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2009 ANNUAL REPORT OF THE DISTRICT ATTORNEY The District Attorney

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2009 ANNUAL REPORT OF THE DISTRICT ATTORNEY The District Attorney Powered By Docstoc
					                       2009 ANNUAL REPORT OF THE DISTRICT ATTORNEY

       The District Attorney of Allegany County, pursuant to law, respectfully submits the following
report of his activities and those of his office during his term of office from January 1, 2009, to
December 31, 2009, to the Allegany County Board of Legislators.

      From January 1, 2009, through December 31, 2009, the following Superior Court
Informations were filed:

(*each disposition listed was part of the sentence)

DEFENDANT                   CHARGE                PLEAD TO                    DISPOSITION


1) Samantha Ellwood         Burg 2, GL 4          Burg 3                      6 mo jail
                                                                              5 yrs probation
                                                                              Restitution
2) Richard Lewis            Sex Abuse 1           Att Sex Abuse 1             10 yrs probation
                            Endgr Wel Child                                   SO Register
3) Jamie Miller             Burg 3                Burg 3                      2-6 yrs prison
                                                                              $2,665 restitution
4) Alfred Button            Rape 2,              Sex Abuse 1                  10 yrs probation
                            Endgr Wel Child                                   SO Register
5) Guy McClaire             Burg 3                Burg 3                      Drug Court
                            CPSP 4
                            Cr Misch 3
6) Jennifer Pastor          AIO 1 & DWI (M)       AUO 1 & DWI (M)             Drug Court
7) Jason Hunt               Assault 2             Assault 2                   5 yrs probation
                                                                              $1,000 fine
                                                                              $800 restitution
8) Travis Schultz           Assault 2             Cr Misch 2                  6 mo jail
                            Reck Endgr 1                                      5 yrs probation
                            Cr Misch 4                                        $15,000 restitution
9) Christopher White        Burg 2               Cr Trespass 2                3 yrs probation
                                                                              restitution
10) Mark Rice               DWI & AUO 1           DWI                         5 dys jail
                                                                              5 yrs probation
                                                                              $1,000 fine
11) Matthew Harrington      DWI                   DWI                         3 yrs probation
                                                                              $1,000 fine

