch and snacks provided Attendees will receive 1 CLE Credit
Judiciary Liason Please contact the DCBA for pricing
Saturday, May 2, 2009
The Advocate is a publication of
the Dutchess County Bar Friday, March 27, 2009
Friday Marc Law Day Leg
Law Day Legal Clinic
Association. CLE Poughkeepsie Plaza
Submissions are always welcome,
and can be sent via email to ecy
Lifec Modern Leg
T he Lif ecy c le of the Moder n Leg al 10 a.m. - 4 p.m.
firstname.lastname@example.org or Case
to P.O. Box 4865, Poughkeepsie, NY 8:30 a.m. - 10:00 a.m.
12602. 2 Skills Credits Friday, May 8, 2009
The Poughkeepsie Grand Hotel
Ad rates vary. Please contact us via
$35 for members, $45 for non-members say
Annual Dinner & 90th Anniver say
the methods described above for
more information. Breakfast will be served Celebration
Presented by Lexis Nexis
***The DCBA does not edit member Topics include Early Case Assesment, Case Set Up, Poughkeepsie Tennis Club
contributions or advertisements for
content, accuracy or style***
Research, Pleadings, Motion Practice, Factual Invitation to follow
Discovery, Expert Witnesses, Settlement Negotia-
tions, Trial Preparation and Management
2 THE ADVOCATE THE ADVOCATE 11
Thank You! President’s Page
The DCBA Mock Trial Committee would like to
express their thanks to the following judges and Court
Attorney Referee’s for their participation in this years
Volunteers I am writing this page on a day off to celebrate Presi-
dent Lincoln’s 200th birthday. As attorneys, we should
all feel honored to be members of the same profes-
merce Spirit Award. Fred was cited for spearhead-
ing the restoration of the Poughkeepsie Railroad
Bridge as Chairman of the walkway over the
Hon. Ralph Beisner
Hpn David Daniels
Hon. Thomas Dolan
Hon. Peter Forman
Needed! sion as Lincoln was. While many presidents have
been lawyers, only one has a monument built to his
memory on the main mall of the Nation’s capital.
Hudson. Hopefully some funding for the restoration
was one of the “Little Porky” provisions in the re-
cently passed stimulus package.
Hon. Adina Gilbert We are seeking volunteers to assist us at By the time you read this, the Bar Association will I am also pleased to note that Joshua Mackey of
Hon. Heather Kitchen our 12th Annual Legal Clinic on Satur- have completed its move to 42 Catherine Street in the Iseman, Cunningham, Reister and Hyde, Michelle
Hon. George Marlow City of Poughkeepsie. The Post Office box mailing Almeida and Ian Lindars of McCabe & Mack and
Hon. Jeffrey Martin day, May 2, 2009. We are in need of address will remain the same. I want to commend Bar Association Vice President Rebecca Valk of
Hon. Katherine Moloney volunteers to assist people of all walks of Executive Director Janna Wheatry and Marist College Vandewater and Vandewater are being honored on
Hon. James Pagones intern Barbara Butler for the smoothness of the move. March 9, 2009 by the Greater Southern Dutchess
Hon. Joan Posner life with general legal questions.
Chamber of Commerce as three of the Top 40
Hon. Val Sammarco
The Bar Association is saddened to note the passing under 40.
Hon. Barbara Seelbach
Hon. Christine Sproat The clinic’s location will once again be of longtime member and former president John Wolf
Hon. David Steinberg The Poughkeepsie Plaza. We anticipate a on February 7, 2009. A mass of Christian burial was I want to thank Jonna Spilbor, one of our members,
Hon. Michael Tomkovitch held on February 13, 2009. The mass was attended a former Assistant U.S. Attorney and currently
Hon. Jonah Triebwasser
large turnout due to this location’s high by over 100 people. Although I did not know John Wolf practicing attorney with an office in Poughkeepsie,
Hon. Carl Wolfson visibility. We will need volunteers for personally, the number of people who attended and for an interesting lunch meeting presentation about
two hour shifts between the hours of 10 the things said and written about him is a testament to the law and the media and ethical issues involved in
We are pleased to have seven schools in this years a man who served his family, his church, his county, his being a legal commentator for Fox News and the
tournament; Beacon, Pawling, Pine Plains, a.m. and 4 p.m. state, and his country. Poughkeepsie Journal.
