Nunez found guilty of perjury
Convictions at three trials could land dentist in prison for decades
KINGSTON >> The Kingston dentist acquitted five months ago of murdering his exlover’s husband was found guilty of perjury and other charges Thursday in connection with false statements he made on a pistol permit application.
Gilberto Nunez was convicted by a jury in Ulster County Court and then sent to the county jail to await sentencing, according to the Orange County District Attorney’s Office, which served as special prosecutor in the case.
Nunez, now convicted of numerous charges at three separate trials this year, could draw significant prison time when he’s sentenced on Feb. 7, 2017, by Ulster County Judge Donald A. Williams.
Prosecutors say the 49-year-old dentist faces:
• A total of up to 12 years behind bars for the charges of which he was convicted Thursday, which also included offering a false instrument for filing and making an apparently sworn false statement.
• A total of up to 34 years for grand larceny, insurance fraud and falsifying
business records, of which he was convicted last month in a case relating to an insurance claim after a fire.
• A total of up to 14 years for two counts of criminal possession of a forged instrument, of which he was convicted at his murder trial this past spring.
Orange County District Attorney David Hoovler said his office “will be recommending consecutive state prison sentences,” but Williams could make some of the sentences concurrent, resulting in the total prison time being far less than the possible maximum.
Nunez, a Poughkeepsie resident whose dental office is on Washington Avenue in Uptown Kingston,
had been free on $1 million bail since shortly after his arrest for murder in the fall of 2015, but Hoovler said the dentist now will be held without bail until learning his fate in just under three months.
Thursday’s conviction, after a trial that lasted less than a week, was the result of Nunez stating on a pistol permit application that he never had been terminated or discharged from employment or military service for cause. In fact, Hoovler said, Nunez was discharged from the U.S. Marine Corps in 1990 under “other than honorable conditions.” The district attorney said Nunez was discharged after being absent without leave, or AWOL, for almost three
“I am pleased that the jury credited the evidence in this case, which I believe clearly supports the jury’s determination that this defendant perjured himself when he lied about his service as a United States Marine,” Hoovler said in a prepared statement. “It is clear that this jury carefully considered all of the evidence in reaching their determination that Nunez was guilty of all the crimes charged in this indictment.”
Nunez was acquitted of murder in mid-June in the November 2011 death of Thomas Kolman, 44, of Saugerties, whose wife had been having an affair with the dentist. The jury in that case deliberated
for only six hours before rejecting the prosecution’s claim that Nunez poisoned Kolman with a dental sedative so he could have Linda Kolman to himself.
The defense said Nunez had nothing to do with Thomas Kolman’s death, that the two men were close friends and that Thomas Kolman could have died from a heart problem.
Though acquitted of murder, Nunez was convicted in that case of two felony counts of possession of a forged instrument for having a fake CIA identification card on his computer and for giving Linda Kolman a letter purporting to be from a CIA agent.
Nunez and Linda Kolman have appeared on
separate TV network news magazines since the murder trial. Nunez proclaimed his innocence of CBS’ “48 Hours” in September; Mrs. Kolman, on NBC’s “Dateline” earlier this month, said she believes Nunez killed her husband.
Nunez’s October conviction for grand larceny, insurance fraud and falsifying business records was connected to a February 2014 fire that destroyed a building he owned next door to his dental office.
The jury, which deliberated for 14 hours over a span of three days, agreed with the allegation that Nunez improperly received an $8,400 insurance payment for what he claimed was rent he lost due to the fire.