12) Ivan Copenhaver         Burg 2 & 3            Burg 3                      2-6 yrs prison
                            Cr. Misch 3                                       restitution
13) Bernard Schrader        DWI & AUO 1           DWI                         3 yrs CD
                                                                              $1,000 fine
14) Jamie Miller            Burg 3                Burg 3                      2-6 yrs prison
                                                                              $2,665 restitution
15) Michael Lee             Burg 2, CPSP 3        Cr Trespass 2               3 yrs probation
                                                                              Time served
                                                                              $4,604 restitution
16) Lawrence Knight         Agg Cruel Animals Agg Cruel Animals               5 yrs probation
                            Reck Endgr 1                                      $1,500 restitution
                            Endgr Wel Child
17) Barney May              Assault 2         Assault 3                       3 yrs probation
                                                                $3,253 restitution
18) Barry Mitchell      Robbery 1           Att Robbery 2       1 yr jail
                                                                $150 restitution
19) Dale Comstock       DWI & AUO 1         DWI                 4 mo EHM
                                                                3 yrs probation
                                                                30 dys Com Service
                                                                license revoked
                                                                VIP, $500 fine
20) James Palmatier     DWI & AUO 1         DWI                 5 yrs probation
                                                                $1,000 fine
                                                                license revoked
21) Brian Chamberlain   DWI                 DWI                 Special Prosecutor
22) Terrence Freeman    Cr Sex Act 2        Att Cr Sex Act 2    10 yrs probation
                                                                $1,000 fine
                                                                Registered SO
23) Stephen Damerst     Assault 2           Assault 3           1 yr jail
                        Endgr Wel Child     Endgr Wel Child
                        Resist Arrest
24) Sean Allen          CSCS 3 & 5          CSCS 3              4 yrs prison
                        CPCS 3 & 5                              2 yrs post release
                                                                restitution
25) Douglas Holka       GL 4, DWI (M)       Pet Lar & AUO 2     3 yrs probation
                                                                $2,676 restitution
                                                                $200 fine
26) William Gilliland   DWI & AUO 1         DWI (M)             Time served
                                                                3 yrs probation
                                                                $1,000 fine, VIP
27) Daniel Rauber       DWI & AUO 1         DWI                 5 yrs probation
                                                                240 hrs Com service
                                                                $1,000 fine, VIP
                                                                License revoked
28) Paul Garis          Burg 2              Cr Trespass 3       1 yr probation
                                                                $1,000 restitution
29) Mitchel Hinckley    Fail to Reg as SO   Fail to Reg as SO   6 mo jail
                        False Records 1                         5 yrs probation
30) Joseph Jimerson     DWI & AUO 1         DWI                 Drug Court
31) Caleb Swann         Burg 3              Burg 3              1-3 yrs prison
                                                                $2,925 restitution
32) Kyle Ahrens         Burg 3              Petit Larceny       3 yrs probation
                                                                $500 restitution
33) Daniel Carnes       DWI, Cr Po Weapon 4          DWI        4 mo jail intermittent
                                                                5 yrs probation
                                                                $1,000 fine
34) Amanda Meyers       DWI                 DWI                 Drug Court
35) **YO**              Burg 2              Att Burg 2          5 yrs probation
                                                                $920 restitution
                                                                60 hrs Com service
36) Christina Cobb      Poss Forged Inst 2 Att CPFI 2           2 weeks jail
                                                                5 yrs probation
                                                                $2,722 restitution
37) Michael McArdle     DWI                 DWI (M)             3 yrs probation
                                                                $500 fine, VIP
38) Linda Taylor        Scheme Defraud 1 Scheme Defraud 1       5 yrs probation
                        GL 3                                    $9,000 restitution
                         CPFI 2
39) **YO**               Burg 2              GL 4              5 yrs probation
                         False Report                          $1,185 restitution
40) **YO**               Burg 2 , GL 4       GL 4              5 yrs probation
                                                               $393 restitution
41) **YO**               Burg 2, GL 4        GL 4              5 yrs probation
                                                               $395 restitution
42) Corey Eck            CPCS 3              Att CPCS 3        2 yrs prison
                                                               3 yrs post release
43) Jeffrey Taylor       DWI                 DWI               Drug Court
44) Gordon Hadsell       DWI & AUO 1         DWI               5 yrs probation
                                                               EHM
                                                               $1,000 fine, VIP
45) Leslie Barrett       Burg 3              Burg 3            RtR
                         Cr Misch 4
46) Jarrett Laflash      Assault 2           GL 4              2-4 yrs prison
                         GL 4, Cr Misch 3
47) Leonard Havens       GL 4                GL 4              1 yr jail
48) Paula Allis          DWI & AUO 1         DWI               1 yr jail
50) Lisa Charles         DWI & AUO 1         DWI               5 yrs probation