Poughkeepsie, Spackenkill, Red Hook and Webutuck.
If you would like to attend a Mock Trial event, please Please contact Janna at the DCBA office at The Bar Association’s move and John Wolf’s mass I want to remind our members about the next lunch
contact Janna at the DCBA office to obtain a copy of were two totally unconnected events. After the mass, I meeting on March 12, 2009 with Bernice Lieber,
the tournament schedule. (845) 473-2488 ext. 5 or went to the Bar Association’s new office to check on President of the New York State Bar Association.
email@example.com to volun- the status of the move. One of the first things we did
teer or for more information about this was to hang one of the membership composite photo-
graphs in the new office. Chosen entirely at random,
event. was the 1981 composite photo, the year John Wolf
served as President of the Bar.
On another sad note, Patty Biersack, the wife of the
late William Biersack, has passed away. William
Biersack, who died September 17, 2003 was a
practicing attorney with an office in Fishkill and was
also a former judge of the Village and Town of
Fishkill.Mrs. Biersack is survived by two sons, William
and Robert. Attorneys Ed McCormick, Bob Rahemba,
RICHARD E. GRAYSON and Karen Palumbo are part of a committee to set up
ATTORNEY AT LAW a trust fund for the care of their children. Memorial
donations for the benefit of William and Robert may
be made to the Biersack Family Trust c/o M&T Bank,
175 MAIN STREET, SUITE 307 67 Jackson Street, Fishkill, NY 12524
WHITE PLAINS, NEW YORK 10601
www.richardgraysonesq.com On a happier note, Attorney Fred Schaeffer received
the Dutchess County Regional Chamber of Com-
10 THE ADVOCATE THE ADVOCATE 3
From Bench & Bar
From McCabe & Mack From the Hon. Damian J. Amodeo
To the Members of the Dutchess County Bar
Kimberly Hunt Lee, a native of Poughkeepsie, became Association,
a partner in the law firm of McCabe & Mack LLP on
January 1, 2009. Kimberly works primarily in the litiga- As I begin my first full week of retirement, I just wish to
tion department of McCabe & Mack where she repre- extend my sincere gratitude to the members of the
sents individuals, businesses and municipalities in the Dutchess County Bar Association for the many
prosecution and defense of personal injury claims. She kindnesses and courtesies which you have extended
has been with McCabe & Mack LLP since 1998. Kim- to me during my entire legal career, both as a practic-
berly received her BA from Siena College in 1996 and ing attorney and as judge sitting in Family Court.
JD from Albany Law School of Union University in 1999. More recently, I wish to express my appreciation for the
wonderful retirement reception which was held on
From Edward Grady, Esq. November 20th and for the generous gift and fine
portrait which were presented at that event. My wife,
Ed Grady is pleased to announce the opening of an Carol, and I and our families thoroughly enjoyed our-
office for the general practice of law at 160 Church selves as the evening progressed and as so many
Street, PO Box 785, Millbrook, NY 12545. Tel: 845-677- kind words were spoken on my behalf.
3393 Fax: 845-677-3315 Email: firstname.lastname@example.org
I also wish to, once again, extend a special “Thank
You!” to all the attorneys who regularly practiced before
From Handel & Carlini me in my 20 years on the Family Court bench. Without
Evan Handel, Esq. and Anthony Carlini, Esq. are your good efforts, often in the most challenging and
pleased to announce the opening of their firm, Handel & trying of circumstances, my life would have been
Carlini. Their offices are located at 112 Delafield Street, much more difficult and far less enjoyable. I will truly
Suite 200, Poughkeepsie, NY 12601 and their phone miss my regular contact with each of you in the days
number is (845) 452-3434. and months ahead!
As I begin a new phase of my life, I look forward to
continuing my relationship with the Bar Association and
From Ostertag, O’Leary, Barrett & Faulkner
all of you, even if from a slightly different perspective.
The law firm of Ostertag, O’Leary, and Barrett is pleased May the new year bring each of you much success,
to announce that Sharon Faulkner, Esq. became a enjoyment and, above all, good health.
partner in the firm on January 1, 2009.
With continuing gratitude and best wishes, I remain
Sharon is a a graduate of Rutgers University and West- Cordially,
ern New England College School of Law. Sharon is Damian J. Amodeo
admitted to practice in New York, Hawaii and the District Family Court Judge [Retired]
of Columbia. She is the 2008 recipient of the Law
Guardian of the Year Award.
