Nunez found guilty of per­jury

Con­vic­tions at three tri­als could land den­tist in prison for decades

Daily Freeman (Kingston, NY) - - FRONT PAGE - Free­man staff

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

years.

“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.

Nunez

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