                                                               $1,000 fine, VIP
51) Michael VendeWalle   DWI & AUO 1         DWI               Drug Court
52) Michael Knight       DWI Assault 3       DWI               Drug Court
53) Douglas Layman       Cr Misch 3&4        Cr Misch 3&4      5 yrs probation
                         Agg harass 2, pet larceny             $1,000 restitution
                         DWI(M)
54) Daniel Cowell        Cr Misch 3          Cr Misch 4        3 yrs probation
                         File false Rpt      File false Rpt    $1,096 restitution
                         Agg harass 2
55) Naomi Burr           CPSP 4              CPSP 4            Drug Court
56) Martha Thompson      DWI, Endgr Wel Child        Pending
                         Reck Endgr
57) Ricky Rouse, II      CSMj 3              CSMj 3            Drug Court
                         CPMj 5
58) Robert Young         Cr Misch 3          Cr Misch 3        4 mo wkends
                         pet larceny                           5 yrs probation
                                                               $3,500 restitution
59) Cheryl Napora        GL 3                GL 3              5 yrs probation
                         False Bus records                     60 dys jail
                         Official Misconduct                   90 dys EHM
                                                               $14,507 restitution
60) Mike Kenyon          DWI-drugs           DWAI-drugs        3 yrs probation
                         Endgr Wel Child                       $1,000 fine
                                                               License revoked
61) Terrance Washington DWI                  DWI               Pending
62) Rick Miller         Rape 1               Sex Abuse 2       Pending
                        Sex Abuse 2
                        Endgr Wel Child
63) Stephen Frezza      Cr Sex Act 1         Cr Sex Act 3      3 yrs prison
                        Force Touch                            10 yrs post release
                        Endgr Wel Child                        SO register
64) Bradley Perry       DWI                  DWI               5 yrs probation
                        Reck driving                           4 mo wkends
                                                               $1,000 fine
                                                                  License revoked
65) Casey Hayes          Burg 2              Att Burg 2           2 yrs prison
                                                                  2 yrs post release
66) Albert Juston        Unlaw Surveil 2     Unlaw Surveil 2      2-4 yrs prison
                                                                  $1,000 SO fee
67) Annetta Oakes        Forgery 2          Forgery 2             Drug Court
                         Poss Forged Inst 2
68) Raeabella Franklin   GL 3               False Bus Records 1   5 yrs probation
                         False Bus Records 2                      $15,388 restitution
69) Roy Austin           DWI & AUO 1        DWI                   Drug Court
70)Christopher Logue     CPCS 3             Pending
71) Justus Harrison      DWI & AUO 1        DWI                   Pending
72) James Putt           False Imperson     False Impersonation   time served
                                                                  $700 restitution
                                                                  Waived to PA
73) Theresa Bilby        CPCS 3, CSCS 3      CPCS 5               2 yrs prison
                                                                  2 yrs post release
74) Melanie Scalzo       DWI & AUO 1         Pending
75) John Cosgrove        Burg 2, Assault 2   Att Assault 2        1-3 yrs prison
                         Cr Misch 4                               $2,050 restitution
                         Resist arrest
76) Joseph Scaccia       DWI & AUO 1         Endgr Wel Child      1 yr jail
77) Amy Schmidt          DWI                 DWI                  Drug Court
78) William Fanton       GL 4                Petit larceny        3 yrs probation
                                                                  $1,068 restitution
79) Helena Halbert       DWI                 Pending
80) Adam Aguado          Assault 1           Reck Endgr 1         2-6 yrs prison
                         CPWpn 4                                  Sock Camp
81) Shawn Howard         GL 3                GL 3                 1-3 yrs jail
82) Gilberto Gamez       Rape 3              Rape 3               10 mo jail
                         Endgr Wel Child                          $1,000 fine
                                                                  Register SO
83) Jason Meden          Assault 2            Att Assault 2       6 mo jail
                         Cr Misch 4           resist arrest       5 yrs probation
                         Resist arrest                            restitution
                         Dis con
84) Daniel Goodell       Cr Sex Act 2,        Pending
                         Sex Abuse 2
                         Endgr Wel Child
85) Daron Clanton        CPCS 3               CPCS 5              Pending
86) Michelle Vanoss      abandon animals abandon animals          Pending
                         Agg cruelty animals
                         Fail to provide
87) Levi Hunt            GL 4                 GL 4                1 ½ - 3 yrs prison
                         Unuse MV
                         Petit larceny
88) Eric Roberts         DWI                  DWI                 Drug Court
89) Trevor Gaddy         Veh Man 1            Pending
                         DWI & AUO 1
90) William Webster Agg DWI             Pending
91) Kathleen Morris      Forgery 2
                         CPForged Inst
                         CPSP5                Pending
92) Michael Craig        CSCS 5               Att CSCS 5          Drug Court
                            CPCS 7
93) Ronnie Farrow           Burg 3, GL 3      Pending
                            CPSP 3, CP Wpn2
                            Reck Endgr 1
94) Jessica Davis           Burg 1            Burg 3                    5 yrs probation
                            Att Assault 1
                            Menace 2
95) Amber Allman            Burg 2            Att Burg 3                Pending
96) Brittney Depellegrini   GL 4              GL 4                      5 yrs probation
                                                                        $3,130 restitution
97) David Daggett           DWI & AUO 1       DWI                       Drug Court
98) **YO**                  Burg 2            Cr Trespass 2             Pending
99) Cheryl Eck              DWI               Pending
100) Hiland Clark           DWI               DWI                       Pending