Do you have a photo of a DCBA event that
Congratulations! you can share with us? We are working on
Congratulations to the following DCBA Members who a project for our 90th Anniversary. Photo
are being honored at the Greater Southern Dutchess
Chamber of Commerce’s 40 Under 40 Awards.
credit will be given and all photos will be
returned. Please contact Janna at
email@example.com for more
Michelle Almeida, McCabe & Mack information.
Ian Lindars, McCabe & Mack
Joshua Mackey, Iseman, Cunningham, Reister & Hyde
4 THE ADVOCATE Rebecca Valk, VanDeWater & VanDeWater THE ADVOCATE 9
Watching the Knox Trial: A Student ’s Perspective
atchin Knox spectiv
by Barbara Butler, Marist College Intern
As a Marist College Junior studying abroad in Florence, Italy her concern for Knox. “As a defense attorney, I am concerned for
on November 1, 2007, I was not far from Perugia, a pictur- Knox as an American exchange student who has to succumb to
esque university city located half way between Florence and the Italian justice system. She is a young girl at the mercy of the
Rome. For the eight thousand foreign students that populate Italian government and there is no way to find out whether or not
Perugia, as well as my roommates in Florence, it was she is being represented fairly. I am surprised there has not been
shocking to learn that this beautiful Italian town, famously an extradition treaty to get her back here for the time being.”
known for its extravagant chocolate festival, was the scene for The media in Italy and the tabloids in England have become
the brutal murder of Meredith Kercher, an exchange student consumed by the lurid details of the crime and confidential
from England. Even more shocking was the arrest of her materials frequently leaked by police, prosecutors, and defense
roommate, Amanda Knox, an American student studying lawyers alike. In the courthouse last week the media throng and
abroad in Italy, for her alleged involvement in the crime. paparazzi crowded together to view the two suspects as they were
On January 16, 2009 the pastoral countryside of Perugia once brought into court for trial. Knox has become a mini-celebrity in
again drew the attention of the world media as the sensational Europe, where she is tried daily in the court of public opinion for
murder trial of Know, a 19 year old Seattle native, began. Her things like clothing, facial expressions and her My Space page.
junior year abroad should have provided an immersion into More than two hundred witnesses are said to be available to
Italian culture, history, and learning. Instead it has become a testify in what will likely be a nine-month trial, during which court
nightmare trial of sex, drugs, debauchery, and murder. Knox will only be held on Thursdays and Fridays. To American lawyers
and her former Italian boyfriend, Raffaele Sollecito, are the process seems to be the antithesis of a speedy trial, but to
charged with killing Kercher. Another young man, Rudy Italians, “the timing is extremely quick,” Francesco Maresca, an
Guede, from the Ivory Coast was also charged. Guede attorney for the Kercher family, told the Perugia Journal.
elected a fast track trial and has already been convicted and The case remains baffling to many. There does not seem to be
sentenced to thirty years in prison. Kercher’s semi nude body any clear motive, no one can determine the precise time of death,
was found wrapped in a duvet cover on November 2, 2007. and there is no definitive murder weapon. Famed New York
She had been strangled and her throat slashed. Attorney Joe Tacopina was given special access to Italy’s top
Knox and Sollecito have been charged with voluntary murder crime lab as well as files from both the defense and prosecution.
with aggravating circumstances which carries a sentence of He noted that the DNA evidence that supposedly links the knife
life imprisonment. Under Italy’s preventative detention law, had a less than twenty percent chance of being Kercher’s and it is
suspects may be held in jail for a year without any indictment, not even blood but simply human trace evidence. Tacopina also
something that would be unthinkable under our system of took issue with the integrity of the crime scene. He observed that
justice. Prosecutors allege that Meredith Kercher was killed the photographs originally taken and those taken two weeks later
during a drug fueled sex game. Although the post mortem show the furniture moved and objects rearranged, making the
examination showed there was no evidence of rape, police crime scene impure and the evidence variable.
