News from the Office of Ulster County District Attorney D. Holley Carnright
Wednesday, May 30, 2012
Press Release - People v Chad Olson
FROM: HOLLEY CARNRIGHT
DATE: MAY 30, 2012
RE: PRESS RELEASE -DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: NEW PALTZ MAN RECEIVES MAXIMUM SENTENCE FOR SEXUAL ABUSE OF TWO CHILDREN
Chad Olson, 35, of 527 N. Ohioville Road in New Paltz was sentenced Wednesday, May 30, 2012, in Ulster County to the maximum sentence allowed by law for the crimes of Course of Sexual Conduct Against a Child in the Second Degree, Sexual Abuse in the First Degree and two counts of Endangering the Welfare of a Child.
Olson was found guilty by a jury of seven woman and five men following a four day trial in Ulster County Court on Friday, March 30, 2012. Ulster County Court Judge, Hon Donald A. Williams, sentenced the defendant to seven years in state prison to be followed by ten years post release supervision on each of the two felony counts and ordered that those sentences run consecutively. Sentences for the misdemeanor Endangering charges can not run consecutively by operation of law.
Both victims and four additional family members of those victims spoke at the sentencing. Their emotional statements recounted the long lasting effects of the sexual abuse. The defendant maintained his claims of innocence which the prosecution argued reflected his failure to take responsibility for his actions and his complete lack of remorse for his acts.
One victim was under the age thirteen during the course of sexual conduct which occurred between January of 2005 and August of 2008 at residences in both Rosendale and Esopus. The second victim was under the age of eleven at the time of the sexual abuse which occurred at a residence off Ruby Road in Sawkill between November of 2008 and January of 2009. At trial, the jury also heard expert testimony from forensic psychologists put forth by both the prosecution and the defense. The defendant testified in his own behalf and denied any inappropriate contact with the children. The jury rendered a verdict of guilty to each and every charge given to them for consideration.
District Attorney Carnright praised the child victims for coming forward to report the abuse and their bravery in testifying before their abuser in open court. “The statistics are clear that only a fraction of child sexual abuse victims ever come forward.” Carnright lauded the New York State Police for their investigation.
The case was prosecuted by Special Victims Bureau Chief Katherine Van Loan. The defendant is represented by Edward Bruno, Esq. of Pine Bush.
Friday, May 18, 2012
Press Release - People v Mitchell
FROM: HOLLEY CARNRIGHT
DATE: MAY 18, 2012
RE: PRESS RELEASE – PEOPLE V RASHAN L. MITCHELL
On May 18, 2012, after a trial in Ulster County Court, a jury returned a verdict finding Rashan L. Mitchell (24) of Poughkeepsie guilty of Criminal Possession of a Weapon in the Second Degree, a class C violent felony, and Criminal Possession of a Weapon in the Third Degree, a class D felony. The case stems from an incident on August 16, 2011, on Prospect Street in the City of Kingston when officers of the Kingston Police Department observed what appeared to be a street narcotics transaction. As officers approached they observe a small black object in Mitchell’s hand near the back of his waistband. Mitchell fled but was apprehended a short distance away. The officers recovered a loaded, black, .38 caliber revolver under Mitchell where they tackled him.
Following his arrest the defendant gave a video statement to police admitting that he had the gun, but he later testified before the Grand Jury that he made that story up. He also told the Grand Jury that he ran from the police not because he illegally had a gun, but because an officer had pulled a gun on him. Unbeknownst to the defendant when he appeared before the Grand Jury was that there was a surveillance video which clearly contradicted his story.
Following his indictment the weapon was forwarded to the New York Police laboratory for DNA analysis. The defendant’s DNA was recovered from the weapon. At trial the DNA expert testified that the odds of someone other than the defendant’s DNA matching what was found on the weapon was one in three hundred billion.
During the trial, under cross examination of Chief Assistant District Attorney John Tobin, the defendant admitted lying to the Grand Jury but still denied having the gun. His explanation that his DNA was on the gun was that it could have been placed there by the police. In his closing argument to the jury Chief Assistant DA Tobin described defendant’s story as preposterous.
Mitchell was represented by Assistant Public Defender Russell Schindler. He is scheduled to be sentenced by the Hon. Donald A. Williams on July 24, 2012, and is facing a sentence of up to 15 years in prison.
Press Release - People v Jeri Lynn Ross
To: Media
Date: May 18, 2012
Re: Press Release on Jeri Lynn Ross
The Ulster County District Attorney’s Office announces the indictment of Jeri Lynn Ross, 63, of Hurley, on two counts of Scheme to Defraud in the First Degree and two counts of Perjury in the First Degree. Ms. Ross was previously arrested after an investigation by the New York State Police revealed that she had engaged in a decade-long scheme involving obtaining personal loans under false pretenses. During the course of the scheme, she solicited loans totaling more than $600,000 from over 30 different friends, neighbors, and patients of the dental practice where she worked as a dental assistant. Ms. Ross is expected to be arraigned in Ulster County Court next week.