From January 1, 2009, through December 31, 2009, the following Indictments were filed:


1) William Colburn          Menace Officer    Menace Officer            5 yrs probation
                                                                        $1,000 fine
                                                                        30 hrs Com service
2) Albert Knorr             DWI & AUO 3       DWI                       6 mo jail
                                                                        5 yrs probation
                                                                        $1,000 fine
                                                                        License revoked
3) Doug Rettig              DWI               Pending
4) Chalres Saxton           Assault 1, Burg 1 Att Burg 3                Time served
                            CPWpn 4
5) Kenneth Butler           Cr Misch 3        No Disposition
6) Jared Wagoner            Assault 1,        Pending
                            CPWpn 4
                            Tamp Physical Evidence
7) Mark Hadsell             Burg 2            Pending
8) Michael Perkins          Att Burg 2,       Att Burg 3                6 mo jail
                            Cr Misch 3                                  5 yrs probation
                                                                        $506 restitution
                                                                        ACT
9) Fred Labelle             CSCS 4, CPCS 5    CPCS 5                    5 yrs probation
                                                                        $20 restitution
10) Robert VanKuren         CSMj 3            CPMj 5`                   CD
                            CPMj 5                                      $260 restitution
11) Edward Seekins          Arson 2           Pending
                            Reck Endgr 1
12) Marlon Johnson, Sr.     CSCS 3            Pending
                            CPCS 3
13) Maurice Roberson        CPCS 3            Pending
                            CSCS 3
14) Scott Turner, Jr.       Burg 3            Pending
15) Jamie Wlasoniewski      Rape 3            Pending
16) Darren Mattison         Burg 2            Burg 3                    5 yrs probation
                                                                        $1,239 restitution
17) David Szymkowizk       DWI & AUO 1        DWI                         1 yr jail
18) Shawn Pittler          Burg 2             Pending
19) Charles Saxton         Assault 2          Att Burg 3                  Time served
20) Stacy Hatch            Ins Fraud 3        Pending
                           GL 3, False Statement 1
                           False Insurance App
21) Rasheen Townsend       GL 4               Pending
22)Jose Maisonet           CPCS 3             Pending
23) Robert Riley, Jr.      UPMj, CPMj5        Pending
                           CSMj 3 & 4
24) Tina Kemp              CPCS 3 & 5         Pending
                           CSCS 3 & 4
25) Terry Green            CSCS 3 & 4         Pending
26) Marlon Johnson, Jr.    CPCS 3 & 5         Pending
                           CSCS 3 & 4
27) Brandi Lietzell        CPCS 5             Pending
                           CSCS 4
28) Christen Giles         CPCS 3             Pending
                           CSCS 3
29) Darla Cornelius        CPCS 3, CSCS 3 Pending
30) Bret Lounsberry        CPCS 3, CSCS 3 Pending
31) Jeremy Hyer            CPCS 3, CSCS 3 Pending
32) Jeffrey L. Deming      CS Mj 3            Pending
33) Bret Lounsberry        CPCS 3, CSCS 3 Pending
34) Darla Cornelius        CPCS 3, CSCS 3 Pending
35) Anthony Mattison       CPSP 3             Pending
36) Jeremy Hyer            CPCS 3, CPCS 7 Pending
37) Brian Zielinski        CPCS 3, CSCS 3 Pending
38) Bruce Dailey           CPCS 3, CSCS 3 Pending
39) Samantha Cornelius     DWI, AUO!, CPSP 3         Pending
40) James Mosher           CPCS 3, CSCS 3 Pending
41) Demetrius Bembry       Robbery 1          Pending
42) Zachary Barrett        Robbery 1          Pending
43) Stacey Gould           Assault 2          Pending


      The following Superior Court Informations and Indictments were begun in 2008 and finished
in 2009.