suggest there was evidence of sexual assault. Perugia Police The Knox family fears testimony from Rudy Guede who is now
Chief Arturo De Felice told the BBC, “A sexual motive is serving thirty years. First, he claimed that he had consensual sex
probable.” with Kercher the night she was killed and that Knox and Sollecito
An eight inch long kitchen knife was also found at Sollecito’s were not present in the apartment that evening. He claimed he
home with traces of Kercher’s DNA on the tip and arguably awoke to find Kercher’s throat slashed and saw an intruder flee.
trace amounts of Knox’s DNA on its handle. Complicating Now he may tell another story seeking to lower his own sentence.
matters for Knox’s defense are the many changing statements If convicted the appeals process is also lengthy. The first verdict,
she has made on the subject. Initially she claimed to have the Primo Grado, is viewed as provincial and may be appealed to
been at Sollecito’s house the night of the murder where they the local appellate court, which some perceive is merely an
were smoking marijuana. Later she admitted being present opportunity to rehearse arguments. Next, the verdict can be
but claimed another man actually did the killing while she hid appealed to the Cassation, or the highest Court of Appeals in Italy.
in the kitchen with her hands covering her ears. Police have Knox will have spent nearly two years in an Italian prison at the
stated that she crumpled under intense questioning. Her close of her trial. While the case continues at the snail’s pace of
damaging statement was ruled to be inadmissible by Italy’s the Italian justice system it is impossible to imagine that whatever
highest court or suppressed, as American lawyers would say, the outcome Knox will ever be able to resume her life as she
when it was learned that she was subjected to lengthy once knew it.
interrogations without a lawyer or even an interpreter present.
Jonna Spilbor, an influential New York defense attorney and
member of the Dutchess County Bar Association, expressed
8 THE ADVOCATE THE ADVOCATE 5
DCBA Marks Holocaust
DCBA Happy 90th Anniversary DCBA State Bar President to speak at March Lunch
Remembrance Day 2009 marks the 90th Anniversary of the Dutchess The Dutchess County Bar As- become not just an important voice, but the voice on
County Bar Association. Much thought was given to sociation is pleased to wel- important legal issues. The agenda I’ve set for this
On April 22, 2009 the Dutchess county Bar Association
what type of event would be appropriate to mark this come Bernice Leber, Esq., year is designed to help us accomplish that goal.”
and the Mid-Hudson Women’s Bar Association will mark
Holocaust Remembrance Day by welcoming Dean Larry occasion. We understand these are challenging times as the keynote speaker at our
This luncheon is sponsored by ALOS.
Raful, Dean of Touro Law Center, who will present the for our members, sponsors and friends of our organi- March luncheon on March 12,
program “Hitler’s Courts”. This event will be held at the zation. Keeping this in mind, we have decided to host 2009. The luncheon will be ALOS Micrographic Corporation is a versatile distri-
Henry A. Wallace Visitor and Education Center at the FDR only one major event this spring. held at The Poughkeepsie bution, sales, service, support, consulting and manu-
Presidential Library and Museum. Grand Hotel beginning at facturing enterprise that focuses on document man-
On May 8, 2009 we will be hosting a Gala. This 12:15 p.m. The cost for this agement solutions. ALOS is a national and interna-
In addition to its regular programs, Touro Law Center evening will serve as our Annual DInner and Law Day event is $20 for members and tional leader in document management through their
hosts a number of specialized institutes and international Celebration as well as our 90th Anniversary Celebra- $25 for non-members. lines of micrographic and electronic imaging products.
law programs. Touro’s 2005 conference at the site of the tion. We have decided not to host a Golf & Tennis Their products and services are sold directly to end
Nuremberg Trials has led to a new film, “Hitler’s Courts: Bernice K. Leber of New York City, a partner in the firm users in the Hudson River Valley and beyond. ALOS
Tournament this year.
The Betrayal of the Rule of Law in Nazi Germany,” which of Arent Fox LLP, has ascended to the office of Presi- Micrographics Corp. is a wholly owned subsidiary of
premiered in the fall of 2006. The film explores the com- dent of the 74,000-member New York State Bar Asso- the Switzerland - based ALOS Holding AG. We also
The Gala will be held at Poughkeepsie Tennis Club.
plicity of the judiciary in Nazi atrocities. The film was ciation, the nation’s largest voluntary state bar. Leber have sister companies, ALOS AG, which is located in
Dinner will be provided by Cosimo’s Trattoria. Enter-
created by documentarians Joshua M. Greene and Shiva is the Association’s 111th president and for the first Zurich, Switzerland, ALOS GmbH, located in Cologne,
tainment will be by Bill’s Toupee, the Hudson Valley’s
Kumar, and features archival footage, rarely seen photo- time its history, the Association has back-to-back Germany and DD Dokumenten- und Datenservice
most recommended dance band.
