The Record (Troy, NY)

Charges against DA dismissed

Judge agrees with Abelove’s motion to dismiss

- By Keith Whitcomb kwhitcomb@digitalfir­stmedia.com @kwhitcombj­r on Twitter

TROY, N.Y. » Charges of perjury and withholdin­g evidence filed against Rensselaer County District Attorney Joel Abelove late last year were dropped Monday, according to sources familiar with the matter.

“I’m very happy with the court’s decision,” said Abelove on Monday. “This was a political witchhunt from the beginning.”

Abelove was indicted by a grand jury on Dec. 1 over how he’d handled an incident in 2016 where Troy police fatally shot a man at a DUI stop. He’d been charged in Rensselaer County Court with a felony count of first- degree perjury, and two misdemeano­r counts of official misconduct. He

pleaded not guilty to all charges and was released.

The charges were filed by the since-disgraced state Attorney General Eric Schneiderm­an, who accused Abelove of withholdin­g evidence from a grand jury resulting in city police Sgt. Randy French not being indicted for shooting and killing Ed- son Thevenin, 37, of Watervliet, at a DUI stop on the Collar City Bridge on April 17, 2016.

Abelove vehemently denied any wronging from the start.

“I would never, ever knowingly violate any oath of office I’ve taken,” said Abelove.

The case was overseen by Columbia County Court Judge Jonathan Nichols.

Abelove, through his attorney, William Dreyer, filed a motion to dismiss the case, which Nichols granted. According to sources, Nichols’ decision to dismiss stemmed from his finding that the attorney general did not have the proper jurisdicti­on to present the perjury charge.

“The case against District Attorney Joel Abelove was politicall­y motivated and based on false premises and incorrect informatio­n. The entire prosecutio­n was the work of an Attorney General whose own criminal actions led to disgrace and his resignatio­n, but sadly, Joel’s political opponents had hoped that dirty work would undo the will of the people who elected Joel as DA. Residents can now know that DA Abelove acted legally and properly in handling this difficult case, and that his office is now hopefully free of partisan meddling from state power brokers,” Rensselaer County Republican Committee Chairman John Rustin.

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