1) Dennis Chamberlain      DWI & AUO 1         DWI                        5 yrs probation
                                                                          $1,000 fine
                                                                          30 dys Com Service
2) Howard Hinkle           Welfare Fraud       Welfare Fraud              6 mo intermit jail
                                                                          $4,937 restitution
3) Christopher Garis       Course Sex Cond     Course Sex Cond            10 yrs probation
                                                                          Register Sex Offender
4) Frank While, II         Assault 1 & 2       Assault 2                  3 yrs prison
                                                                          3 yrs post release
                                                                          $19,005 restitution
5) Roy Armstrong           SA 1                SA 1                       1 yr jail
                           Unlaw Imprison 1                               Register Sex Offender
6) Roy Armstrong           SA 1                SA 1                       6 mo jail consecutive
                           Endgr Wel Child                                10 yrs probation
                                                                               Register Sex Offender
7) John Gisel               Manslaughter 2        Not Guilty at Trial
8) Jordan Doane             Burg 2                Burg 3                       6 mo jail
                                                                               5 yrs probation
                                                                               $1,143 restitution
9) Micah Smith              DWI & AUO 1           DWI                          1-3 years prison
                                                                               $1,000 fine
                                                                               lic revoked
10) David Lambert           Rape 3, Endgr         Rape 3                       10 yrs probation
                                                                               Register Sex Offender
11) Ruben Santiago                          GL 3
                            GL 3, False Instru                                 5 yrs probation
                                            File Fraud Return                  $46,205 restitution
12) Arlene Palmer           CSCS 5 & CPCS 5 CPCS 7                             3 yrs probation
13) **YO**                  Burg 2 & GL 4   GL 4                               5 yrs probation
                                                                               $770 restitution
                                                                               75 hrs Com Service
14) James Newman            Welfare Fraud         Welfare Fraud                3 yrs probation
                                                                               $7,773 restitution
15) Austin Hunt             DWI                   DWI                          3 yr C.D., VIP
                                                                               $3,500 fine
                                                                               alcohol screening
16) Nellie Miller           GL 4                  GL 4                         5 yrs probation
                                                                               $3,521 restitution
17) Thomas Duane            Burg 3, Cr Misch 3 Att Burg 3                      5 yrs probation
                                                                               Time served
                                                                               restitution
18) Karisa Bleeks           DWI                   DWI                          5 mo jail
                                                                               5 yrs probation
                                                                               6 mo EHM
19) James Burdett           Rape 3, Endgr         Rape 3                       10 yrs probation
                                                                               $1,000 fine
                                                                               Register Sex Offender
20) James Higby             Forgery 2          Att Poss Forge Inst 2           1 yr jail
                            Poss Forged Inst 2
21) Dustin Ellwood          Burg 2, GL 4       Burg 3                          3-6 yrs prison
                                                                               $750 restitution




        The calendar year 2009 saw the ever increasing caseload of prior years continued, with a
nearly 5% increase in overall numbers and over 16% increase in Felony arrests. These increases
came on top of the large increases last year, and are rapidly reaching unmanageable levels. The
caseload of all the prosecutors remains at levels far exceeding limits recommended by National
and State Prosecution standards, with a corresponding impact on efficiency and effectiveness. As
in many other counties, fiscal concerns have led to budget limitations, with corresponding
decreases in the operational abilities of the office. The legislature and public should be aware that
the limited resources available can only stretch so far, however, and should the caseload increase
any further, additional staff may be needed. The funding received by this office, while increased
slightly over the years, is still far below the level provided to other prosecutors in counties of
similar, or even smaller, population.