Wednesday, May 9, 2012
Press Release - People v Van Demps
FROM:HOLLEY CARNRIGHT
DATE:MAY 9, 2012
RE: PRESS RELEASE - PEOPLE V. VAN DEMPS
ULSTER COUNTY COURT
HON. THOMAS A. BRESLIN
Van Demps, a 51 year old Kingston City resident, was convicted today by an Ulster County jury of forcibly stealing property from Walmart in the Town of Ulster on March 20, 2011, while acting in concert with another. Demps’ co-defendant, Daniel Kerwin, was previously convicted of robbery and sentenced to ten years in state prison.
The jury of seven women and five men found Mr. Demps guilty of Robbery in the Third Degree for the midnight theft of a 32” flat screen television, which Demps and his co-defendant sold for crack cocaine within an hour of the robbery.
Demps, who has a lengthy criminal history which includes seventeen convictions for crimes of larceny, weapons possession and drugs, did not testify at the trial, nor did he call any witnesses. The case was prosecuted by Assistant District Attorney Jessica Mila Schutzman. Demps was represented by Kingston attorney Eric Schneider.
Wednesday, May 2, 2012
Press Release - People v Appollonia
FROM: HOLLEY CARNRIGHT
DATE: MAY 2, 2012
RE: PRESS RELEASE – PEOPLE V DENNIS APPOLLONIA
Dennis Appollonia, age 21, of Kingston, New York, pled guilty to Assault in the second degree before Ulster County Court Judge Donald A. Williams on May 2, 2012. Appollonia was indicted by an Ulster County Grand Jury for assaulting his eleven week old son. The infant victim had been treated at area hospitals on three occasions prior to January 3, 2012 when he was taken to the hospital, again, by his mother for complaints involving the child’s chest cavity. The infant was then transferred to Albany Medical Center where he underwent both x-ray and MRI examinations under the care of renowned pediatric radiologist, Dr. Barbara Dangman. Dr. Dangman observed both fresh and healing fractures of the child’s rib cage.
The Ulster County Family Violence Unit was contacted to investigate and, eventually, Appollonia admitted causing the rib fractures by squeezing his child out of frustration. The case was prosecuted by Ulster County District Attorney Holley Carnright.
The defendant is scheduled to be sentenced on July 10, 2012. It is expected that the defendant will be sentenced to 7 years in State Prison and orders of protection issued on behalf of the infant and the mother of the child.
Press Release - People v Shawn Tyler Plea
FROM: HOLLEY CARNRIGHT
DATE: MAY 1, 2012
RE: PRESS RELEASE – PEOPLE V SHAWN TYLER
Shawn Tyler, age 35, formerly of Hurley, New York, pled guilty to Murder in the first degree before the Hon. Donald A. Williams, Ulster County Court Judge, today May 1st, 2012. Tyler faced an Ulster County indictment for Murder in the first degree for the bludgeoning death of Ann Gaffney while in the course of robbing her. The case sent shock waves through Hurley, a quiet residential community generally insulated from violent crimes of this nature.
The victim was killed in her home where Tyler and a partner rented a room. On December 21, 2011 the defendant went to the basement of the home where Ms. Gaffney was sleeping, woke her and then struck her from behind with a sledge hammer that he had taken to the basement for that purpose. After bludgeoning the victim he stole $270.00 in cash and an ATM credit card which he used to buy crack.
According to the autopsy the victim died as a result of multiple rib fractures which pierced her lungs.
According to a statement made by the defendant to the police he had intended to hide the victim’s body the next day but when his partner learned what he had done she called 911. The New York State Police immediately responded and apprehended the defendant within a mile of the crime scene. The defendant admitted to New York State Police investigators that he murdered Ms. Gaffney and forensic evidence corroborated the details of his admissions.
Tyler is scheduled to be sentenced by Judge Williams on July 10th. It is anticipated the defendant will be sentenced to 25 years to life in State Prison.
I have handled my share of murder cases over the years. This one was particularly chilling. In my judgment this was nothing short of a cold blooded, pre-meditated killing.
Press Release - Zena School
FROM: HOLLEY CARNRIGHT
DATE: MAY 1, 2012
RE: PRESS RELEASE – ZENA SCHOOL
This matter was referred to my office concerning irregularities in the results of standardized testings known as the New York State English Language Arts Test and the New York State Mathematics Tests for grades 3, 4 and 5, conducted at the Zena School in April and May of 2010.
These tests are given annually to all third, fourth and fifth grade students in New York State. A review of the results of these tests showed a very high number of erasures on the test forms, along with exceptionally high grades for some students and unusually low grades for others. The results were so out of kilter with previous testings that an administrative review was conducted. Based upon that review the matter was referred to my office.
Before referring the matter to my office the school district’s investigation reached the conclusion that these 2010 test answer sheets had been tampered. I agree with that conclusion.
Our investigation then focused on whether there is sufficient evidence, admissible in a criminal proceeding, that would support the arrest and prosecution of the person or persons who altered these exams. Unfortunately, there is not.
Before making this determination I asked that the test booklets and answer sheets be sent for forensic evaluation. We also wanted to have a subsequent exam, administered under strict control, to use as a comparison to the 2010 testing, which was done. Those results help to confirm my belief that the 2010 test results were tampered with.
The Kingston School District administration and personnel at Zena School were fully cooperative with our investigation. The matter has been referred by me back to the school who, I believe, are considering additional investigation and the possibility of administrative action.
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