New York Daily News

Prosecutor in the clear

- BY ANDREW KESHNER

A groping case against a former Brooklyn sex crimes prosecutor is going to be dismissed in six months, assuming the defendant meets certain conditions.

One week after Chrismy Sagaille’s misdemeano­r trial ended with a deadlocked jury, he agreed to an arrangemen­t Wednesday that will dismiss the charges and seal the matter after six months.

Prosecutor­s had accused Sagaille of grabbing a woman’s breast and kissing her without consent after an April 2017 baby shower. Sagaille, 33, denied the claims.

Both he and his accuser testified at trial earlier this month.

Sagaille worked in the Brooklyn district attorney’s office for about three years and testified he lost his job as a result of the case.

The jury’s five men and one woman deliberate­d for more than 60 hours over more than four days but could not reach a verdict.

Judge Bruce Balter declared a mistrial June 13.

Staten Island prosecutor­s were specially appointed to handle the case.

At the first court date after the mistrial, Assistant District Attorney Melissa O’Leary said Wednesday that she was submitting a so-called adjournmen­t in contemplat­ion of dismissal, along with a six-month order of protection to bar any contact between Sagaille and his accuser.

Balter granted the prosecutio­n’s applicatio­n.

According to Ryan Lavis, a spokesman for the Staten Island district attorney’s office, the case against Sagaille will be dismissed in six months if he is not rearrested during that period and does not violate the protective order.

Sagaille is suing the Daily News for libel for its earlier coverage of the case.

Outside court, Sagaille’s lawyer, Ken Montgomery, said, “The district attorney offered something that was very fair in my opinion, considerin­g the circumstan­ce of this case. And I still, 10 years from now, 20 years from now, 30 years from now, will say that I just don’t think this is something that should’ve entered our criminal justice system to begin with.”

A spokesman for the ex-prosecutor later issued a statement that said, in part, “As Chrismy Sagaille said from the beginning of this case, more than one year ago, he is innocent and in our strong opinion, today’s proceeding­s in court proved just that.”

A Staten Island district attorney’s spokesman declined to comment further on the case.

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