        Terrence M. Parker continued to serve as full time District Attorney, completing his twelfth
full year as DA and twenty six as a prosecutor. Norleen Enders and Ronnelle Drozdowski of
Belfast, NY, served as the Confidential Secretaries to the District Attorney and assistant district
attorneys for the year. Keith A. Slep, Amanda B. Finn, Andrew J. Cornell and Michael B. Finn
continued their service as part-time Assistant District Attorneys during the year. The grant-funded
position of 5th Assistant DA (which is combined with the 2nd Asst. slot) through a grant from the
Division of Criminal Justice Services came to an end, and a new funding stream to support that
position was secured from a new diversion program for Vehicle & Traffic offenses. Welfare Fraud
Prosecution was continued with funding from the Dept of Social Services for the 6th Assistant
position (combined with 4th Asst. slot). (The policy of the office has been to combine the duties of
additional prosecutor positions such as the 5th and 6th slots with existing positions in order to avoid
the cost of additional fringe benefits.)

        All Assistant District Attorneys are part-time, with the majority of felony County Court work
handled by the District Attorney. The office follows, for the most part, a vertical prosecution
system, assigning one prosecutor to a case from start to finish. This allows, and encourages,
Assistant DAs to try appropriate felony cases assigned to them as necessary. This has enhanced
the skills of the assistants and led to more efficiencies in the administration of justice. During the
past years, Ms. Amanda Finn and Mr. Michael Finn have handled complex Felony trials with
excellent results.

       All prosecution staff is encouraged to continue with professional development training, and
are continually afforded the opportunity for additional training and legal education through both the
New York State Prosecutor’s Training Institute and the National College of District Attorneys. This
office has consistently encouraged such educational programs as a means of enhancing our
services to the public. The NY State programs are held at various locations throughout the state,
and the National program is held at the National Training Center in Columbia, South Carolina. All
of these trainings and seminars were either free or at minimal cost to the County. Most travel,
lodging or meal expenses were also covered by the training organizations, resulting in significant
savings to the County. It should be noted that continuing legal education is a requirement for all
attorneys in New York State, including prosecutors, and is strongly recommended by National
Standards. Obtaining this required training for free is a major savings.

        The District Attorney also personally continued active involvement with the District
Attorney’s Association of the State of New York to address current legislative goals and State
budgetary concerns. The District Attorney continues to serve on the Executive Committee of the
Board of Directors of the District Attorneys Association, recognized nationally as one of the
premier organizations of prosecutors. These efforts in past years have qualified Allegany County
to receive significant grant monies for Aid to Prosecution and STEPS/RTR, and are aimed at
increasing the contribution the State makes to law enforcement in Allegany County. This does
require attendance at meetings in Albany or New York, but offsetting grant revenues cover the
travel costs.

        This office continued its long-standing practice of supporting the Allegany County
Consortium on Domestic Violence. The District Attorney serves on the Executive Committee of
the Consortium, and in addition, the DA, DA’s Investigator and Crime Victim’s Coordinator all work
with the Domestic Violence Response Team, an outreach program for assisting domestic violence
victims immediately at the time of the offense. This involvement ties in with the office’s
participation in Integrated Domestic Violence Court.

        In addition to the consortium, funding from the Division of Criminal Justice Services was
used by the office to support the “ACT II” Domestic Violence Education Program, which is a
collaborative effort between this office, the Probation Department and the Sheriff’s Office to
prevent further domestic violence by DV defendants. A Copy of that program report is appended
to this report. This program is a new version of the program run for several years in collaboration
with this office, and has returned to the original model which enjoyed great success in the past.
        The District Attorney, ADA Keith Slep and DA Inv. Dennis Vespucci continued to be active
participants in the Youth Court Program in Allegany County, including serving on the Board and
contributing to trainings. The program is working well and has positively affected youth in Allegany
County, and has served as a mentor program for other Youth Court programs as well. The District
Attorney also continued the practice of making presentations to school classes, service
organizations and community groups throughout the county on the legal system, juvenile justice
programs and drug court.