graphs and interviews with leading voices in international female presidents. GmbH, located in Stuttgart, Germany.
law. Featured in the film are Whitney R. Harris, a member
of the prosecuting team in Nuremberg in 1947; Justice We hope that you will be able to join us as we not only
In keeping with her theme “Helping Lawyers, Helping The first ALOS company, ALOS AG of Switzerland,
Gabriel Bach, former assistant prosecutor at the 1961 trial swear in our 2009- 2010 officers but celebrate our 90
Clients,” Leber has an aggressive agenda planned. Her was founded in 1946 to produce photo-technical
of Adolf Eichmann; Michael J. Bazyler, Professor of Law at years of serving our members and community. Invita-
goals for the upcoming year include: working to prevent equipment for use in the reprographic and document
Whittier Law School; and Raymond Brown, Professor of tions will follow in the coming weeks.
wrongful convictions, which undermine public confi- management industry. ALOS was established in the
Law at Seton Hall Law School. These and other experts dence in the justice system; examining lawyers’ privacy
who appear in the film examine the perversion of law United States in 1977 as an original equipment manu-
rights to better protect attorneys and their clients; pro- facturer (OEM) of microfilm equipment for Eastman
under Nazi rule and discuss how distinguished lawmakers
viding new resources for solo and small firm practitio- Kodak. Today, their OEM customer list has grown and
were capable of complicity in the largest mass murder of
ners; making recommendations on ways to make also includes other international companies. Although
men, women and children in history.
courthouses more “user-friendly”; and producing a new they still produce micrographic equipment, their
This film will be the basis of Dean Raful’s presentation on report and recommendations on how New Yorkers can products and services have expanded with the fast-
April 22, 2009. Dean Raful is the fourth dean in Touro Law work to lessen global climate change. paced information and document management indus-
Center’s history. Dean Raful is the son of a Holocaust We are pleased to announce the “As lawyers, we have a responsibility to do the very
try. In 1980, they began selling their full line of micro-
survivor. Prior to becoming Dean at Touro Law School, he graphic equipment under the ALOS label through a
served for 11 years as the dean of Creighton University opening of our new offices at 42 best we can for our clients, and for society as well. I plan national and international dealer network. In 1991,
to spend my year focusing on how this Association can
School of Law. While at Creighton, Dean Raful served as
chair of the Nebraska State Bar Committee to write a new
Catharine Street, Poughkeepsie. make it easier for attorneys to do both,” Leber said.
ALOS introduced its first electronic filing system,
ALOSVIEW, which evolved into the current DocuWare
set of legal ethics rules for Nebraska lawyers. Dean Raful “Whether by empanelling a blue ribbon Task Force to product line. Today, ALOS proudly continues their over
find ways to prevent wrongful convictions or helping a
received his Bachelor of Arts degree from the University of
California at San Diego and his Juris Doctor degree from
Our phone number, mailing address struggling solo practitioner in Upstate New York, the
30 year tradition of outstanding service by providing a
full range of document management and preservation
the University of Denver College of Law. In 1999, his
sense of ethics and humanitarianism won him the St.
(P.O. Box 4865) and email will New York State Bar Association can make a difference
on issues of national importance, as well as improve
Ignatius Award from the Jesuits at Creighton University’s remain the same. the practice of law all across this state. ALOS United States headquarters are located in
Degleman Center. He is married with three daughters. Montgomery, New York. Their building is a state-of-the
Leber continued, “During my year as President-elect, I art 40,000-square foot facility, which encompasses
This program is open to the public, however, seating for Please stop by and see our new spent considerable time traveling around the state and offices, a manufacturing plant and warehouse.
this event is limited and reservations are encouraged. listening to the concerns of our members. From these
Please call Janna at the Dutchess County Bar Association location! experiences, it is clear to me that we need to find
Call the DCBA office at 845-473-2488 or email
at (845) 473-2488 to reserve a seat for this event. janna@dutchesscountybar. org to reserve your seat to-
interesting and productive ways for our lawyers to
6 THE ADVOCATE THE ADVOCATE 7