         An initiative undertaken by the office in 2004 to form a local Drug Court continued to bear
fruit in 2009 with the graduation of several participants. This program has proven to be very cost
effective, having saved hundreds of thousands of dollars in incarceration costs, public assistance
and other county expenditures. This program is fully functioning at capacity for the limited
resources available. The Drug Court is designed to address non-violent criminal cases where
offenders have a demonstrated history of alcohol or other drug abuse or dependency. Defendants
enter the program as addicts and normally as consumers of large amounts of public resources, but
by the time they graduate they are clean of drugs or addictive substances and with steady
employment. Now fully operational, the Drug Court has resulted in enhanced individual
accountability of offenders and safer communities, while producing significant financial savings in
addressing the needs and rehabilitation of these offenders. Most importantly, they have a high
chance of remaining clean and sober and remaining productive members of society.

        The State of New York Unified Court System also implemented an Integrated Domestic
Violence Court (IDV Court) in 2007, which continued throughout 2009, and which required this
office to provide a prosecutor to staff those proceedings. As no additional staff was provided the
District Attorney personally covers this court as well. There are no statistics available from the
Office of Court Administration as to its effectiveness at this point, however the addition of another
unfunded mandate has further stretched the limited resources of the office. As the program is
designed by and operated by the State Court System as opposed to local control it has not had the
success of the Drug Court Program so far.

       One new initiative was commenced at the end of 2009, which was a Vehicle & Traffic
Diversion program, which combines a financial penalty with a 6 hour driver education program for
minor Vehicle & Traffic offenses. Revenue from this program will pay any expenses and support
the staff time devoted to overseeing it. While it is only in the beginning stages, it appears to be
working well at this point.

       Limited Investigative Services continued to be provided by this office in 2009. Retired Sr.
Investigator Dennis Vespucci of Clarksville, formerly of the Division of State Police, continued his
service as a Part-Time Investigator, working 3 half days per week. His efforts have enhanced the
prosecution services of the office, and he continues to be a priceless asset. His position is entirely
grant-funded, and has no cost to County taxpayers. Inv. Vespucci also serves as the Office liaison
with the Zone 13 Counter-Terrorism working group. During 2009 Inv. Vespucci was also assigned
to assist other District Attorney’s offices in a cooperative investigation.

       Paul Wright of Wellsville and James Galatio of Cuba continued to serve on our staff as
unpaid K-9 Investigators. Being affiliated with our office allows their services greater use
throughout the County, rather than being limited to a single jurisdiction. K-9 investigations were
undertaken in numerous narcotics, DWI and other details throughout the County, in a cooperative
use of our resources. Presentations to schools and public groups were also done, along with
requested school locker searches. Inv. Wright’s K-9 partner specializes in drug detection and Inv.
Galatio’s partner detects weapons and explosives. Both investigators and their partners are
available to be called on as needed by law enforcement agencies throughout Allegany County.
       Through a continuing grant from the New York State Crime Victim’s Program, Mrs.
Shannon Ozzella continued to serve as Victim Services Coordinator in 2009. Grant funding was
re-awarded to Allegany County in 2009, at an enhanced level, to continue this program for another
3 years. Ms. Ozzella has continued to make a very positive impact on the treatment of victims and
witnesses who become entangled in the criminal justice system. She also provides victim services
to the IDV Court on a regular basis. Allegany County has been recognized as a leader in
providing assistance and appropriate outreach to crime victims.

        Additional resources from outside sources were also sought for the County by our office.
Despite the state budget difficulties, Aid to Prosecution funding for Allegany County was renewed,
albeit at somewhat reduced levels, being subjected to across the board cuts from the State. This
award is for criminal prosecution services not otherwise funded by the County. Additional efforts
will continue in the year 2010 to ensure that this funding stream continues as a permanent grant,
although the Governor’s proposed Executive Budget projects an additional 10% cut. As in past
years, a large portion of the costs of operating this office are paid from outside funding sources,
not County taxes.

       During the 2009 calendar year, 3,185 new files were opened to be added to those carried
over from 2008, a nearly 5% increase in caseload. Each of these files required the attention of
one or more prosecutors, as well as support staff. In many cases there are various or multiple
crimes charged against one individual. For statistical purposes we have counted only the highest
crime charged in each incident. The only Felonies itemized above are those reaching the
Indictment or Superior Court Information stage. It should be noted that the new Felony filings in
County Court increased over 20%.

        Of the 3,185 files opened, 1,084 of these were misdemeanors, 397 were investigations or
miscellaneous or initially regarded as a felony level arrest, 1,609 were violations and 95 were
violations of probation. Of these categories, only Misdemeanors showed a slight decrease (51
files less), with increases in every other category. Of the new files, 1st Assistant DA Keith Slep
was assigned 600, Assistant DA Amanda Finn was assigned 623, Assistant DA Andrew Cornell
was assigned 432, and Assistant DA Michael B. Finn was assigned 381. Terrence M. Parker, as
District Attorney, assumed direct responsibility for 1,128 new files, including the pending major
felony cases, as well as exercising supervisory authority over all other files. A Special Prosecutor
was needed and appointed to handle only 21 files in 2008.

        Looking ahead to 2010, early indications in the Governor’s budget proposals are that there
will be very serious deficits in years to come. The immense budget shortfalls projected for the next
2 year’s state budgets, and the projected “out year” shortfalls will make fighting to retain our
current grant funding and reimbursement an uphill battle, with projected cuts averaging 10%
across the board for all Criminal Justice programs. No new initiatives requiring additional County
expenditures will be implemented in the coming year. As funding becomes tighter, the difficulties
in the economy will likely result in increases in criminal behavior and higher case loads.

        An additional budgetary concern is connected to the pending decision of the salaries of the
Judiciary, which have not been raised in 12 years. The Court of Appeals is expected to issue a
determination on the issue in early 2010, and any adjustment to the salary of the judiciary would
result in an identical increase to the statutory salary of the District Attorney, with by law is set at a
sum equal to that of the County Judge. Any determination requiring an increase, or any
retroactive increase, would need to be funded by the legislature as it is not included in the current
budget.

        The office has its own Web Pages, as part of the County Web site, to provide the public and
other agencies with ready access to the most commonly requested data on our services. Many
inquiries now handled by telephone or letter can be answered with the included information, or
through email addresses listed on the site. Links to Youth Court, Drug Court materials, Rural
Justice Institute, Local Courts, the Vehicle & Traffic program and other resources are included.
Our office site can be accessed at: http://www.alleganyco.com/default.asp?show=btn_DA

        In conclusion, I would invite any member of the public to inquire further if they have any
questions regarding our office and invite anyone with an interest to examine the expanded report
on file with the Clerk of the Board of Legislators, visit our web page, or request a copy from our
office.

      And, in keeping with the tradition begun by my predecessor in 1974, I offer the following
proverbs and quotes for your consideration and reflection:

A wise man makes his own decisions, an ignorant man follows the public opinion.
      Chinese Proverb
Success and rest don't sleep together.
     Russian proverb

All sins cast long shadows.
       Irish Proverb

It is easier to believe than to go and ask.
        Slovenian Proverb

The possession of facts is knowledge, the use of them is wisdom.
      - Thomas Jefferson, 1743 – 1826

Good questions outrank easy answers.
       - Paul Samuelson, 1915 - 2009

Children are innocent and love justice, while most adults are wicked and prefer mercy.
      - Gilbert Keith Chesterton, 1874 - 1936

Our friends show us what we can do; our enemies teach us what we must do.
       - Johann Wolfgang von Goethe, 1749 - 1832

Forsan et haec olim meminisse iuvabit (Perhaps it will be pleasing sometime to have
remembered these things.)
     - Virgil, 70 - 19 BC
                                                Respectfully submitted,


                                                Terrence M. Parker
                                                District Attorney

				
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